Search Rutgers Law Library N.J. Court Opinions

61 LAKESIDE CONSTRUCTION v. TOWNSHIP OF SPARTA -- rank: 699

... defendants. N.J.S.A. 59:8-8(a). In N.J.S.A. 59:8-9, the statute contains a limited exception to the ninety- day ... 3 In the present case, Lakeside has not relied upon N.J.S.A. 59:8-9, or argued a theory of extraordinary circumstances. A-3412-17T4 ... of its terms, subject to the extraordinary circumstances exception in N.J.S.A. 59:8-9, which Lakeside has not invoked. See, e.g., Beauchamp, 164 ... Legislature's purpose in adding the 'extraordinary circumstances' language in N.J.S.A. 59:8-9 'was to raise the bar for the filing of a ... and does not constitute substantial compliance with the terms of [N.J.S.A. 59:8-9].' Rogers v. Cape May Cty. A-3412-17T4 13 Office ... original) (quoting Margolis & Novack, Claims Against Public Entities, comment on N.J.S.A. 59:8- 9 (2011)). C. In sum, Lakeside has not presented a ...

docket:	a3412-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-09
status:	Unpublished
citation:
Document Size:	24637

62 MICHAEL BROWN v. PASSAIC COUNTY -- rank: 696

... exception to the ninety-day notice rule is found at N.J.S.A. 59:8-9, which provides as follows: A claimant who fails to file ... restated the relevant policy implications relevant to the application of N.J.S.A. 59:8-9 and said: Following the date of accrual, the statutory scheme ... ameliorate the consequence of a late filing in appropriate cases. N.J.S.A. 59:8-9. . . . . If such a motion is made, the grant or denial ... second, that the public entity not be "substantially prejudiced" thereby. N.J.S.A. 59:8-9. In a 1994 amendment to the statute, the Legislature replaced ... plaintiff failed to establish the requisite extraordinary circumstances required under N.J.S.A. 59:8-9. We conclude that the trial judge did not abuse his ...

docket:	a3050-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-02
status:	unpublished
citation:
Document Size:	24996

63 CAROLYN MCFEELEY v. SUNNY KAR, D.O. -- rank: 689

... Act allows a late filing of a notice of claim. N.J.S.A. 59:8-9. In that regard, the Act provides: A claimant who fails ...

docket:	a4543-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-18
status:	Unpublished
citation:
Document Size:	34228

64 ROBERT MOTTRAM v. WILLIAM H. BUCKMAN ESQ -- rank: 686

... he or she can show exceptional circumstances in accordance with N.J.S.A. 59:8-9. N.J.S.A. 59:8-8. Claims based upon ... someone associated with the criminal justice system in Essex County. N.J.S.A. 59:8-9 confers upon the trial court the discretion to allow a ... requirements under N.J.S.A. 59:8-8 and N.J.S.A. 59:8-9. IV Rachmiel's Appeal A trial court's "determinations on ... expansion of what constitutes "extraordinary circumstances" within the meaning of N.J.S.A. 59:8-9. As the Supreme Court noted in D.D. v. Univ ... and well beyond the one-year time limit set by N.J.S.A. 59:8-9." Under these circumstances, Rachmiel told plaintiff's counsel that he ...

docket:	a5982-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	47125

65 /usr/local/share/www/libweb/collections/courts/appellate/a3655-19.opn.html -- rank: 686

... permits a late filing under limited circumstances. In this regard, N.J.S.A. 59:8- -9 provides: A claimant who fails to file notice of his ... investigation' is insufficient to constitute the substantial prejudice requirement under N.J.S.A. 59:8-9. Id. at 535. Substantial prejudice '[g]enerally . . . implies A-3655 ... before moving to file a late notice of claim. 2 N.J.S.A. 59:8-9 specifically requires affidavits 'based upon personal knowledge of the affiant ...

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Document Size:	43236

66 ROBERT MOTTRAM v. WILLIAM H. BUCKMAN ESQ -- rank: 686

... he or she can show exceptional circumstances in accordance with N.J.S.A. 59:8-9. N.J.S.A. 59:8-8. Claims based upon ... someone associated with the criminal justice system in Essex County. N.J.S.A. 59:8-9 confers upon the trial court the discretion to allow a ... requirements under N.J.S.A. 59:8-8 and N.J.S.A. 59:8-9. IV Rachmiel's Appeal A trial court's "determinations on ... expansion of what constitutes "extraordinary circumstances" within the meaning of N.J.S.A. 59:8-9. As the Supreme Court noted in D.D. v. Univ ... and well beyond the one-year time limit set by N.J.S.A. 59:8-9." Under these circumstances, Rachmiel told plaintiff's counsel that he ...

