Search Rutgers Law Library N.J. Court Opinions

16 IN THE MATTER OF MARIE COGNAT -- rank: 805

... Cognat, to file a late notice of claim pursuant to N.J.S.A. 59:8-9, a provision of the Tort Claims Act (TCA), N.J ... for leave to file a late notice of claim. See N.J.S.A. 59:8-9. Manzo was of the opinion that without Marie's medical ... had filed a late notice of claim, moved pursuant to N.J.S.A. 59:8-9 for leave to file a late notice of claim dated ... of accrual of the claim except as otherwise provided in [ N.J.S.A.] 59:8-9 . . . . [N.J.S.A. 59:8-8.] N.J.S.A. 59:8-9 provides that [a] claimant who fails to file notice of ... decide whether extraordinary circumstances exist justifying a late notice' under N.J.S.A. 59:8-9.' Ibid. (quoting Beauchamp, 164 N.J. at 118-19). ' ...

docket:	a2018-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:	Unpublished
citation:
Document Size:	35394

17 BETTY HOFF v. TOWNSHIP OF MILLTOWN -- rank: 787

... 19, 2010 and May 28, 2010 denying her leave under N.J.S.A. 59:8-9 to serve a late tort claims notice upon various public ... time to serve tort claims notices, alleging extraordinary circumstances under N.J.S.A. 59:8-9. Still unsure of the ownership of the wooded property, plaintiff ... oral argument and asserting that she met the criteria of N.J.S.A. 59:8-9. After hearing oral argument on plaintiff's renewed application, the ... ruling on May 28, 2010, once again denying relief under N.J.S.A. 59:8-9. Among other things, the judge determined that no extraordinary circumstances ... appeal, plaintiff argues that she has met the requirements of N.J.S.A. 59:8-9, and that the trial court abused its discretion in finding ... the statute. Moreover, plaintiff argues that the second element of N.J.S.A. 59:8-9 is met, i.e., that the school defendants would ...

docket:	a5460-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-02
status:	unpublished
citation:
Document Size:	29290

18 IN THE MATTER OF LEAVE TO FILE A LATE NOTICE OF CLAIM PURSUANT TO THE NEW JERSEY TORT CLAIMS ACT ON BEHALF OF LUIS LOPEZ -- rank: 784

... s ninety-day requirement, however, is in part alleviated by N.J.S.A. 59:8-9, Rogers, 208 N.J. at 420-21, which 'permits a ... claimant demonstrates 'extraordinary circumstances exist justifying a late notice' under N.J.S.A. 59:8-9. Id. at 118- 19. We summarize the principles applicable to ... against the public entity or employee may be filed. See N.J.S.A. 59:8-9 (providing claimants who fail to file a timely notice of ... 464 N.J. Super. 409, 417 (App. Div. 2020) (quoting N.J.S.A. 59:8-9). Leave to file a late notice of claim, however, may ... public employee has not been substantially prejudiced thereby.' Ibid. (quoting N.J.S.A. 59:8-9). A-0465-20 10 Whether a claimant establishes extraordinary circumstances ... not permitted where the public entity will be substantially prejudiced. N.J.S.A. 59:8-9. However, 'it is the public entity that has the ...

docket:	a0465-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-12
status:	Unpublished
citation:
Document Size:	36734

19 ESTATE OF KATHERINE PERRY v. APOORVA A. SINHA -- rank: 784

... accrual date; and, alternatively, (2) Perry demonstrated extraordinary circumstances under N.J.S.A. 59:8-9, thereby granting Perry's motion to serve a late NOC ... demonstrated extraordinary circumstances to excuse the late NOC 3 See N.J.S.A. 59:8-9 (prescribing an outer time limit of 'one year after accrual ... time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9 . . . shall . . . be deemed a final judgment of the court for ... s ninety-day requirement, however, is in part alleviated by N.J.S.A. 59:8-9, which 'permits a court to allow a plaintiff to file ... the motion judge erroneously concluded plaintiff established extraordinary circumstances under N.J.S.A. 59:8-9 for service of the late NOC. Again, our review is ... by the sparse motion record. A-1757-19 12 Under N.J.S.A. 59:8-9, a claimant can file a motion to submit a ...

docket:	a1757-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-20
status:	Unpublished
citation:
Document Size:	28250

