Search Rutgers Law Library N.J. Court Opinions

151 KEN M. MCKOY v. JOHN THOMAS CAPO, M.D. -- rank: 577

... name appeared more than 200 times in plaintiff's chart. N.J.S.A. 59:8-9 grants the trial judge discretion to permit filing of late ... supported by affidavits based upon personal knowledge of the affiant . . . .' N.J.S.A. 59:8-9. The affidavit must set 'forth only facts which are admissible ...

docket:	a0827-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-24
status:	Unpublished
citation:
Document Size:	34294

152 RONALD A. NURSE v. THE ATLANTIC COUNTY GOVERNMENT -- rank: 575

... under Docket No. L-3678-07 as time barred under N.J.S.A. 59:8-9. We reverse. Plaintiff, appearing pro se, filed a complaint, Docket ... 3678-07, stating that the claim was time- barred by N.J.S.A. 59:8-9. However, the newly filed complaint was treated separately from the ... 3, 2008, stating that the complaint was time-barred under N.J.S.A. 59:8-9, and citing its previously issued order of November 7, 2008 ... the dismissal of the complaint for failure to comply with N.J.S.A. 59:8-9 for a variety of reasons. N.J.S.A. 59:8-9 provides that if a litigant fails to file a notice ...

docket:	a2272-08
court:	superior court appellate division
decided:	2010-01-13
status:	unpublished
citation:
Document Size:	30247

153 ANTHONY ZOIS VS NEW JERSEY SPORTS & EXPOSITION AUTHORITY -- rank: 575

... a late notice of claim under the Tort Claims Act, N.J.S.A. 59:8-9. On August 24, 1994 plaintiff fell in the Meadowlands Sports ... a late notice case, and is governed by the amended N.J.S.A. 59:8-9.      N.J.S.A. 59:8-9, as amended effective June 23, 1994, requires filing of a ... years from the time of the accrual of the claim.         [ N.J.S.A. 59:8-9 as amended by L. 1994, c. 49, § 5 (emphasis added ... 1995), which was governed by the pre-amendment version of N.J.S.A. 59:8-9. We there disagreed with the restrictive interpretation of the Act ...

docket:	a193-95
court:	njappellate
decided:	1996-01-25
status:	published published
citation:	<a href=
Document Size:	17359

154 SARAH WEINGARTNER, et al. v. TOWNSHIP OF DEPTFORD, OFFICER MICHAEL TAYLOR -- rank: 575

... beyond the ninety-day deadline set forth by statute. See N.J.S.A. 59:8-9. In arriving at his decision that plaintiff failed to establish ... 8. Filing a late notice of claim is permitted by N.J.S.A. 59:8-9, under the following circumstances: Application to the court for permission ... a late notice of claim within a reasonable time thereafter. [ N.J.S.A. 59:8-9.] What constitutes extraordinary circumstances is determined on a case-by ... reasonable time after the expiration of the ninety-day period. N.J.S.A. 59:8-9, the grant or denial of permission "within the one-year ...

docket:	a5914-05
court:	njappellate
decided:	2007-06-01
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	39168

155 KEVIN BLACK v. CITY OF JERSEY CITY -- rank: 569

... for leave to file a late notice of tort claim, N.J.S.A. 59:8-9, arguing extraordinary circumstances prevented him from pursuing a personal injury ... knee injury did not qualify as an 'extraordinary circumstance' under N.J.S.A. 59:8-9 to permit a late filing of A-1031-17T2 4 ... 8-8. In limited circumstances, relief can be afforded under N.J.S.A. 59:8-9, which allows a plaintiff to move for leave to file ... 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:	a1031-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Unpublished
citation:
Document Size:	13558

156 GEOFFREY JONES v. CITY OF JERSEY CITY -- rank: 569

... required by N.J.S.A. 59:8-8 and N.J.S.A. 59:8-9. The facts derived from the motion record are summarized as ... late notice of tort claim, but only under 'extraordinary circumstances.' N.J.S.A. 59:8-9. Specifically, the TCA grants the court 'discretion' to permit the ...

