Search Rutgers Law Library N.J. Court Opinions

61 Lynne Beauchamp v. Frank J. Amedio et al. -- rank: 706

... or for injury or damage to person or to property.” N.J.S.A. 59:8-8. Such a claim shall be presented as provided in this ... claim except as otherwise provided in section 59:8-9[.] [ N.J.S.A. 59:8-8 (footnote omitted).]     Although N.J.S.A. 59:8-1 ... N.J. Super. 523 , 528 (1992), “[t]he wording of N.J.S.A. 59:8-8 is really a misnomer. A person need not have or ...

docket:	a-26-99
court:	njsupreme
decided:	2000-06-08
status:
citation:	164 N.J. 111
Document Size:	34497

62 RALPH ANGELES v. NEVIER RUIZ -- rank: 706

... motion for leave to file a late notice of claim. N.J.S.A. 59:8-8 requires a claimant to file their claim with the public ... this information within the ninety-day window set forth in N.J.S.A. 59:8-8. Finally, the motion judge correctly concluded the Kearny form was ...

docket:	a3751-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	35617

63 JAIME WEAVER v. NEW JERSEY TRANSIT CORPORATION and TIMOTHY STACKHOUSE - -- rank: 704

... Rather than immediately filing the notice of tort claim, which N.J.S.A. 59:8-8 states must be filed no later than the ninetieth day ... February 10, 2009, within the ninety-day period required by N.J.S.A. 59:8-8, plaintiff sent her notice of tort claim to the State ... ninety days after the accrual of the cause of action. N.J.S.A. 59:8-8. The date of accrual is the date when the negligent ... notice of claim beyond the ninety-day period specified by N.J.S.A. 59:8-8, provided that a court, by order, permits the filing of ... served the notice within the ninety-day period required by N.J.S.A. 59:8-8, such circumstances do not create an absolute right to wait ... failure to file the timely notice of claim required by N.J.S.A. 59:8-8. This is not a circumstance where plaintiff was unaware ...

docket:	a2826-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-06
status:	unpublished
citation:
Document Size:	24788

64 LAKESIDE CONSTRUCTION v. TOWNSHIP OF SPARTA -- rank: 700

... plaintiff company complied with the ninety-day deadline prescribed by N.J.S.A. 59:8-8 for serving a notice of tort claim upon a defendant ... not been served within the ninety-day period prescribed by N.J.S.A. 59:8-8. Specifically, defendants asserted that any cause of action for negligence ... the accrual of the cause of action.' Ibid.; see also N.J.S.A. 59:8-8. A plaintiff's failure to serve the required notice within ... bar[s]' the plaintiff from recovering from the governmental defendants. N.J.S.A. 59:8-8(a). In N.J.S.A. 59:8-9, the ...

docket:	a3412-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-09
status:	Unpublished
citation:
Document Size:	24637

65 ROY ISOLA v. NEW JERSEY DEPARTMENT OF CORRECTIONS and WILLIE BONDS, MS. ROUNDTREE and MR. ROMANO -- rank: 695

... the [ninetieth day] after accrual of the cause of action.' N.J.S.A. 59:8-8. The TCA allows for the late filing of a notice ... accrual of the cause of action' as otherwise required under N.J.S.A. 59:8-8, 'or to file a motion seeking leave to file a ...

docket:	a1028-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-08
status:	Unpublished
citation:
Document Size:	35775

66 /usr/local/share/www/libweb/collections/courts/appellate/a3514-19.opn.html -- rank: 695

... the [ninetieth] day after accrual of the cause of action.' N.J.S.A. 59:8-8. However, 'the notice provisions of the [TCA] were not intended ... claim notice. 'In determining whether a notice of claim under N.J.S.A. 59:8-8 has been timely filed, a sequential analysis must be undertaken ...

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Document Size:	33985

67 JUDY CORRIGAN v. JAMES MOGAN -- rank: 693

... day deadline for serving a tort claims notice pursuant to N.J.S.A. 59:8-8. Plaintiff's present counsel informed her that she was required ... J.S.A . 59:1-1 to 12-3. As N.J.S.A. 59:8-8 prescribes, if a plaintiff seeks to bring an action against ... public entity within 90 days of accrual of [her] claim[.]" N.J.S.A. 59:8-8 (emphasis added). The purpose of imposing this notice obligation upon ... six-month period of repose afforded to public entities under N.J.S.A. 59:8-8 to investigate and potentially resolve the claim. See N.J.S.A. 59:8-8 (providing that "[a]fter the expiration of six months from ...

docket:	a1160-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-07
status:	unpublished
citation:
Document Size:	40231

