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46 LOURDES SYLVESTER et al. v. DR. LAWRENCE HARRISON -- rank: 715

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9, which permits a claimant to move before a judge of ... one-year period following the accrual of her claim under N.J.S.A. 59:8-9, while the plaintiff in Eaga n did not file a ...

docket:	a6582-04
court:	njappellate
decided:	2006-08-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47500

47 RONALD WAY v. NEWARK HOUSING AUTHORITY -- rank: 715

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9, and the trial court's order of October 9, 2015 ... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. In support of the motion, plaintiff's counsel submitted a ... the City not delayed its response effectively to June 8. N.J.S.A. 59:8-9 provides a claimant who fails to file within ninety days ... timely notice was due to extraordinary circumstances, as required by N.J.S.A. 59:8-9. The NHA contends that a finding that the public entity ... independent of the City does not constitute extraordinary circumstances under N.J.S.A. 59:8-9. The TCA governs claims against public entities and employees and ... of this act[.] The grant or denial of relief under N.J.S.A. 59:8-9 is committed to "'the sound discretion of the trial ...

docket:	a0941-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-04
status:	unpublished
citation:
Document Size:	20277

48 ANNA ANTONINICH v. BIANCA HALLOWAY -- rank: 712

... warranting the extension of the ninety-day deadline provided in N.J.S.A. 59:8-9. Defendants argue the record does not support the court's ...

docket:	a2849-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-04
status:	unpublished
citation:
Document Size:	18477

49 Lowe v. Zarghami -- rank: 709

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9 of the TCA. That section permits a court to allow ... should be permitted to file a late notice of claim.      N.J.S.A. 59:8-9 provides that a claimant who fails to file notice of ... 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.     Although that ... 1997); Margolis and Novack, Claims Against Public Entities , Comment to N.J.S.A. 59:8-9 at 161-62 (1999) (observing that pre-1994 rule that ... Few cases have applied the 1994 extraordinary circumstances amendment of N.J.S.A. 59:8-9 to determine whether the filing of a late claim ...

docket:	a-192-97
court:	njsupreme
decided:	1999-06-07
status:
citation:	158 N.J. 606
Document Size:	68467

50 /usr/local/share/www/libweb/collections/courts/appellate/a3822-12a5568-12.opn.html -- rank: 709

... of claim within one year of the accident pursuant to N.J.S.A. 59:8-9. On January 19, 2011, the Merchants filed a personal injury ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66033

51 RICHARD D. WILES, JR and LISA ROSE-WILES v. BRIAN W. WAY and COUNTY OF UNION - BRIAN W. WAY v. COUNTY OF UNION, UNION COUNTY SHERIFF'S DEPARTMENT and PENNSYLVANIA MANUFACTURERS INSURANCE CO.,1 COUNTY OF UNION and UNION COUNTY SHERIFF'S DEPARTMENT -- rank: 707

... seek leave of court to file such a notice under N.J.S.A. 59:8-9, provided, however, that such a motion is filed within one ... for leave to file a late notice in accordance with N.J.S.A. 59:8-9, can pursue a claim against a public entity." 208 N ... seeking leave of court to file a late notice under N.J.S.A. 59:8-9, the plaintiffs unilaterally amended the original TCA notice and served ... granting leave to file a notice of late claim under N.J.S.A. 59:8-9." Ibid. The Supreme Court affirmed our decision. Ibid. Writing for ... for leave to file a late notice of claim under N.J.S.A. 59:8-9 deprived the trial court of the opportunity to apply the ... seek leave of court to file a late notice under N.J.S.A. 59:8-9. In fact, the only "TCA notice" plaintiff served in ...

docket:	a2741-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-04
status:	unpublished
citation:
Document Size:	25049

52 FEINBERG V. STATE OF NEW JERSEY, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. -- rank: 707

... years have elapsed since the accrual of the claim . . . .     Further, N.J.S.A. 59:8-9 provides:     A claimant who fails to file notice of his ... after the expiration of the one-year grace period of N.J.S.A. 59:8-9. Worse, through delay in answering the complaint and interrogatories, defendants ...

