Search Rutgers Law Library N.J. Court Opinions

121 LAVONNE JOHNSON v. EAST ORANGE POLICE DEPARTMENT -- rank: 606

... or the public employee has not been substantially prejudiced thereby." N.J.S.A. 59:8-9. The claimant must establish "sufficient reasons constituting extraordinary circumstance for ... plaintiff were permitted to file notices of claim against them. N.J.S.A. 59:8-9. Accordingly, we conclude that the trial court erred by denying ...

docket:	a1793-09
court:	NJ Superior Court Appellate Division
decided:	2010-11-09
status:	unpublished
citation:
Document Size:	22259

122 R.L. v. STATE-OPERATED SCHOOL DISTRICT CITY OF NEWARK -- rank: 606

... days after the accrual of his cause of action. See N.J.S.A. 59:8-9. The trial court granted that motion, and this court granted ... not misapply the statutory criteria or otherwise abuse her discretion. N.J.S.A. 59:8-9.     R.L.'s certification in support of his motion provided ... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. The District argued that R.L.'s claims accrued on ... the diagnosis amounted to extraordinary circumstances within the meaning of N.J.S.A. 59:8-9. The judge concluded that there was no substantial prejudice to ... within one year and "reasonable time" of the due date. N.J.S.A. 59:8-9. That discretion is limited to cases in which the claimant ...

docket:	A2086-05
court:	NJ Superior Court Appellate Division
decided:	2006-08-14
status:	published
citation:
Document Size:	22987

123 MICHAEL MCDADE v. RODOLFO SIAZON -- rank: 606

... within ninety days of the accrual date, as required by N.J.S.A. 59:8-9. The TCA provides that an action may not be brought ... days after the accident, he filed a motion pursuant to N.J.S.A. 59:8-9 for leave to file a late notice of claim on ... for the filing of a late notice of claim under N.J.S.A. 59:8-9, the court's reasoning also applies in determining whether the ... within ninety days of the accrual date, as required by N.J.S.A. 59:8-9, they are barred from pursuing their claims against the MUA ...

docket:	a4407-08
court:	superior court appellate division
decided:	2009-12-08
status:	Unpublished
citation:
Document Size:	40959

124 ESTATE OF MICAH SAMUEL TENNANT DUNMORE v. PLEASANTVILLE BOARD OF EDUCATION -- rank: 603

... claim against the City of Pleasantville and the Board under N.J.S.A. 59:8-9. The notice sent in February was only emailed to the ...

docket:	a4314-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-20
status:	Published
citation:
Document Size:	25199

125 T.A., v. ERICK MELGAR, -- rank: 603

... A-3730-16T2 entity . . . has not been substantially prejudiced thereby.' N.J.S.A. 59:8-9. The motion must be 'supported by affidavits based upon personal ... for [the] failure to file [a timely] notice of claim.' N.J.S.A. 59:8-9; D.D. v. Univ. of Med. and Dentistry of N ... discretion].' Accordingly, plaintiffs failed to satisfy the strict mandates of N.J.S.A. 59:8-9. Having fully considered plaintiffs' claims in light of the applicable ...

docket:	a3730-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-19
status:
citation:
Document Size:	34348

126 FRED RAY v. CITY OF BRIGANTINE -- rank: 601

... days from the date of accrual, as set forth in N.J.S.A. 59:8-9. After defendants successfully moved for summary judgment based on plaintiffs ... claim neither preceded nor followed plaintiffs' notice, as required by N.J.S.A. 59:8-9. On March 31, 2011, plaintiffs filed a complaint seeking damages ... one-year period for filing a late claim pursuant to N.J.S.A. 59:8-9. Plaintiffs then moved for reconsideration, arguing for the first time ... notice of claim, but only by order of the court. N.J.S.A. 59:8-9. The motion to file a late notice of claim must ... to file a late notice of claim as permitted by N.J.S.A. 59:8-9. However, even if they had, their filing was still not ...

docket:	a4664-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-02-07
status:	Published
citation:
Document Size:	28450

127 MAJESTIC CONTRACTING LLC v. QUICK TITLE SEARCH LLC -- rank: 598

... for leave to file notice of late claim pursuant to N.J.S.A. 59:8-9. We reverse. We derive the following facts from the record ... leave to file a notice of late claim pursuant to N.J.S.A. 59:8-9. Invoking the discovery rule, Majestic argued it was not aware ... the Clerk and that Majestic showed no extraordinary circumstances under N.J.S.A. 59:8-9 for failing to timely file a notice of claim. In ... requirements. N.J.S.A. 59:8-8(a). However, N.J.S.A. 59:8-9 alleviates the harshness of the ninety-day requirement by authorizing ... and there is no substantial prejudice to the public entity. N.J.S.A. 59:8-9; see also D.D. , supra , 213 N.J. at 147 ...

docket:	a2629-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-26
status:	unpublished
citation:
Document Size:	19192

128 ESTATE OF KEOTEPIE KHIEV v. SOUTH JERSEY TRANSPORTATION AUTHORITY -- rank: 598

... of [the] claim.' McDade, 208 N.J. at 476 (quoting N.J.S.A. 59:8-9). The trial court may grant the motion if there are ... entity [is not] 'substantially prejudiced' thereby.' Id. at 477 (quoting N.J.S.A. 59:8-9). Determining 'extraordinary circumstances' and 'substantial prejudice' requires a 'trial court ...

