Search Rutgers Law Library N.J. Court Opinions

31 DESMOND AND KRISTINA NEWBERRY V. TOWNSHIP OF PEMBERTON -- rank: 735

... to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9. See footnote 1 We affirm, not for the reasons relied ... was unattended by any extraordinary circumstances within the intendment of N.J.S.A. 59:8-9.     The facts are not in substantial dispute. On June 8 ... form were acceptable. Plaintiffs then filed these motions pursuant to N.J.S.A. 59:8-9 in January 1998 seeking leave to file a late notice ... the action unless that time period were extended pursuant to N.J.S.A. 59:8-9. If, however, the adopted form is construed as supplemental, a ... the motions for leave to file a late notice under N.J.S.A. 59:8-9, we need merely reiterate that as a result of the ...

docket:	a5008-97
court:	njappellate
decided:	1999-04-07
status:	published
citation:	319 N.J.Super. 671
Document Size:	28203

32 MARIA HERNANDEZ v. SNYDER HIGH SCHOOL -- rank: 735

... a late notice of claim was not filed pursuant to N.J.S.A. 59:8-9. Citing N.J.S.A. 18A:10-1 and Otchy ... to file a late notice of claim as authorized by N.J.S.A. 59:8-9. Plaintiff also argues her handwritten note, delivered to Snyder High ... notice of claim outside of the one-year window of N.J.S.A. 59:8-9, even if there is a lack of prejudice to the ... of accrual of the claim except as otherwise provided in N.J.S.A. 59:8-9[.]' N.J.S.A. 59:8-8(a) (emphasis added ... passed and a plaintiff has not utilized the procedure under N.J.S.A. 59:8-9 to obtain an extension of that period up to one ... entity, in the absence of prior court approval pursuant to N.J.S.A. 59:8-9, has been deemed a nullity. Rogers v. Cape May ...

docket:	a1311-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-24
status:	unpublished
citation:
Document Size:	44708

33 ALMA OVERSTREET v. GINA ANDERSON, M.D. -- rank: 735

... she asserted that she satisfied the "extraordinary circumstances" requirement of N.J.S.A. 59:8-9 and should be permitted to file a late notice of ... were not sufficient to satisfy the "extraordinary circumstances" requirement of N.J.S.A. 59:8-9, and denied plaintiff's motion to file a late notice ... 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 ... of "extraordinary circumstances" have been far fewer. Some have found N.J.S.A. 59:8-9 to be satisfied where the defendants, either unintentionally or ...

docket:	a4067-08
court:	superior court appellate division
decided:	2010-04-23
status:	Unpublished
citation:
Document Size:	77769

34 ESTATE OF PATRICK MAYES v. STATE OF NEW JERSEY -- rank: 735

... to file a late notice of tort claim required under N.J.S.A. 59:8-9. 1 Citing McDade v. Siazon , 208 N.J. 463 (2011 ... McDade and consequently failing to apply the standard established in N.J.S.A. 59:8-9 for determining whether plaintiff is entitled to file a late ... prescribed by [ N.J.S.A. ] 59:8-8[.]" See N.J.S.A. 59:8-9. After reviewing the record developed before the Law Division, we ... information required under N.J.S.A. 59:8-4. N.J.S.A. 59:8-9 describes the standard the trial court must apply in deciding ... window required by N.J.S.A. 59:8-8. N.J.S.A. 59:8-9 provides: A claimant who fails to file notice of his ... not constitute "extraordinary circumstances" to warrant the relief afforded under N.J.S.A. 59:8-9. As was the case in D.D. , this case ...

docket:	a3877-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-13
status:	published
citation:
Document Size:	30794

35 S.P. V. COLLIER HIGH SCHOOL, ET ALS -- rank: 733

... until plaintiff's eighteenth birthday on September 7, 1994. See N.J.S.A. 59:8-9 grants the court discretion to permit a claimant, who failed ... a late notice of claim within a reasonable time thereafter.         [ N.J.S.A. 59:8-9 (emphasis added).] See footnote 5     Plaintiff clearly failed to meet the requirements of N.J.S.A. 59:8-9. She submitted no affidavit based upon personal knowledge that showed ... notice of claim within" ninety days of her eighteenth birthday. N.J.S.A. 59:8-9 does not define "extraordinary circumstances," and "[w]hether such circumstances ...

docket:	a6590-96
court:	njappellate
decided:	1999-03-11
status:	published
citation:	319 N.J.Super. 452
Document Size:	49452