20 ROY ISOLA v. NEW JERSEY DEPARTMENT OF CORRECTIONS and WILLIE BONDS, MS. ROUNDTREE and MR. ROMANO -- rank: 784

... his request did not establish the extraordinary circumstances required under N.J.S.A. 59:8-9 to allow a late filing of the notice. I. Plaintiff ... authenticates material that is otherwise admissible' (citation omitted)); see also N.J.S.A. 59:8-9 (requiring that applications for leave to file a late notice ... J. Tpk. Auth., 236 N.J. 335, 344 (2019) (noting N.J.S.A. 59:8-9 leaves the determination of whether a late notice may be ... of tort claim, but only under the circumstances prescribed in N.J.S.A. 59:8-9. The statute provides that '[a] claimant who fails to file ... public entity or employee 'has not been substantially prejudiced thereby.' N.J.S.A. 59:8-9. A motion for leave to file a late notice of ... a late notice of claim within a reasonable time thereafter.' N.J.S.A. 59:8-9. The TCA places the burden on the plaintiff to ...

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

21 JACK TROCKI DEVELOPMENT CO., LLC v. CITY OF NORTHFIELD -- rank: 777

... time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9, whether entered in the cause or by a separate action ... issue are N.J.S.A. 59:8-8 and N.J.S.A. 59:8-9. The former provision prescribes, in relevant part, that: A claim ... S.A. 59:8-8 (emphasis added).] The companion provision, N.J.S.A. 59:8-9, offers an avenue for relief for a plaintiff that fails ... itself of the option, this so-called "savings" provision in N.J.S.A. 59:8-9 reinforces the importance of the concept of "accrual" and also ... years from the time of the accrual of the claim . [ N.J.S.A. 59:8-9 (emphasis added).] 8 In N.J.S.A. 59:8 ...

docket:	a0230-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	51477

22 NAILAH TAYLOR v. TOWN OF MORRISTOWN -- rank: 771

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9.' MHA also argued plaintiff failed to file A-2725-22 ... 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. A failure to investigate 'when the identity of the correct ... the delay.' H.C. Equities, 247 N.J. at 370; N.J.S.A. 59:8-9. 'After the expiration of that one-year period to file ... years from the time of the accrual of the claim.' N.J.S.A. 59:8-9. A-2725-22 11 The TCA defines accrual 'in accordance ... within one year of September 11, 2020, as required by N.J.S.A. 59:8-9. Indeed, she did not file her initial complaint in ...

docket:	a2725-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-04
status:	Unpublished
citation:
Document Size:	32893

23 Estate of ALHAM BARAKAT v. ROOSEVELT CARE CENTER AT EDISON -- rank: 769

... Barakat, to file a late notice of claim pursuant to N.J.S.A. 59:8-9, a provision of the Tort Claims Act (TCA), N.J ... 26, 2021, Morad moved in the trial court pursuant to N.J.S.A. 59:8-9 for leave to file a late notice of claim. In ... and the plaintiff's tardiness, as is otherwise required under N.J.S.A. 59:8-9.' Finally, the court held that because of the added authority ... of accrual of the claim except as otherwise provided in [ N.J.S.A.] 59:8-9 . . . . [N.J.S.A. 59:8-8.] N.J.S.A. 59:8-9 provides that [a] claimant who fails to file notice of ... decide whether extraordinary circumstances exist justifying a late notice' under N.J.S.A. 59:8-9.' Ibid. (quoting Beauchamp, 164 N.J. at 118-19). ' ...

docket:	a0033-21
court:	NJ Superior Court Appellate Division
decided:	2022-07-29
status:	Unpublished
citation:
Document Size:	34707

24 /usr/local/share/www/libweb/collections/courts/appellate/a1488-19.opn.html -- rank: 761

... one-year period for a late claim notice pursuant to N.J.S.A. 59:8-9 had already expired by the time Ginsberg entered the case ... decide whether extraordinary circumstances exist justifying a late notice' under N.J.S.A. 59:8-9. Beauchamp, 164 N.J. at 118-19. Applying that analysis ... within 90 days of accrual except as otherwise provided in N.J.S.[A.] 59:8-9.' N.J.S.A. 59:8-8(a). N.J.S.A. 59:8-9, is 'the savings provision' of the Act, which can alleviate ... 8.' Margolis and Novack, Claims Against Public Entities cmt. to N.J.S.A. 59:8-9 (2020). N.J.S.A. 59:8-9 provides in A-1488-19T1 10 pertinent part that '[ ...

