Search Rutgers Law Library N.J. Court Opinions

76 JOHN OVERSTREET v. SENIOR HIGH RISE SENIOR CENTER, HOUSING AUTHORITY CITY OF BRIDGETON -- rank: 680

... days after the date of the incident as required by N.J.S.A. 59:8-8. On August 5, 2004, plaintiff filed a motion requesting leave ... filed against a public entity within ninety days after accrual. N.J.S.A. 59:8-8. N.J.S.A. 59:8-9 provides: A claimant ... after accrual of the cause of action as prescribed by N.J.S.A. 59:8-8. Beauchamp v. Amedio , 164 N.J. 111 , 118-19 (2000 ... the ninety day notice of claim requirement set forth in N.J.S.A. 59:8-8 is eased by the saving provision of N.J.S ...

docket:	A1894-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-28
status:	unpublished
citation:
Document Size:	52286

77 BELINDA SNOWDEN v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY -- rank: 680

... s failure to comply with the TCA's notice requirements, N.J.S.A. 59:8-8 and -9. On March 31, 2010, plaintiff filed a motion ... entity within ninety days of the accrual of his claim. N.J.S.A. 59:8-8. However, a literal interpretation of N.J.S.A. 59:8-8 should be avoided where a claimant substantially provided the information ... the investigation and evaluation of the information as contemplated by N.J.S.A. 59:8-8. Henderson v. Herman , 373 N.J. Super. 625 , 636-37 ...

docket:	a5995-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-02
status:	unpublished
citation:
Document Size:	46801

78 JOAN E. WALKER v. JEFFRIES TOWERS -- rank: 680

... compliance for relief from the ninety-day filing requirement of N.J.S.A. 59:8-8, arguing the totality of the circumstances established she had provided ... ninety days of the accrual of the cause of action. N.J.S.A. 59:8-8. The purposes of the notice are as follows: (1) to ... unless he or she complies with the TCA notice requirements. N.J.S.A. 59:8-8(a). However, the harshness of the ninety-day requirement is ... a notice of claim beyond the ninety-day limit of N.J.S.A. 59:8-8 for a period of up to one year after the ...

docket:	a0416-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-15
status:	unpublished
citation:
Document Size:	25449

79 MARK WAGENHOFFER v. STATE OF NEW JERSEY -- rank: 680

... been denied during the ninety-day time limit imposed by N.J.S.A. 59:8-8. Plaintiff further argues that the State has not shown that ... our consideration of these arguments by restating applicable legal principles. N.J.S.A. 59:8-8 requires a claim pursuant to the Tort Claims Act to ... file notice of claim" within the ninety days prescribed by N.J.S.A. 59:8-8. N.J.S.A. 59:8-9. The Supreme Court ... impeded during the ninety-day time limit set forth in N.J.S.A. 59:8-8 by virtue of his incarceration. The ninety-day period of ...

docket:	A0216-06
court:	NJ Superior Court Appellate Division
decided:	2007-08-16
status:	unpublished
citation:
Document Size:	45431

80 /usr/local/share/www/libweb/collections/courts/appellate/a1380-20.opn.html -- rank: 677

... the Board's insurance carrier, did not substantially comply with N.J.S.A. 59:8-8. In addition, the court found that no 'defect' existed in ... of the accrual of the claimant's cause of action. N.J.S.A. 59:8-8. The TCA, 'however, allows a claimant to apply to a ... claimant from bringing the tort claim against the public entity. N.J.S.A. 59:8-8(a). After the expiration of that one- year period, the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	33573

81 LORENZO OLIVER v. YVONNE LEE -- rank: 677

... 90 days of the accrual of his claim pursuant to N.J.S.A. 59:8-8. Here[,] the date of accrual is November 5, 2007, the ... a notice of claim within the ninety days required by N.J.S.A. 59:8-8 and has also failed to file application to the court ... of the required procedural steps that a plaintiff must take, N.J.S.A. 59:8-8 provides: A claim relating to a cause of action for ... failed to file a timely notice of claim pursuant to N.J.S.A. 59:8-8. Plaintiff asserts that on October 30, 2008, he "turned two ...

docket:	a1669-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-25
status:	unpublished
citation:
Document Size:	29890

82 SHIRLEY LYVAN v. CITY OF EAST ORANGE -- rank: 677

... We set forth those statutory provisions which guide our analysis. N.J.S.A. 59:8-8 provides in pertinent part: A claim relating to a cause ... 2003, the date of her fall. She was required, under N.J.S.A. 59:8-8, to file her notice of claim with East Orange within ... completed form. It also stressed, as it had previously, that N.J.S.A. 59:8-8 required the existence of "extraordinary circumstances" to warrant permission to ...

