Search Rutgers Law Library N.J. Court Opinions

106 SANDRA POTOSI v. UNION CITY BOARD OF EDUCATION -- rank: 624

... this motion[.] Defendant filed an appeal as of right. See N.J.S.A. 59:8-9. On appeal, the Board maintains that plaintiff's motion for ... plaintiff failed to demonstrate the requisite extraordinary circumstances mandated by N.J.S.A. 59:8-9 of the Tort Claims Act." The Board further maintains that ... within ninety days of accrual, "except as otherwise provided in [ N.J.S.A. ] 59:8-9." In turn, N.J.S.A. 59:8-9 authorizes a judge to extend the time for the filing ... A. 59:8-8. The "extraordinary circumstances" language contained in N.J.S.A. 59:8-9 was the result of a 1994 amendment that substituted "extraordinary ... plaintiff must make to satisfy the extraordinary circumstances requirement of N.J.S.A. 59:8-9. See Ventola v. N.J. Veteran's Mem'l ...

docket:	a0898-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-08
status:	unpublished
citation:
Document Size:	26463

107 ROBERT EDWARDS VS. HOUSING AUTHORITY OF PLAINFIELD, ET AL. -- rank: 621

... of claim within one year of the claim's accrual. N.J.S.A. 59:8-9; H.C. Equities, 247 N.J. at 370. The claimant ... the period of time prescribed by section 59:8-8.' N.J.S.A. 59:8-9. We affirm substantially for the reasons set forth in the ... leave to serve a late notice of claim pursuant to N.J.S.A. 59:8-9 because he did not do so within one year of ...

docket:	a2496-22
court:	appellate
decided:	2024-04-15
status:	Unpublished
citation:
Document Size:	14797

108 BRIAN BEYER v. SEA BRIGHT BOROUGH -- rank: 619

... facts of his case satisfy the "extraordinary circumstances" requirements of N.J.S.A. 59:8-9, the motion judge erred in denying his motions and precluding ... Beauchamp v. Amedio , 164 N.J. 111 , 121-22 (2000)).] N.J.S.A. 59:8-9 allows late filing for the notice of claim under certain ... permitting the filing of a late notice of claim under N.J.S.A. 59:8-9." Allen v. Krause , 306 N.J. Super. 448 , 455-56 ... 1997); Margolis and Novack, Claims Against Public Entities , comment on N.J.S.A. 59:8-9 (1999)). In D.D. , supra , 213 N.J. at 156 ... the motion judge prior to her exercise of discretion under N.J.S.A. 59:8-9. Consequently, we reverse the orders on appeal and remand to ...

docket:	a4061-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-19
status:	published
citation:	440 N.J.Super. 424 114 A.3d 380
Document Size:	26544

109 LORNA PEART v. UNIVERSITY HOSPITAL OF NEWARK, NEW JERSEY -- rank: 619

... to file a late notice of claim is unavailable under N.J.S.A. 59:8-9. In her opposition, plaintiff noted that if the judge rejects ... NOT ENTITLED TO FILE A LATE NOTICE OF CLAIM UNDER N.J.S.A. 59:8-9. POINT IV THE CITY IS IMMUNE TO INJURIES CAUSED BY ...

docket:	a1618-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-19
status:	Unpublished
citation:
Document Size:	25477

110 GARY BIASSOU, Guardian ad Litem of ALESSIO BIASSOU Minor, and GARY BIASSOU and KATIA BIASSOU Individually v. JOHN FITZSIMMONS, M.D VIRTUA MATERNAL FETAL MEDICINE CENTER KENNEDY MEMORIAL HOSPITALS/UNIVERSITY MEDICAL CENTER and KEITH WILLIAMS, M.D -- rank: 616

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. The motion judge heard oral argument on both motions on ... of action. N.J.S.A. 59:8-8. However, N.J.S.A. 59:8-9 alleviates the rigidity of the ninety-day requirement by authorizing ... filing of defendant's answer. They therefore became obligated, under N.J.S.A. 59:8-9, to show that there were sufficient reasons constituting extraordinary circumstances ... because, as one commentator has observed: The 1994 amendment of [ N.J.S.A. 59:8-9] established the requirement that a late notice of claim be ... notice). [Margolis and Novack, Claims Against Public Entities , comment to N.J.S.A. 59:8-9 (2014).] As noted, plaintiffs had actual knowledge of defendant's ...

docket:	a2123-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	25225

111 LAWRENCE TOWNES v. CITY OF NEWARK, et al. -- rank: 613

... for leave to file a late notice of claim under N.J.S.A. 59:8-9, a provision of the Tort Claims Act (the Act), N ... coming to or being of full age or sane mind. N.J.S.A. 59:8-9 permits a late notice of claim to be filed in ...

docket:	A2050-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-22
status:	unpublished
citation:
Document Size:	45275

112 BOBBIE LYNN PIERCE v. CHERRY HILL TOWNSHIP -- rank: 611

... Pierce had failed to satisfy the "extraordinary circumstances" requirement of N.J.S.A. 59:8-9. This appeal followed. II. On appeal, Pierce argues that the ... There is an exception to the ninety-day notice rule. N.J.S.A. 59:8-9 provides: A claimant who fails to file notice of his ... years from the time of the accrual of the claim. [ N.J.S.A. 59:8-9 (emphasis added).] Thus, although the decision to grant a plaintiff ... permitting the filing of a late notice of claim under N.J.S.A. 59:8-9." Allen v. Krause , 306 N.J. Super. 448 , 455-56 ... 1997); Margolis and Novack, Claims Against Public Entities , Comment on N.J.S.A. 59:8-9 (1999)). Because no notice of claim was filed within ninety ...

