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76 AKINTOLA HANIF MARTIN v. UNIVERSITY HOSPITAL NEWARK -- rank: 676

... motion to file a late notice of claim pursuant to N.J.S.A. 59:8-9. Plaintiff argued that his notice of claim was timely because ... deny motions to file late notices of claim pursuant to N.J.S.A. 59:8-9 under an abuse-of-discretion standard. D.D. v. Univ ... J. Tpk. Auth., 236 N.J. 335, 344 (2019) (noting N.J.S.A. 59:8- 9 leaves the determination of whether a late notice may be ... prejudiced by the delay. 7 Id. at 346; see also N.J.S.A. 59:8-9. The failure to file 'within ninety days under normal circumstances ... 7 A defendant must produce and demonstrate substantial prejudice under N.J.S.A. 59:8-9. See Mendez v. S. Jersey Transp. Auth., 416 N.J ... no prejudice, we do not consider the prejudice element of N.J.S.A. 59:8-9. A-0052-19T1 16 606, 629 (1999) (quoting Murray ...

docket:	a0052-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-24
status:	Unpublished
citation:
Document Size:	43125

77 /usr/local/share/www/libweb/collections/courts/appellate/a2066-20.opn.html -- rank: 673

... public entity within [ninety] days of accrual of the claim'); N.J.S.A. 59:8-9 (permitting the filing of a late notice of claim for ...

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78 JUDY CORRIGAN v. JAMES MOGAN -- rank: 673

... motion, arguing that plaintiff had not demonstrated extraordinary circumstances under N.J.S.A. 59:8-9 to excuse her late service of a notice. The City ... to establish "extraordinary circumstances," as the Legislature has required under N.J.S.A. 59:8-9 in order to allow a late notice. The judge also ... The trial court has a limited degree of discretion under N.J.S.A. 59:8-9 to permit a plaintiff to file a late notice of ... the notice of tort claim within the prescribed ninety days. N.J.S.A. 59:8-9. Additionally, the filing of the late notice must not "substantially ... scope of review of a trial court's application of N.J.S.A. 59:8-9 to a particular scenario is limited. "The Law Division has ...

docket:	a1160-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-07
status:	unpublished
citation:
Document Size:	40231

79 JOHN OVERSTREET v. SENIOR HIGH RISE SENIOR CENTER, HOUSING AUTHORITY CITY OF BRIDGETON -- rank: 673

... leave to file a notice of late claim pursuant to N.J.S.A. 59:8-9. Judge Curio denied plaintiff's motion finding that plaintiff had ... after accrual of the cause of action, as required by N.J.S.A. 59:8-9. Thereafter, on November 5, 2004, Judge Curio denied plaintiff's ... days after accrual. N.J.S.A. 59:8-8. N.J.S.A. 59:8-9 provides: A claimant who fails to file notice of his ... 59:8-8 is eased by the saving provision of N.J.S.A. 59:8-9 which authorizes the court, in its discretion, to extend the ... action." Margolis and Novack, Claims against Public Entities , comment on N.J.S.A. 59:8-9 (2005). However, the court's discretion was substantially limited by the 1994 amendment to N.J.S.A. 59:8-9. Ibid. The 1994 amendment added the language that such ...

docket:	A1894-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-28
status:	unpublished
citation:
Document Size:	52286

80 J.C. v. CAROL D'ANNUNZIO -- rank: 670

... to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9 to pursue suit against defendants Lenape Valley Regional School Board ... and other psychological disorders constituted the 'extraordinary circumstances' required by N.J.S.A. 59:8-9 to excuse the late filing. The judge instead found: Before ... permitted for a [l]ate [t]ort [c]laim under N.J.S.A. 59:8-9. The [c]ourt did not find, and does not find ... of accrual of the claim except as otherwise provided in N.J.S.A. 59:8-9.' N.J.S.A. 59:8-8. Pursuant to N.J.S.A. 59:8-9, [a] claimant who fails to file notice of his claim ... for the failure to file a timely notice of claim. N.J.S.A. 59:8-9. The Supreme Court has 8 A-1984-16T3 recently ...

docket:	a1984-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-21
status:	unpublished
citation:
Document Size:	46633

81 G.Y. v. COUNTY OF ATLANTIC -- rank: 668

... before it did not demonstrate the 'extraordinary circumstances' required under N.J.S.A. 59:8-9 to file a late notice of tort claim. Accordingly, we ... that plaintiff has not alleged nor demonstrated extraordinary circumstances under N.J.S.A. 59:8-9 to file a late A-0958-17T2 4 notice of ... because it did not comply with the statutory standards under N.J.S.A. 59:8-9. We review an order granting permission to file a late ... 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). 'The purpose ... 153 N.J. Super. 461, 466 (App. Div.1977)). Under N.J.S.A. 59:8-9, a claimant can file a motion to submit a late ... prejudiced' thereby.' McDade, 208 N.J. at 476-77 (quoting N.J.S.A. 59:8-9). This requires a 'fact- sensitive analysis of the specific ...

docket:	a0958-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Unpublished
citation:
Document Size:	18943

82 /usr/local/share/www/libweb/collections/courts/appellate/a1618-19.opn.html -- rank: 668

... 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 ... to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9. The motion was supported only by plaintiff's and her ... regarding motions to file late notices of claim pursuant to N.J.S.A. 59:8-9 under an abuse-of-discretion standard. D.D. v. Univ ... J. Tpk. Auth., 236 N.J. 335, 344 (2019) (noting N.J.S.A. 59:8-9 leaves the determination of whether a late notice may be ... delay. O'Donnell, 236 N.J. at 346; see also N.J.S.A. 59:8-9. The failure to file 'within ninety days under normal conditions ... to file notice of claim' within the ninety-day period. N.J.S.A. 59:8-9; see also Beyer v. Sea Bright Borough, 440 N. ...