36 MARK WAGENHOFFER v. STATE OF NEW JERSEY -- rank: 730

... motion to file a late notice of claim pursuant to N.J.S.A. 59:8-9 and an order entered denying his motion for reconsideration. We ... leave to file a late tort claim in accordance with N.J.S.A. 59:8-9 and that he has shown that he did not procrastinate ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-9 provides that a claimant who fails to file notice of ... days prescribed by N.J.S.A. 59:8-8. N.J.S.A. 59:8-9. The Supreme Court has recently outlined the history of this ... that the State would not be prejudiced as a result. N.J.S.A. 59:8-9 (Comment). The Legislature enacted a more demanding standard when the ... the "sufficient reasons" for late filing must constitute "extraordinary circumstances." N.J.S.A. 59:8-9, as amended by L. 1994, c . 49 § 5. ...

docket:	A0216-06
court:	NJ Superior Court Appellate Division
decided:	2007-08-16
status:	unpublished
citation:
Document Size:	45431

37 ESTATE OF AUSTIN J PISANO v. RUTGERS, THE STATE UNIVERSITY -- rank: 730

... 5665-18 4 circumstances is a 'very strict standard.' Citing N.J.S.A. 59:8-9, the court highlighted how the Legislature chose to 'raise the ... of N.J., 213 N.J. 130, 147 (2013)); accord N.J.S.A. 59:8-9 (assigning the determination as to whether late notice may be ... claim within a reasonable time thereafter[.] A-5665-18 6 [ N.J.S.A. 59:8-9 (emphasis added).] Thus, if a claimant seeks to present a ... not make a prima facie showing of extraordinary circumstances under N.J.S.A. 59:8-9. Thus, we find the trial court did not abuse its ... plaintiff permission to file a late notice of claim under N.J.S.A. 59:8-9, or in denying reconsideration. Affirmed. A-5665-18 11 This ...

docket:	a5665-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-09
status:	Unpublished
citation:
Document Size:	21516

38 RYAN RANKIN v. STATE OF NEW JERSEY -- rank: 727

... serve MPA with a late notice of tort claim (Notice), N.J.S.A. 59:8-9. 1 The motion judge permitted the late service after concluding ... the accrual of the claim except as otherwise provided in N.J.S.A. 59:8-9 . . . ." In enacting N.J.S.A. 59:8-9, "the Legislature recognized that discretionary judicial relief from the ninety ... or the public employee has not been substantially prejudiced thereby." N.J.S.A. 59:8-9. The statute also states: Application to the court for permission ... years from the time of the accrual of the claim. [ N.J.S.A. 59:8-9.] If a claimant seeks to present a late Notice pursuant ... year from the date of the accident, as stated in N.J.S.A. 59:8-9. They disagree with the motion judge that the discovery ...

docket:	a1603-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-15
status:	unpublished
citation:
Document Size:	30970

39 NICHOLAS R. BARBIERI v. JOHN D. MAYER -- rank: 727

... against defendants within the two-year statute of limitations. See N.J.S.A. 59:8-9. The complaint was administratively dismissed for lack of prosecution in ... notice of claim outside of the one-year window of N.J.S.A. 59:8-9, even if there is a lack of prejudice to the ... of accrual of [the] claim except as otherwise provided in N.J.S.A. 59:8-9[.]" N.J.S.A. 59:8-8(a) (emphasis added ... passed and a plaintiff has not utilized the procedure under N.J.S.A. 59:8-9 to obtain an extension of that period up to one ... entity, in the absence of prior court approval pursuant to N.J.S.A. 59:8-9, has been deemed a nullity. Rogers v. Cape May Cty ... where, as here, the plaintiff never filed a motion under N.J.S.A. 59:8-9 to extend the time to serve the notice and ...

docket:	a0362-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-21
status:	unpublished
citation:
Document Size:	25591

40 BELINDA SNOWDEN v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY -- rank: 722

... 16, 2007 order, the court denied the motion, concluding that N.J.S.A. 59:8-9 required a showing of sufficient reasons constituting extraordinary circumstances for ... or the public employee has not been substantially prejudiced thereby." N.J.S.A . 59:8-9. The claimant must apply to the court for permission to ...

docket:	a5995-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-02
status:	unpublished
citation:
Document Size:	46801