docket:	a3264-08
court:	superior court appellate division
decided:	2010-04-12
status:	Unpublished
citation:
Document Size:	34255

113 /usr/local/share/www/libweb/collections/courts/appellate/a3024-10a3619-10.opn.html -- rank: 611

... to file late notices of tort claim against them. See N.J.S.A. 59:8-9. We have consolidated these back-to-back appeals for the ... 59:8-8(a). As an exception to this rule, N.J.S.A. 59:8-9, provides: A claimant who fails to file notice of his ... Brown , 259 N.J. Super. 360 , 365 (Law Div. 1991)). N.J.S.A. 59:8-9 authorizes a court to exercise its discretion to permit a ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	29406

114 MICHAEL MARCHITELLO v. COUNTY OF MORRIS, ET AL. -- rank: 611

... plaintiffs leave to file late notices of claim pursuant to N.J.S.A. 59:8-9. We consolidate the appeals for purposes of our decision and ... be permitted to file late notices of claim pursuant to N.J.S.A. 59:8-9. The Town, the Department, Beginnings, and McCoy filed cross-motions ... notice with the time required, "except as otherwise provided in [ N.J.S.A. ] 59:8-9." N.J.S.A. 59:8-8a. "Ordinarily, a cause ... allow them to file late notices of claim pursuant to N.J.S.A. 59:8-9. The statute provides: A claimant who fails to file notice ...

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

115 CORNELL CHAVIS v. COUNTY OF MORRIS, ET AL. -- rank: 611

... plaintiffs leave to file late notices of claim pursuant to N.J.S.A. 59:8-9. We consolidate the appeals for purposes of our decision and ... be permitted to file late notices of claim pursuant to N.J.S.A. 59:8-9. The Town, the Department, Beginnings, and McCoy filed cross-motions ... notice with the time required, "except as otherwise provided in [ N.J.S.A. ] 59:8-9." N.J.S.A. 59:8-8a. "Ordinarily, a cause ... allow them to file late notices of claim pursuant to N.J.S.A. 59:8-9. The statute provides: A claimant who fails to file notice ...

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

116 ESTATE OF FREDERICK M JOHNSON, JR. v. CITY OF NEWARK and COUNTY OF ESSEX -- rank: 611

... to file late notices of tort claim against them. See N.J.S.A. 59:8-9. We have consolidated these back-to-back appeals for the ... 59:8-8(a). As an exception to this rule, N.J.S.A. 59:8-9, provides: A claimant who fails to file notice of his ... Brown , 259 N.J. Super. 360 , 365 (Law Div. 1991)). N.J.S.A. 59:8-9 authorizes a court to exercise its discretion to permit a ...

docket:	a3619-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-25
status:	unpublished
citation:
Document Size:	29120

117 H.C. EQUITIES, LP v. COUNTY OF UNION, NEW JERSEY, -- rank: 611

... the public entity has not been substantially prejudiced. Ibid. (citing N.J.S.A. 59:8-9); see also O'Donnell v. N.J. Tpk. Auth., 236 ...

docket:	a2903-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-24
status:	Unpublished
citation:
Document Size:	29823

118 ESTATE OF FREDERICK M JOHNSON, JR. v. CITY OF NEWARK -- rank: 611

... to file late notices of tort claim against them. See N.J.S.A. 59:8-9. We have consolidated these back-to-back appeals for the ... 59:8-8(a). As an exception to this rule, N.J.S.A. 59:8-9, provides: A claimant who fails to file notice of his ... Brown , 259 N.J. Super. 360 , 365 (Law Div. 1991)). N.J.S.A. 59:8-9 authorizes a court to exercise its discretion to permit a ...

docket:	a3024-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-25
status:	unpublished
citation:
Document Size:	29850

119 JORGE MONTEAGUDO v. TOWN OF MORRISTOWN, et al. -- rank: 611

... plaintiffs leave to file late notices of claim pursuant to N.J.S.A. 59:8-9. We consolidate the appeals for purposes of our decision and ... be permitted to file late notices of claim pursuant to N.J.S.A. 59:8-9. The Town, the Department, Beginnings, and McCoy filed cross-motions ... notice with the time required, "except as otherwise provided in [ N.J.S.A. ] 59:8-9." N.J.S.A. 59:8-8a. "Ordinarily, a cause ... allow them to file late notices of claim pursuant to N.J.S.A. 59:8-9. The statute provides: A claimant who fails to file notice ...

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

120 COLLEEN BAUMAN, Individually et al. v. DAISY GWIN, et al. -- rank: 608

... to file a notice of a tort claim pursuant to N.J.S.A. 59:8-9 . . . shall . . . be deemed a final judgment of the court for appeal purposes" and may be appealed as of right. N.J.S.A. 59:8-9 deals with "claimant[s] who fail[] to file notice of ... notice of tort claim against a public entity pursuant to N.J.S.A. 59:8-9." Pressler, Current N.J. Court Rules , comment 1.1 on ... the Estate could file a late notice of claim under N.J.S.A. 59:8-9, thus, this appeal is not properly before us. The judge ... permitting the filing of a late notice of claim. See N.J.S.A. 59:8-9. Beyond that, we decline to accept this appeal on an ...

docket:	A1294-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-12
status:	unpublished
citation:
Document Size:	36257