Search Rutgers Law Library N.J. Court Opinions

166 GREGORY PRESSLEY v. LUKE V. MANGARO -- rank: 551

... permission to file a late claim notice, although pursuant to N.J.S.A. 59:8-9 , he had one year from the date of the accident ... on N.J.S.A. 59:8-8 and on N.J.S.A. 59-8-9, the judge concluded that after the one-year period expired ... was excusable under the extraordinary circumstances standard set forth in N.J.S.A. 59:8-9, plaintiff still needed to file a motion for leave to ...

docket:	a4496-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	unpublished
citation:
Document Size:	20444

167 Estate of ELIJAH RODRIGUEZ v. KIWANIS AMBULANCE SERVICE OF BOONTON, INC -- rank: 549

... did not provide sufficient reasons to prove extraordinary circumstances. See N.J.S.A. 59:8-9 (permitting claimant to file a late notice of claim upon ... A-3669-19 3 pursuant to the Tort Claims Act, N.J.S.A. 59:8-9, plaintiff was 'required to file a motion . . . seeking approval to ... warrant the filing of a late notice of claim under N.J.S.A. 59:8- 9. II. We will not disturb denial of a motion for ... specifically, that plaintiff did not demonstrate extraordinary circumstances pursuant to N.J.S.A. 59:8-9. At the reconsideration hearing, Boonton merely sought permission to file ...

docket:	a3669-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-19
status:	Unpublished
citation:
Document Size:	13794

168 JOAN E. WALKER v. JEFFRIES TOWERS -- rank: 549

... for the failure to timely file a notice of claim. N.J.S.A. 59:8-9. The doctrine of substantial compliance is an alternative to the ...

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status:	unpublished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

169 CHARLES CICALA v. CITY OF BRIGANTINE COUNTY OF ATLANTIC, STATE OF NEW JERSEY -- rank: 549

... for leave to file late notices of claim pursuant to N.J.S.A. 59:8-9. The motion was granted on April 18, 2011. The motion ... of his claim. N.J.S.A. 59:8-8. N.J.S.A. 59:8-9 provides limited relief from the time restrictions of N.J ...

docket:	a4545-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-24
status:	unpublished
citation:
Document Size:	14052

170 MICHAEL J. KELSEY v. TOWNSHIP OF EAST HANOVER, NJ -- rank: 549

... claim fatally noncompliant with the one- year deadline imposed under N.J.S.A. 59:8-9. The Township renews this contention on appeal. Because we affirm ... 1976)). The TCA permits late filing only under limited circumstances. N.J.S.A. 59:8-9 provides that: A claimant who fails to file notice of ...

docket:	a4859-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-21
status:	Unpublished
citation:
Document Size:	23673

171 CHARLES CICALA v. CITY OF BRIGANTINE -- rank: 549

... for leave to file late notices of claim pursuant to N.J.S.A. 59:8-9. The motion was granted on April 18, 2011. The motion ... of his claim. N.J.S.A. 59:8-8. N.J.S.A. 59:8-9 provides limited relief from the time restrictions of N.J ...

docket:	a4652-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-24
status:	unpublished
citation:
Document Size:	14011

172 MARY DiNARDO v. THE CITY OF JERSEY CITY -- rank: 546

... to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9. She certified that following her husband's death she was ... circumstances" warranted the late filing of her claim notice under N.J.S.A. 59:8-9, which provides in pertinent part: A claimant who fails to ... address the issue of whether defendant had been "substantially prejudiced." N.J.S.A. 59:8-9. On appeal, plaintiff contends that the judge abused his discretion ... A). We add only the following brief comments. Pursuant to N.J.S.A. 59:8-9, the decision whether to grant a motion to file a ...

docket:	a0781-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-10
status:	unpublished
citation:
Document Size:	23060

173 BEZR HOMES, L.L.C v. TOWNSHIP OF EAST GREENWICH -- rank: 546

... years from the time of the accrual of the claim." N.J.S.A. 59:8-9. Plaintiff does not dispute that its complaint was filed more ...