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25 TERESA A. OHLWEILER V. TOWNSHIP OF CHATHAM -- rank: 761

... leave to file a late notice of tort claim under N.J.S.A. 59:8-9. Defendant argues that plaintiff failed to show "sufficient reasons constituting extraordinary circumstances" under N.J.S.A. 59:8-9 for not filing a notice within 90 days of her ... for permission to file a late notice of claim under N.J.S.A. 59:8-9.     The motion was argued on August l0, l995. The following ... plaintiff did not show "sufficient reasons constituting extraordinary circumstances" under N.J.S.A. 59:8-9 for her failure to file a timely notice of claim.     Prior to June 23, l994, N.J.S.A. 59:8-9 granted a court discretion to extend the time for filing ... of discretion has not been affected under the amendment to N.J.S.A. 59:8-9 of June 23, l994. That section now reads:      A ...

docket:	a370-95
court:	njappellate
decided:	1996-05-17
status:	published
citation:	290 N.J.Super. 399
Document Size:	22113

26 JASON BOUGH v. BEGINNINGS COUNSELING & REFERRAL SERVICES -- rank: 759

... in applying a ninety-day notice requirement not found in N.J.S.A. 59:8-9." Actions against public entities, agencies or employees are governed by ... 319 N.J. Super. 671 , 675-76 (App. Div. 1999). N.J.S.A. 59:8-9 provides for a late notice of claim: A claimant who ... to file a late notice of claim as required by N.J.S.A. 59:8-9. That motion was finally filed in August 2006. N.J.S.A. 59:8-9 allows for a late notice of claim upon a showing ... of claim until one year after that date pursuant to N.J.S.A. 59:8-9. In his brief, plaintiff's counsel argues: In the companion ... his notice of late claims subject to the requirement of N.J.S.A. 59:8-9. First, each of the plaintiffs in the companion cases ...

docket:	a0294-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-19
status:	unpublished
citation:
Document Size:	45049

27 BRIAN KRUZEL v. CITY OF NEWARK -- rank: 759

... a late notice of claim within a reasonable time thereafter[.] [ N.J.S.A. 59:8-9 (emphasis added).] 'By its terms, the statute commits the authority ... 3 (2017) (citation omitted) (quoting 5 A-5231-15T 2 N.J.S.A. 59:8-9). Indeed, the extraordinary circumstances prong of N.J.S.A. 59:8-9 'requires the trial court to conduct a fact- sensitive analysis ... time prescribed by section 59:8-8 of this act[.]' N.J.S.A. 59:8-9. The Supreme Court has emphasized that '[t]he Legislature has ... City was the owner, and 3 The original text of N.J.S.A. 59:8-9 stated that 'mere 'sufficient reasons' sufficed to warrant relief from ... found plaintiff had not shown 'extraordinary circumstances' as required by N.J.S.A. 59:8-9. We agree. First, the TCA requires that the motion ...

docket:	a5231-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-19
status:	unpublished
citation:
Document Size:	67668

28 /usr/local/share/www/libweb/collections/courts/appellate/a0868-19.opn.html -- rank: 746

... file a late notice of tort claim in accordance with N.J.S.A. 59:8-9. The NJTA filed a cross-motion to dismiss the complaint ... to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9. In its statement of reasons, however, the court found in ... the late filing of the notice of tort claim under N.J.S.A. 59:8-9. As we explain, we do not address plaintiff's alternative ... finding plaintiff demonstrated exceptional circumstances permitting a late filing under N.J.S.A. 59:8-9, because we are convinced the court correctly determined plaintiff's ... 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 ... late notice of tort claim under the standard provided in N.J.S.A. 59:8-9. Affirmed. constituted proper, and therefore timely, service on the ...

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29 RICHARD LEIDY v. COUNTY OF OCEAN -- rank: 740

... to file a late Notice of Tort Claim pursuant to N.J.S.A. 59:8-9. For the following reasons, we reverse. The salient facts are ... 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)). To justify his late filing in this case, plaintiff ... Id. at 537. In disallowing the plaintiff's claims under N.J.S.A. 59:8-9, we held: the police report of the accident states ...

docket:	a4127-06
court:	njappellate
decided:	2008-02-28
status:	published
citation:	398 N.J.Super. 449
Document Size:	54317

30 Lynne Beauchamp v. Frank J. Amedio et al. -- rank: 740

... years from the time of the accrual of the claim. [ N.J.S.A. 59:8-9]. The phrase “extraordinary circumstances” was added to the statute in ... motion to file a late notice of claim pursuant to N.J.S.A. 59:8-9, and the trial court, finding that exceptional circumstances had been ...

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