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83 ROSINA MARANO v. MELVIN ROMERO -- rank: 665

... of certifications were based upon personal knowledge, as required by N.J.S.A. 59:8-9, whereas the initial certification was not. They expanded upon the ... 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 ... 404; Margolis and Novack, Claims Against Public Entities , Comment on N.J.S.A. 59:8-9 (1999)). [ Id. at 455-57.] We now turn to Judge ... motion to file a late notice of claim pursuant to N.J.S.A. 59:8-9, finding that exceptional circumstances existed. The Appellate Division reversed, ...

docket:	a5350-07
court:	njappellate
decided:	2009-04-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51155

84 SHIRLEY LYVAN v. CITY OF EAST ORANGE -- rank: 665

... motion for leave to file a late notice of claim. N.J.S.A. 59:8-9. The trial court granted this motion and denied the City ... claim except as otherwise provided in section 59:8-9. N.J.S.A. 59:8-9 provides in turn: A claimant who fails to file notice ... deemed to have been filed in the period permitted by N.J.S.A. 59:8-9." In the course of deciding the motion, the trial court ... similarity between the requirement of extraordinary circumstances in the amended N.J.S.A. 59:8-9 and the need to show extraordinary circumstances to relax the ... attorney error does not constitute extraordinary circumstances for purposes of N.J.S.A. 59:8-9. The Supreme Court has noted that the purpose of the ...

docket:	A1851-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-22
status:	unpublished
citation:
Document Size:	41828

85 ESTATE OF JANIE REED v. ROOSEVELT CARE CENTER, L.L.C., ET AL. -- rank: 665

... that the Legislature intended the one-year ban provided under N.J.S.A. 59:8-9 to be tolled. Accordingly, plaintiff should be entitled to file ... extraordinary circumstances" in which the one year period embodied in N.J.S.A. 59:8-9 may be enlarged, and we remand the matter for the ...

docket:	a5715-05
court:	njappellate
decided:	2007-07-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	45367

86 BOARD OF EDUCATION OF THE BOROUGH OF KINNELON -- rank: 663

... to decide whether the notice of claim will be accepted. N.J.S.A. 59:8-9. Such an exception will only be permitted absent substantial prejudice ...

docket:	a2764-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-09
status:	Published
citation:
Document Size:	44968

87 LUIS VEGA v. THE CITY OF NEWARK -- rank: 660

... 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 certified that ... his failure to timely file a late notice of claim." N.J.S.A. 59:8-9. The judge further determined that Newark had not suffered substantial ... within one year of the accrual of the claim. See N.J.S.A. 59:8-9. Such a request may be granted only if a plaintiff ...

docket:	a1749-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	24404

88 NA-IL JOHNSON v. HOUSING AUTHORITY CITY OF NEWARK et al. -- rank: 658

... asserting that there were "extraordinary circumstances" within the meaning of N.J.S.A. 59:8-9 to permit late filing. We affirm. In his supporting certification ... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9 on August 20, 2004, nearly eleven months after the accrual ... a notice of claim is permissible if the requirements of N.J.S.A. 59:8-9 are met. As originally enacted, N.J.S.A. 59:8-9 permitting late filing upon a showing of "sufficient reasons" for ... time prescribed by section 59:8-8 of this act. [ N.J.S.A. 59:8-9.] In his certification plaintiff says that the delay in locating ... hearsay rather than the "first hand knowledge" as required by N.J.S.A. 59:8-9. Also the contention that the hospital acted to conceal ...

docket:	A0961-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-07
status:	unpublished
citation:
Document Size:	37441

89 JONATHAN JEFFREY v. STATE OF NEW JERSEY -- rank: 655

... to satisfy the 'extraordinary circumstances' required by the TCA under N.J.S.A. 59:8-9 to file a late notice of claim. The TCA requires ... have not been 'substantially prejudiced' by the plaintiff's tardiness. N.J.S.A. 59:8-9. Although plaintiff consulted with an attorney seven months after the ... not show extraordinary circumstances to justify the relief provided by N.J.S.A. 59:8-9. After reviewing the record developed before the Law Division, we ... These facts are sufficient to constitute 'extraordinary circumstances' pursuant to N.J.S.A. 59:8-9. S.E.W. Friel Co., 73 N.J. at 122 ...

docket:	a1187-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-18
status:	Published
citation:
Document Size:	18007

90 TINISHA HOOD v. MAYA RAMAGOPAL, M.D. -- rank: 652

... 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 ... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. On October 11, 2013, the trial court heard arguments and ... requirements. N.J.S.A. 59:8-8(a). However, N.J.S.A. 59:8-9 alleviates the harshness of the ninety-day requirement by authorizing ... and there is no substantial prejudice to the public entity. N.J.S.A. 59:8-9; see also McDade , supra , 208 N.J. at 475-77 ... circumstances here. Under the standards established by the Legislature in N.J.S.A. 59:8-9 and reaffirmed by the Court in D.D. , we are ... because the one year period for filing claims allowed in N.J.S.A. 59:8-9 had passed. This archive is a service of Rutgers ...

docket:	a1480-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-18
status:	unpublished
citation:
Document Size:	34954