docket:	a0256-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	31403

174 JOHN ROGERS v. CAPE MAY COUNTY OFFICE OF THE PUBLIC DEFENDER -- rank: 544

... accrual of his claim except as otherwise provided in section [ N.J.S.A. ] 59:8-9[.] Notice is not a procedural nicety or technicality. The Supreme ... motion and supporting affidavit showing "sufficient reasons constituting extraordinary circumstances." N.J.S.A. 59:8-9. In such an instance, a trial court has the discretion ... and his motion within the one-year limitations period of N.J.S.A. 59:8-9. Defendant counters asserting the October 23, 2007 reversal of plaintiff ... Accordingly, he was required to file a notice pursuant to N.J.S.A. 59:8-9 within ninety days. Here, Rogers not only failed to file ...

docket:	a0630-09
court:	superior court appellate division
decided:	2010-09-15
status:	unpublished
citation:
Document Size:	18887

175 ESTATE OF JENIFER S. TOWLE v. HUDSON COUNTY -- rank: 544

... a late notice of tort claim against defendant pursuant to N.J.S.A. 59:8-9. One of Towle's sons certified that when he received ... argues defendant's 'information blackout' 'undoubtably constitutes extraordinary circumstances under N.J.S.A. 59:8-9.' It contends the A-1434-18T4 5 Supreme Court's ... J. at 350. Plaintiff argues the motion judge erroneously interpreted N.J.S.A. 59:8-9 to require 'show[ing] extraordinary circumstances at all time[s ... accrual. We do not reach plaintiff's arguments pursuant to N.J.S.A. 59:8-9 because the issue before us is the statutory interpretation of ...

docket:	a1434-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	12044

176 NATALYA A. STAROSTENKO v. THOMAS H. GODFREY -- rank: 544

... to file a late Notice of Tort Claim pursuant to N.J.S.A. 59:8-9. For the reasons that follow, we reverse. On October 30 ... years from the time of the accrual of the claim. [ N.J.S.A. 59:8-9.] Prior to the amendment of the statute in 1994, the ... occurred precluded plaintiff from establishing the extraordinary circumstances required by N.J.S.A. 59:8-9 for the service of a late notice of claim); see ...

docket:	a5342-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	15463

177 RAMAPO BRAE CONDOMINIUM ASSOCIATION, INC. et al. v. BERGEN COUNTY HOUSING AUTHORITY et al. -- rank: 544

... claim, filed pursuant to leave granted on March 31, 1992, N.J.S.A. 59:8-9, specified that its claim arose on March 31, 1991. (Plaintiffs ...

docket:	a1962-98
court:	njappellate
decided:	2000-03-01
status:	published
citation:	328 N.J.Super. 561
Document Size:	60634

178 MARY GRIFFITH v. SOUTH JERSEY TRANSPORTATION AUTHORITY -- rank: 544

... late notices of claim against SJTA and the State under N.J.S.A. 59:8-9. In her affidavit supporting the motion, plaintiff asserted she was ... an oral opinion, reasoned that plaintiff demonstrated exceptional circumstances under N.J.S.A. 59:8-9 justifying the late filing of the notices. The court relied ... that the public entity . . . has not been substantially prejudiced thereby." N.J.S.A. 59:8-9. The motion must be "supported by affidavits based upon personal ... not be "substantially prejudiced" by the granting of the application. N.J.S.A. 59:8-9; see also Escalante , supra , 283 N.J. Super. at 249 ...

docket:	a1285-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-26
status:	unpublished
citation:
Document Size:	23916

179 R.R v. A.Y. and RUTGERS THE STATE UNIVERSITY OF NEW JERSEY -- rank: 544

... permission to file a late claim notice although, pursuant to N.J.S.A. 59:8-9, she had one year in which to do so after ...

docket:	a1308-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	44849

180 RITA GILMARTIN v. PATROLMAN JASON KREIG PEMBERTON TOWNSHIP BURLINGTON COUNTY -- rank: 544

... of accrual of his claim except as otherwise provided in N.J.S.A. 59:8-9 . . . . Plaintiff filed her motion for leave to file a late ... extraordinary circumstances" for the relief she sought, as required by N.J.S.A. 59:8-9. That statute provides: A claimant who fails to file notice ... years from the time of the accrual of the claim. [ N.J.S.A. 59:8-9.] The statute expressly grants the Law Division discretion 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:	a1831-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-07
status:	unpublished
citation:
Document Size:	17787