docket:	a-128-93
court:	njsupreme
decided:	1994-08-03
status:
citation:	137 N.J. 126
Document Size:	34875

53 JUAN S. MENDEZ v. SOUTH JERSEY TRANSPORTATION AUTHORITY -- rank: 704

... for the extension of the ninety-day Tort Claims deadline, N.J.S.A. 59:8-9, where plaintiffs' attorneys waited until they viewed the videotape depicting ... plaintiffs' motions to file late Tort Claims notices against them. N.J.S.A. 59:8-9. We affirm. On March 3, 2009, Juan Mendez and his ... found extraordinary circumstances to allow the late filing. Noting that " N.J.S.A. 59:8-9 allows the court in its discretion to permit the filing ... judge further noted plaintiffs had timely brought the motion. See N.J.S.A. 59:8-9 (requiring the filing of the notice within one year of ... not be "substantially prejudiced" by the late claims notice. See N.J.S.A. 59:8-9 (providing that late-notice relief will be accorded only, if ... again disagree. We have construed the "substantial prejudice" prong of N.J.S.A. 59:8-9 as placing on the public entity the burdens of ...

docket:	a3403-09
court:	superior court appellate division
decided:	2010-11-04
status:	published
citation:	416 N.J. Super. 525 6 A.3d 484
Document Size:	31972

54 STEVE WILLIAMS v. WESTAMPTON POLICE DEPARTMENT -- rank: 702

... established sufficient reasons to satisfy the "extraordinary circumstances" standard under N.J.S.A. 59:8-9 that permits a claimant to file the TCA notice after ... these undisputed circumstances, plaintiff had not established "extraordinary circumstances" under N.J.S.A. 59:8-9 to warrant the relaxation of the statutory ninety-day time ... the 90th 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 ... be extraordinary. [ Id. at 148-49.] Within the meaning of N.J.S.A. 59:8-9, the term "extraordinary circumstances" does not include attorney inattention or ... informed fashion. Under the standards established by the Legislature in N.J.S.A. 59:8-9, and reaffirmed by the Court in D.D. , supra , we ...

docket:	a1964-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-24
status:	unpublished
citation:
Document Size:	18981

55 KELLY A. FELTYNOWSKI v. ANDREW G. KAUFMAN -- rank: 702

... exceptional circumstances' throughout her brief. The statutory language found at N.J.S.A. 59:8-9 is 'extraordinary circumstances.' 6 A-2134-16T4 affidavits, if any ... requests leave to file a late TCA notice pursuant to N.J.S.A. 59:8-9 even though she never filed a motion pursuant to R ... 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 ... claim' because of the 'unique circumstances' presented as contemplated by N.J.S.A. 59:8-9. Id. at 642-43. In order to avoid this recurring ... late juncture would result in defendant being 'substantially prejudiced thereby.' N.J.S.A. 59:8-9. Therefore, we give no credence to her argument as to ... serve a TCA notice on the basis of extraordinary circumstances. N.J.S.A. 59:8-9. See also Iaconianni v. N.J. Tpk. Auth., 236 ...

docket:	a2134-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-27
status:	unpublished
citation:
Document Size:	54824

56 JUAN S. MENDEZ v. SOUTH JERSEY TRANSPORTATION AUTHORITY -- rank: 702

... for the extension of the ninety-day Tort Claims deadline, N.J.S.A. 59:8-9, where plaintiffs' attorneys waited until they viewed the videotape depicting ... plaintiffs' motions to file late Tort Claims notices against them. N.J.S.A. 59:8-9. We affirm. On March 3, 2009, Juan Mendez and his ... found extraordinary circumstances to allow the late filing. Noting that " N.J.S.A. 59:8-9 allows the court in its discretion to permit the filing ... judge further noted plaintiffs had timely brought the motion. See N.J.S.A. 59:8-9 (requiring the filing of the notice within one year of ... not be "substantially prejudiced" by the late claims notice. See N.J.S.A. 59:8-9 (providing that late-notice relief will be accorded only, if ... again disagree. We have construed the "substantial prejudice" prong of N.J.S.A. 59:8-9 as placing on the public entity the burdens of ...