41 ELLEN HEINE v. STATE OF NEW JERSEY -- rank: 722

... the extended period of one year as set forth in N.J.S.A. 59:8-9." Plaintiff filed a motion for reconsideration, asserting that "[t]here ... state when her claims actually accrued." Plaintiff appeals, claiming that N.J.S.A. 59:8-9 allows for late filing of a notice of tort claim ... A. 59:8-8. The only exception is provided by N.J.S.A. 59:8-9: A claimant who fails to file notice of his claim ... Plaintiff here failed to meet any of the requirements of N.J.S.A. 59:8-9. Her motion was not "supported by affidavits based upon personal ... one-year period prior to her filing of the motion. N.J.S.A. 59:8-9 "permits a court to allow a plaintiff to file a ... she also failed to show "extraordinary circumstances" as required by N.J.S.A. 59:8-9. In her April 2012 motion, plaintiff claimed that she ...

docket:	a5739-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-25
status:	unpublished
citation:
Document Size:	28331

42 ROBERT CAMIDGE v. MANASQUAN BOARD OF EDUCATION -- rank: 722

... notice of claim within the first ninety days of accrual. N.J.S.A. 59:8-9. Originally, the Act provided a plaintiff had to show "sufficient ... claim within the period of time prescribed" by the Act. N.J.S.A. 59:8-9. To file a late notice, the claimant must demonstrate extraordinary ... sought to avail himself of the late claim provision of N.J.S.A. 59:8-9, which authorizes courts to permit a claim notice to be ... file notice of claim within the ninety-day statutory period. N.J.S.A. 59:8-9. The notice of motion was not supported by an affidavit ...

docket:	a0970-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-15
status:	unpublished
citation:
Document Size:	33109

43 Ventola v. New Jersey Veteran's Memorial Home -- rank: 720

... an investigation while witnesses are available and facts are fresh.      N.J.S.A. 59:8-9 allows the filing of a late notice of claim, provided ... a late notice of claim against the State pursuant to N.J.S.A. 59:8-9. In support, Josephine certified that because the facility is exclusively ... Gloucester , 153 N.J. Super. 461 , 466 (App. Div. 1977)).      N.J.S.A. 59:8-9 allows the filing of a late notice of claim. Before ... years from the time of the accrual of the claim. [ N.J.S.A. 59:8-9.]     The statute “does not define what circumstances are to be ... circumstances” that is the new, more stringent standard required by N.J.S.A. 59:8-9. Hence, the court affirmed the denial of the Ventolas' application ...

docket:	a-119-98
court:	njsupreme
decided:	2000-06-05
status:
citation:
Document Size:	38386

44 RUTHH ALLETT v. LEITA HAMILL -- rank: 720

... finding of the 'extraordinary circumstances' required for late filing by N.J.S.A. 59:8-9. Accordingly, we reverse. The limited record in this matter reflects ... the current 'sufficient reasons constituting extraordinary circumstances' standard required by N.J.S.A. 59:8-9; and (2) the trial court abused its discretion in determining ... sought to avail herself of the late claim provision of N.J.S.A. 59:8-9, which authorizes courts to permit a claim notice to be ... a late notice of claim within a reasonable time thereafter[.] [ N.J.S.A. 59:8-9 (emphasis added).] The quoted portion of N.J.S.A. 59:8-9 results from a 1994 amendment, L. 1994, c. 49,  ... c. 45, § 59:8-9 (codified as amended at N.J.S.A. 59:8-9) (emphasis added). The amendment made two significant changes. It ...

docket:	a2592-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-15
status:	unpublished
citation:
Document Size:	34440

45 /usr/local/share/www/libweb/collections/courts/appellate/a3514-19.opn.html -- rank: 717

... that plaintiff established the requisite reasons constituting extraordinary circumstances under N.J.S.A. 59:8-9 for his failure to file a timely notice of claim ... still had symptoms. Further, the court elaborated: We know that [ N.J.S.A.] 59:8-9 does not define extraordinary circumstances. But the [c]ourt notes ... of N.J., 213 N.J. 130, 147 (2013)); accord N.J.S.A. 59:8-9 (assigning the determination as to whether late notice may be ... a late notice of claim within a reasonable time thereafter[.] [ N.J.S.A. 59:8-9 (emphasis added).] Thus, if a claimant seeks to present a ... severe and debilitating' to vault the extraordinary circumstances standard under N.J.S.A. 59:8-9 and D.D., 213 N.J. at 149. And, plaintiff ... the trial court prior to its exercise of discretion under N.J.S.A. 59:8-9. The trial court gave 'proper consideration to the traumatic ...

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