68 EdanBen Elazar v. Macrietta Cleaners, Inc. -- rank: 693

... it was served beyond the ninety-day period prescribed by N.J.S.A. 59:8-8. The Appellate Division affirmed, and the Court granted plaintiffs’ motion ... 90th day after accrual of the cause of action.” N.J.S.A. 59:8-8. At issue is whether accrual of plaintiffs’ claim against the ... of failure to submit a timely notice of claim under N.J.S.A. 59:8-8. We glean the following facts from the summary judgment record ... Tort Claims Act’s ninety-day notice requirement contained in N.J.S.A. 59:8-8. In opposition to the motion, plaintiffs argued that their notice ... ninety days of the accrual of the cause of action. N.J.S.A. 59:8-8. Under extraordinary circumstances, and accompanied by a showing that the ... claimant from bringing the tort claim against the public entity. N.J.S.A. 59:8-8(a). Before determining whether a claimant has timely filed ...

docket:	A-11-16
court:	NJ Supreme Court
decided:	2017-07-26
status:
citation:	230 N.J. 123 165 A.3d 758
Document Size:	63811

69 STEVE WILLIAMS v. WESTAMPTON POLICE DEPARTMENT -- rank: 689

... to -12-3, within the ninety-day period established in N.J.S.A. 59:8-8. Defendant argues the Law Division judge erred in finding plaintiff ... the accrual of the cause of action as mandated under N.J.S.A. 59:8-8. The only response plaintiff gave to defendant's motion was ... action accrued on January 9, 2013. Plaintiff was required under N.J.S.A. 59:8-8 to serve the municipality with the TCA notice within ninety ... allowed to file the late notice of tort claim. II N.J.S.A. 59:8-8 requires those who seek to recover compensatory damages against a ...

docket:	a1964-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-24
status:	unpublished
citation:
Document Size:	18981

70 JAMIE EPSTEIN VS STAE OF NEW JERSEY, COUNTY OF CAMDEN, ET AL -- rank: 684

... ninetieth day after the accrual of the cause of action, N.J.S.A. 59:8-8, and must contain the following information: (1) the name and ... on or before that day, as required by the Act, N.J.S.A. 59:8-8. The legal issue, succinctly stated, is whether a one-day ... of tort claim would be timely filed in accordance with N.J.S.A. 59:8-8. We may not regard his inattentiveness as an extraordinary circumstance ...

docket:	a4450-96
court:	njappellate
decided:	1998-05-12
status:	published
citation:	311 N.J.Super. 350
Document Size:	23313

71 CORNELL CHAVIS v. COUNTY OF MORRIS, ET AL. -- rank: 684

... Act (the Act) were filed within the time required by N.J.S.A. 59:8-8, and alternatively granted plaintiffs leave to file late notices of ... plaintiffs' notices of claim should not be declared timely under N.J.S.A. 59:8-8 or, alternatively, why plaintiffs should not be permitted to file ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-8. A claimant is "forever barred from recovering against a public ... filed their notices of claim within the time required by N.J.S.A. 59:8-8. III. As an alternative basis for his decision, the judge ...

docket:	a6114-05
court:	njappellate
decided:	2007-03-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73268

72 MICHAEL MARCHITELLO v. COUNTY OF MORRIS, ET AL. -- rank: 684

... Act (the Act) were filed within the time required by N.J.S.A. 59:8-8, and alternatively granted plaintiffs leave to file late notices of ... plaintiffs' notices of claim should not be declared timely under N.J.S.A. 59:8-8 or, alternatively, why plaintiffs should not be permitted to file ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-8. A claimant is "forever barred from recovering against a public ... filed their notices of claim within the time required by N.J.S.A. 59:8-8. III. As an alternative basis for his decision, the judge ...

docket:	a6115-05
court:	njappellate
decided:	2007-03-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73273

73 JORGE MONTEAGUDO v. TOWN OF MORRISTOWN, et al. -- rank: 684

... Act (the Act) were filed within the time required by N.J.S.A. 59:8-8, and alternatively granted plaintiffs leave to file late notices of ... plaintiffs' notices of claim should not be declared timely under N.J.S.A. 59:8-8 or, alternatively, why plaintiffs should not be permitted to file ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-8. A claimant is "forever barred from recovering against a public ... filed their notices of claim within the time required by N.J.S.A. 59:8-8. III. As an alternative basis for his decision, the judge ...

docket:	a6113-05
court:	njappellate
decided:	2007-03-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73273

74 O.R. v. RICK CAVE -- rank: 682

... who was not a District employee, 2 as required by N.J.S.A. 59:8-8; the entire controversy doctrine barred this action as plaintiff asserted ... Claims notice, the litigation privilege, and the entire controversy doctrine. N.J.S.A. 59:8-8 mandates that a claim against a public entity be filed ...

docket:	a5001-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	41914

75 /usr/local/share/www/libweb/collections/courts/appellate/a3562-13.opn.html -- rank: 682

... to file notice of a claim against a public entity. N.J.S.A. 59:8-8(a). This notice requirement was created (1) to allow the ... notice of his claim within 90 days as provided in [ N.J.S.A. ] 59:8-8 of this act, may, in the discretion of a judge ... that notice be served upon the correct responsible public entity. N.J.S.A. 59:8-8. The statutory definition of the State as a public entity ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	28772