docket:	a3409-09
court:	superior court appellate division
decided:	2010-11-04
status:	published
citation:
Document Size:	31798

57 MORAIBA MOLINA v. JOSE ISMAEL ROMAN -- rank: 702

... a late notice of tort claim against the City under N.J.S.A. 59:8-9. However, Rule 2:4-1(a) requires that "[a]ppeals ... 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 ... time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9" as "a final judgment of the court for appeal purposes ... of the Civil Practice Committee , 15 (Jan. 20, 2006) (citing N.J.S.A. 59:8-9) (footnote omitted). That rationale, like the plain language of Rule ... 8-9." N.J.S.A. 59:8-8. Under N.J.S.A. 59:8-9, "[a] claimant who fails to file notice of his claim ... that plaintiffs had not shown "extraordinary circumstances" as required by N.J.S.A. 59:8-9. We agree. In Leidy v. Cty. of Ocean , 398 ...

docket:	a5357-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-25
status:	unpublished
citation:
Document Size:	46895

58 /usr/local/share/www/libweb/collections/courts/appellate/a4008-19.opn.html -- rank: 699

... leave to file a late tort claim notice pursuant to N.J.S.A. 59:8-9 of the New Jersey Tort Claims Act, N.J.S ... motion to dismiss and, contrary to the express provisions of N.J.S.A. 59:8-9,2 plaintiff's counsel submitted an affidavit in which he ... Properties, Inc. and the Township of Verona without prejudice. 2 N.J.S.A. 59:8-9 provides that application 'to the court for permission to file ... A-4008-19 3 Despite her failure to comply with N.J.S.A. 59:8-9, the court adjourned the motion to permit plaintiff to submit ... permits a late filing under limited circumstances. In this regard, N.J.S.A. 59:8-9 provides that: [a] claimant who fails to file notice of ... thereby. A-4008-19 6 Prior to the enactment of N.J.S.A. 59:8-9, for a court to grant leave to file a ...

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court:
decided:
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Document Size:	24134

59 HAYWARD BROOKS v. SOUTH PLAINFIELD POLICE DEPARTMENT -- rank: 699

... of the "extraordinary circumstances" standard required for late filing by N.J.S.A. 59:8-9. Accordingly, we reverse. The only facts in the record are ... 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 ... a late notice of claim with a reasonable time thereafter. [ N.J.S.A. 59:8-9 (emphasis added).] The quoted portion of N.J.S.A. 59:8-9 resulted from a 1994 amendment, see 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 replaced ... timely claim notice was an insufficient reason. Finally, relying on N.J.S.A. 59:8-9 and Wood v. County of Burlington , 302 N.J. ...

docket:	a1607-09
court:	superior court appellate division
decided:	2010-09-13
status:	unpublished
citation:
Document Size:	27704

60 HAYWARD BROOKS v. SOUTH PLAINFIELD POLICE DEPARTMENT -- rank: 699

... of the "extraordinary circumstances" standard required for late filing by N.J.S.A. 59:8-9. Accordingly, we reverse. The only facts in the record are ... 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 ... a late notice of claim with a reasonable time thereafter. [ N.J.S.A. 59:8-9 (emphasis added).] The quoted portion of N.J.S.A. 59:8-9 resulted from a 1994 amendment, see 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 replaced ... timely claim notice was an insufficient reason. Finally, relying on N.J.S.A. 59:8-9 and Wood v. County of Burlington , 302 N.J. ...

docket:	a1444-09
court:	superior court appellate division
decided:	2010-09-13
status:	Unpublished
citation:
Document Size:	27704