docket:	a2366-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	25937

157 GERALDINE TOSCANO v. TOWNSHIP OF CHERRY HILL -- rank: 569

... 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 ... whether the motion judge abused the discretion accorded him by N.J.S.A. 59:8-9 in denying leave to file a late notice. Lamb v ...

docket:	a5372-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-26
status:	unpublished
citation:
Document Size:	24402

158 SALVANELY NUNEZ v. RUTGERS UNIVERSITY MEDICAL SCHOOL -- rank: 564

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. We now reverse. The following facts are drawn from the ... for that injury.' Ben Elazar, 230 N.J. at 135. N.J.S.A. 59:8-9 governs late notices of claim: A claimant who fails to ... in addition to engaging in futile efforts at rehabilitation. Certainly, N.J.S.A. 59:8-9 'commits the authority to grant a plaintiff's motion for ...

docket:	a0779-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-24
status:	Unpublished
citation:
Document Size:	22198

159 WASHINGTON COMMONS, LLC. v. CITY OF JERSEY CITY -- rank: 559

... moved to file a notice of late claim pursuant to N.J.S.A. 59:8-9, the trial court properly denied the request as beyond the one-year time limitation, N.J.S.A. 59:8-9, and in any event, it was unsupported by any showing ...

docket:	a6560-06
court:	njappellate
decided:	2009-01-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38484

160 EdanBen Elazar v. Macrietta Cleaners, Inc. -- rank: 556

... claim within one year of the accrual of the claim. N.J.S.A. 59:8-9. However, failure to file within ninety days under normal conditions ... a motion to file a late notice of claim under N.J.S.A. 59:8-9. Ibid. The case thus involved the extraordinary-circumstances requirement for ...

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

161 JUDITH BARBER v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 556

... public entity or public employee has not been substantially prejudiced. N.J.S.A. 59:8-9. In order to justify a late filing, a claimant must ... that the State would not be prejudiced as a result. N.J.S.A. 59:8-9 (prior to 1994 amendment). The Tort Claims Act was amended ... that "sufficient reasons" for late filing must constitute "extraordinary circumstances." N.J.S.A. 59:8-9. There is no question that this change created a more ... motion to file a late notice of tort claim under N.J.S.A. 59:8-9, we use an abuse of discretion standard. See Lamb vs ...

docket:	a3303-12
court:	NJ Superior Court Appellate Division
decided:	2012-12-10
status:	unpublished
citation:
Document Size:	18663

162 LEROY SICKLER, JR v. OFFICE OF THE OCEAN COUNTY PROSECUTOR -- rank: 551

... a motion in the Law Division for leave pursuant to N.J.S.A. 59:8-9 to file a late notice of a claim against the ... extraordinary circumstances" for the relief he sought, as required by N.J.S.A. 59:8-9. That statute provides: A claimant who fails to file notice ... to determine what facts justify a late notice of claim. N.J.S.A. 59:8-9. "Although deference will ordinarily be given to the factual findings ...

docket:	a1879-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-16
status:	unpublished
citation:
Document Size:	20449

163 CELESTINA COCCA v. NEW JERSEY TRANSIT CORP -- rank: 551

... the trial court for leave to file a late NOC. N.J.S.A. 59:8-9. To succeed on such motion, the claimant must demonstrate that ...

docket:	a2883-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-20
status:	unpublished
citation:
Document Size:	51832

164 O.R. v. RICK CAVE -- rank: 551

... so long as the public entity is not "substantially prejudiced." N.J.S.A. 59:8-9. It is undisputed the District is a public entity covered ... complaint was dismissed on summary judgment to seek relief under N.J.S.A. 59:8-9. Under the circumstances, the trial court acted well within its ...

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

165 NADINE HELLER v. MIDDLESEX COUNTY COLLEGE -- rank: 551

... public entity or public employees have not been substantially prejudiced. N.J.S.A. 59:8-9. Plaintiff claims that she substantially complied with the tort claim ...

docket:	a4179-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-29
status:	Unpublished
citation:
Document Size:	56534