docket:	a1811-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	47127

67 TYQUAN MCCALL v. NEW JERSEY TRANSIT -- rank: 686

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. We reverse and remand for reconsideration. We glean the following ... NJT would not be substantially prejudiced by the late filing. N.J.S.A. 59:8-9. This appeal followed. R. 2:2-3(a)(3). On ... Court . . . within one year after the accrual of his claim . . . ." N.J.S.A. 59:8-9. To permit a late filing, a court must find there ... 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 ... constituting extraordinary circumstances" to file a late notice of claim, N.J.S.A. 59:8-9, which created a "'more demanding'" standard for a claimant to ... ninety days after the accrual of the cause of action, N.J.S.A. 59:8-9, is not defined, and thus must be evaluated on ...

docket:	a2054-14
court:	NJ Superior Court Appellate Division
decided:	2016-01-13
status:	unpublished
citation:
Document Size:	21983

68 MARY LONDONO v. CITY OF ELIZABETH -- rank: 686

... provided in section 59:8-9[.]" Ibid. The exception in N.J.S.A. 59:8-9 provides that a claimant "may, in the discretion of a ... the filing period beyond the one-year outer limit of N.J.S.A. 59:8-9. Iaconianni v. N.J. Tpk. Auth. , 236 N.J. Super ... years from the time of the accrual of the claim." N.J.S.A. 59:8-9; see also N.J.S.A. 59:8-8(b ... or within one year, if permitted by the court under N.J.S.A. 59:8-9." Id. at 300. See also Anske v. Borough of Palisades ...

docket:	a2027-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-23
status:	unpublished
citation:
Document Size:	31288

69 INEABELLE LUGO v. CARROLL JO KENNEDY -- rank: 681

... Concerning the late filing of a notice of tort claim, N.J.S.A. 59:8-9 provides: A claimant who fails to file notice of his ... was not entitled to the tolling of those time requirements, N.J.S.A. 59:8-9 required the dismissal of plaintiff's complaint, as she did ... the accident, did not demonstrate the "extraordinary circumstances" required by N.J.S.A. 59:8-9 and did not file her cause of action against BOE ... to file a late notice of claim, as required by N.J.S.A. 59:8-9, the court would have lacked the authority to permit such ...

docket:	a4493-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-06
status:	unpublished
citation:
Document Size:	27311

70 BRESHEVEZ MCKENZIE MOORE v. THE CENTER FOR LIFELONG LEARNING -- rank: 678

... J. Tpk. Auth., 236 N.J. 335, 344 (2019); accord N.J.S.A. 59:8-9 (stating that it is 'in the discretion of a judge ... 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-3420-21 ... claim and denying her motion to reinstate her complaint. See N.J.S.A. 59:8-9. She addresses these two issues together and relies on the ...

docket:	a3420-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-19
status:	Unpublished
citation:
Document Size:	21815

71 GLENN B. SLATER v. CAPTAIN DAVID HARDIN -- rank: 678

... time within one year after the accrual of his claim." N.J.S.A. 59:8-9. "The court is without jurisdiction to permit filing of a ... years from the time of the accrual of the claim." N.J.S.A. 59:8-9. Under the Act, we first look to the date on ... years from the time of the accrual of the claim." N.J.S.A. 59:8-9. After two years elapsed after the accrual of the claim ...

docket:	a4818-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-11
status:	unpublished
citation:
Document Size:	41562

72 LORENZO OLIVER v. YVONNE LEE -- rank: 678

... notice of his claim within the ninety day period under [] N.J.S.A. 59:8-9. The Court has no record in the Superior Court, Law ... for permission to file a late notice of claim under N.J.S.A. 59:8-9, Defendant's motion for Summary Judgment was granted on November ... or the public employee has not been substantially prejudiced thereby." N.J.S.A. 59:8-9. The exception further provides: Application to the court for permission ... permission to file a late notice of claim, pursuant to N.J.S.A. 59:8-9,] over to [NSP] mailroom employees for them to mail to ... apply for permission to file a late notice of claim, N.J.S.A. 59:8-9, had already elapsed when the judge denied the extension. Thus ...

docket:	a1669-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-25
status:	unpublished
citation:
Document Size:	29890

73 /usr/local/share/www/libweb/collections/courts/appellate/a3562-13.opn.html -- rank: 676

... motion seeking to file a late notice of tort claim. N.J.S.A. 59:8-9. In his supporting certification, plaintiff recited the history of his ... Beauchamp v. Amedio , 164 N.J. 111 , 121-22 (2000)).] N.J.S.A. 59:8-9 allows late filing for the notice of claim under certain ... 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 ... determine the proper entity's identity "precludes plaintiff from satisfying N.J.S.A. 59:8-9's other requirement that a claimant file a late notice ... 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 ... for two years beyond the accrual of the claim. See N.J.S.A. 59:8-9 . . . . Nothing in the [TCA] evinces the legislative intent that ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	28772

74 /usr/local/share/www/libweb/collections/courts/appellate/a5568-12xx.opn.html -- rank: 676

... 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 ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	65068

75 MEHERALY MERCHANT v. BRIAN J. VINDICK -- rank: 676

... 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:	a3822-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-25
status:	unpublished
citation:
Document Size:	65698