docket:	A1851-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-22
status:	unpublished
citation:
Document Size:	41828

83 RONALD WAY v. NEWARK HOUSING AUTHORITY -- rank: 673

... within ninety days after February 17, 2015, as required by N.J.S.A. 59:8-8. Therefore, plaintiff filed a motion seeking leave to file a ...

docket:	a0941-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-04
status:	unpublished
citation:
Document Size:	20277

84 ALMA OVERSTREET v. GINA ANDERSON, M.D. -- rank: 673

... S.A. 59:8-3. Another section of the Act, N.J.S.A. 59:8-8, specifies that a claimant shall be "forever barred from recovering ... the notice of claim within the ninety days required by N.J.S.A. 59:8-8. The "extraordinary circumstances" language contained in N.J.S.A ...

docket:	a4067-08
court:	superior court appellate division
decided:	2010-04-23
status:	Unpublished
citation:
Document Size:	77769

85 RUTHH ALLETT v. LEITA HAMILL -- rank: 673

... the ninety- day period for filing claim notices prescribed by N.J.S.A. 59:8- 8.1 Plaintiff sought to avail herself of the late claim ... does not serve as the filing of notice required by N.J.S.A. 59:8-8. Guzman v. Perth Amboy, 214 N.J. Super. 167, 171 ...

docket:	a2592-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-15
status:	unpublished
citation:
Document Size:	34440

86 NOBIS VENTURE, LLC v. DONAHOE BROTHERS, LLC -- rank: 673

... the accrual of their cause of action as required by N.J.S.A. 59:8-8, and had not filed a motion with the court under ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-8. Claimants are "forever barred from recovering against a public entity ... Notice. Plaintiff simply did not comply with the requirements of N.J.S.A. 59:8-8 and -9. Plaintiff's claim that he was unaware of ...

docket:	a6006-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	25693

87 NA-IL JOHNSON v. HOUSING AUTHORITY CITY OF NEWARK et al. -- rank: 671

... Authority on August 18, 2004. The ninety-day limit of N.J.S.A. 59:8-8 expired on December 30, 2003. In plaintiff's late notices ... statutory period. "The purpose of the 90-day limit [of N.J.S.A. 59:8-8] is to 'compel a claimant to expose his intention and ... claim except as otherwise provided in Section 59:8-9 [ N.J.S.A. 59:8-8.] A claimant who fails to file notice of his claim ...

docket:	A0961-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-07
status:	unpublished
citation:
Document Size:	37441

88 /usr/local/share/www/libweb/collections/courts/appellate/alberts-v-gaeckler.opn.html -- rank: 668

... of a timely tort claim notice (TCN) in accordance with N.J.S.A. 59:8-8 by the claimant who sustains the personal injury satisfy the ... emotional distress or a bystander liability claim. In accordance with N.J.S.A. 59:8-8, plaintiff filed a timely TCN with defendant. Randy did not ... expired ninety days after accrual of the cause of action. N.J.S.A.59:8-8. Randy’s cause of action based upon bystander liability accrued ...

docket:	Alberts-v-Gaeckler
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	39315

89 AKINTOLA HANIF MARTIN v. UNIVERSITY HOSPITAL NEWARK -- rank: 668

... deemed plaintiff's notice of claim timely for purposes of N.J.S.A. 59:8-8 'PROVIDED, HOWEVER THAT' plaintiff serve the noticed parties 'with a ... accrual. O'Donnell, 236 N.J. at 345; see also N.J.S.A. 59:8-8. A court may grant a plaintiff who has not met ... Cleaners, Inc., 230 N.J. 123, 133 (2007); see also N.J.S.A. 59:8-8(a). These TCA notice requirements 'were not intended as a ... judges determining the timeliness of a notice of claim under N.J.S.A. 59:8-8 to perform a 'sequential analysis.' Bayer v. Twp. of Union ...

docket:	a0052-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-24
status:	Unpublished
citation:
Document Size:	43125

90 DANIEL J. O'NEILL VS CITY OF NEWARK, ET AL -- rank: 666

... accrues for a plaintiff to file a notice of claim. N.J.S.A. 59:8-8 provides:         A claim relating to a cause of action for ... to precede by six months the filing of a complaint. N.J.S.A. 59:8-8. - - This archive is a service of Rutgers School of Law ...

docket:	a1164-96
court:	njappellate
decided:	1997-10-14
status:	published
citation:	<a href=
Document Size:	30831