docket:	a0620-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-14
status:	Unpublished
citation:
Document Size:	29700

129 CYNTHIA FRAZIER v. NEW JERSEY TRANSIT CORPORATION, DEPARTMENT OF TREASURY, DIVISION OF RISK MANAGEMENT -- rank: 598

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. The facts submitted on the motion record are undisputed. We ... reconsideration. On the order granting the motion, the court handwrote: ' N.J.S.A. 59:8-9 allows for late filing of notice of claim.' The appellate ... claim, provided the public entity 'has not been substantially prejudiced.' N.J.S.A. 59:8-9. Application to the court for permission to file a late ... time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9.' R. 2:2- 3(a)(3). In addition, the trial ...

docket:	a1554-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-31
status:	Unpublished
citation:
Document Size:	17236

130 TIFFANI MABRY v. WEST WINDSOR TOWNSHIP -- rank: 598

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. The motion was supported by plaintiff's affidavit and by ... notice of claim within the first ninety days of accrual. N.J.S.A. 59:8-9. That statute provides in pertinent part: A claimant who fails ... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. The trial court granted the motion. Id. at 151. We ...

docket:	a4625-08
court:	NJ Superior Court Appellate Division
decided:	2010-01-12
status:	unpublished
citation:
Document Size:	19910

131 MARIE BARNES v. EAST ORANGE BOARD OF EDUCATION -- rank: 595

... §§ 59:1-1 to 59:13-10 (TCA). N.J.S.A. 59:8-9. This application was granted on May 14, 2010, before defendant ... was paying medical bills, etc. provide a sufficient basis under N.J.S.A. 59:8-9. No prejudice to public entity - extraordinary circumstances. Plaintiff entered default ... permission to file a late notice of claim pursuant to N.J.S.A. 59:8-9. We then reinstated the appeal and consolidated it with the earlier docket. N.J.S.A. 59:8-9 provides:   A claimant who fails to file notice of his ... permitting the filing of a late notice of claim under N.J.S.A. 59:8-9. [citations and quotation marks omitted.] The lack of oral argument ...

docket:	a2609-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-22
status:	unpublished
citation:
Document Size:	19239

132 Moon v. Warren Haven Nursing Home -- rank: 595

... leave to file a late notice of claim, pursuant to N.J.S.A. 59:8-9. The trial court determined that extraordinary circumstances existed and that ... the trial court to file a late notice of claim. N.J.S.A. 59:8-9. This request must be made within one year of the ...

docket:	a-23-04
court:	njsupreme
decided:	2005-03-08
status:
citation:	182 N.J. 507
Document Size:	44895

133 of any opinion may not have been summarized). Lyudmila Blank v. City of Elizabeth, et als. -- rank: 595

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9.     In his certification in support of his motion, counsel asserted ... nor counsel's failure to investigate comprise 'extraordinary circumstances' under N.J.S.A. 59:8-9.”     The appeal was before the Supreme Court as of right ... S.A. 59:8-8, her counsel moved pursuant to N.J.S.A. 59:8-9 for leave to file a late notice of claim. The ... nor counsel's failure to investigate comprise 'extraordinary circumstances' under N.J.S.A. 59:8-9.” Id. at 120 (Kleiner, J., dissenting). I     The underlying facts ... motion for leave to file a late claim pursuant to N.J.S.A. 59:8-9 was filed less than a month later.             In his certification ...

docket:	a-88-98
court:	njsupreme
decided:	1999-12-15
status:
citation:	162 N.J. 150
Document Size:	20849

134 MARIE BARNES v. EAST ORANGE BOARD OF EDUCATION -- rank: 595

... §§ 59:1-1 to 59:13-10 (TCA). N.J.S.A. 59:8-9. This application was granted on May 14, 2010, before defendant ... was paying medical bills, etc. provide a sufficient basis under N.J.S.A. 59:8-9. No prejudice to public entity - extraordinary circumstances. Plaintiff entered default ... permission to file a late notice of claim pursuant to N.J.S.A. 59:8-9. We then reinstated the appeal and consolidated it with the earlier docket. N.J.S.A. 59:8-9 provides:   A claimant who fails to file notice of his ... permitting the filing of a late notice of claim under N.J.S.A. 59:8-9. [citations and quotation marks omitted.] The lack of oral argument ...

docket:	a1976-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-22
status:	unpublished
citation:
Document Size:	19239

135 MARIANNE MURPHY v. CHARLES F. SHAW, III ESQ -- rank: 593

... from a court to serve a late notice pursuant to N.J.S.A. 59:8-9. On appeal plaintiff argues the court erred because it found ... without ever filing a motion for leave to do so, N.J.S.A. 59:8-9. According to plaintiff, the motion was not filed because she ... notice of claim, but only by order of the court. N.J.S.A. 59:8-9. The motion to file a late notice of claim must ...

docket:	a0906-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-30
status:	unpublished
citation:
Document Size:	46865