Search Rutgers Law Library N.J. Court Opinions

91 JOSHUA JACKSON v. CITY OF PASSAIC HOUSING AUTHORITY -- rank: 650

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. On October 22, 2021, the trial court gave an oral ... surrounding plaintiff's motion pursuant to A-0900-21 4 N.J.S.A. 59:8-9 and failing to 'resolve doubts in favor of permitting the ... for leave to file a late notice of tort claim. N.J.S.A. 59:8-9; H.C. Equities, LP v. Cnty. of Union, 247 N ... entity must not be 'substantially prejudiced' by the late notice. N.J.S.A. 59:8-9. Determining whether extraordinary circumstances exist requires the trial court to ... circumstances preventing his timely filing of notice, as required under N.J.S.A. 59:8-9. Plaintiff was represented by counsel prior to the expiration of ...

docket:	a0900-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-27
status:	Unpublished
citation:
Document Size:	21473

92 DONALD C. BAYER, JR v. TOWNSHIP OF UNION, NEW JERSEY OFFICER CHRISTOPHER DONNELLY OFFICER ROBERT DONNELLY, III OFFICER EDWARD KOSTER, OFFICER THOMAS OLLEMAR, OFFICER CARLOS TURNER, SERGEANT MARC A. BRUNO SERGEANT J. DILGINIS, SERGEANT SHAWN HERRIGHTY, DETECTIVE WILLIAM FUENTES, DETECTIVE THOMAS RONAN, DETECTIVE GREGORY ROSSI, DETECTIVE LIEUTENANT RONALD BERRY and CAPTAIN EDWARD SHAPIRO - -- rank: 647

... as otherwise provided in section 59:8-9 . . . . Pursuant to N.J.S.A. 59:8-9, a failure to comply with the provisions of N.J ...

docket:	a1482-07
court:	superior court appellate division
decided:	2010-07-07
status:	published
citation:	414 N.J. Super. 238 997 A.2d 1118
Document Size:	119423

93 K.S.1 v. RYAN VERRECCHIO -- rank: 645

... time to file a notice of tort claim pursuant to N.J.S.A. 59:8- -9 is deemed a final judgment subject to appeal as of ... of the claim; and (2) there were extraordinary circumstances under N.J.S.A. 59:8-9 to warrant the relaxation of the ninety-day deadline in ... 130, 147 (2013); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9. The Supreme Court recently reaffirmed 'that an attorney's inattention ...

docket:	a1669-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-17
status:	Unpublished
citation:
Document Size:	19890

94 JOHN DEEGAN v. DR. SUN H. LEE -- rank: 642

... late notice of claim against Lee and RWJ pursuant to N.J.S.A. 59:8-9. In his certification in support of the motion, Deegan's ... 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 ... a late filing of a notice of claim pursuant to N.J.S.A. 59:8-9. Deegan argues extraordinary circumstances existed because initially he did not ... not make a prima facie showing of extraordinary circumstances under N.J.S.A. 59:8-9, and no hearing was required. As there were no extraordinary ... Deegan permission to file a late notice of claim under N.J.S.A. 59:8-9, or in denying reconsideration. Affirmed. 1 It appears Michele Deegan ...

docket:	a0460-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-10
status:	unpublished
citation:
Document Size:	27369

95 Hamid Harris v. City of Newark -- rank: 642

... 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 ... s motion to file a late notice of claim under N.J.S.A. 59:8-9, a provision of the 15 Tort Claims Act, should be ... leave to file a late notice of tort claim under N.J.S.A. 59:8-9 should be deemed final, and we amended the court rule ...

docket:	a-59-20
court:	NJ Supreme Court
decided:	2022-03-30
status:
citation:
Document Size:	59501

96 MICHAEL E. HAYMES v. SERGEANT TIMMERMAN -- rank: 639

... to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9. We affirm. N.J.S.A. 59:8-8 requires ... the 90th day after accrual of the cause of action." N.J.S.A. 59:8-9 states: A claimant who fails to file notice of his ... year earlier, and so, the court was not authorized under N.J.S.A. 59:8-9 to grant the extension appellant sought. In addition, the court ... adhere to this "more exacting standard" in considering applications under N.J.S.A. 59:8-9 for an extension of time to file the notice. D ...

docket:	a1595-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-09
status:	unpublished
citation:
Document Size:	16891

97 /usr/local/share/www/libweb/collections/courts/appellate/a2149-18.opn.html -- rank: 637

... reasons constituting extraordinary circumstances' for his failure to timely file. N.J.S.A. 59:8-9. As a review of the record indicates, A-2149-18T4 ...

docket:
court:
decided:
status:
citation:
Document Size:	56963

98 KADISHA JONES RICHARDSON v. NEWARK HOUSING AUTHORITY -- rank: 634

... Siazon, 208 N.J. 463, 476-77 (2011); see also N.J.S.A. 59:8- 9. When evaluating a trial court's exercise of discretion, 'we ... or the public employee has not been substantially prejudiced thereby. [N.J.S.A. 59:8-9.] We conclude the trial judge exercised appropriate discretion in determining ... prior to the one - year filing deadline in accordance with N.J.S.A. 59:8-9. The trial court found extraordinary circumstances, pursuant to N.J.S.A. 59:8-9. Those findings were substantiated by the record. We therefore affirm ...

docket:	a3800-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Unpublished
citation:
Document Size:	17737

99 /usr/local/share/www/libweb/collections/courts/appellate/a3154-19.opn.html -- rank: 632

... the judge erred in finding plaintiff satisfied the requirements of N.J.S.A. 59:8-9, and by failing to reject the certifications submitted by plaintiff ... agree plaintiff failed to demonstrate the 'extraordinary circumstances' required by N.J.S.A. 59:8-9 and reverse. N.J.S.A. 59:8-8 requires ... may exercise the discretion A-3154-19 2 permitted by N.J.S.A. 59:8-9 to allow a late filing 'provided that the public entity ... which does not meet the 'extraordinary circumstances' threshold required by N.J.S.A. 59:8-9. We agree, as plaintiff urges, there is little doubt JCMUA ... is no question the Legislature intended – when it amended N.J.S.A. 59:8-9 to require a showing of 'extraordinary circumstances' – to set ... negligence or inadvertence is not 'extraordinary' within the meaning of N.J.S.A. 59:8-9. See D.D. v. Univ. of Med. & Dentistry of ...

docket:
court:
decided:
status:
citation:
Document Size:	11009

100 JEAN COLLINS v. EDISON TOWNSHIP HOUSING AUTHORITY, A Division of EDISON TOWNSHIP -- rank: 632

... Emphasis added.) Regarding the filing of notice of late claim, N.J.S.A. 59:8-9 provides: A claimant who fails to file notice of his ... court to file a late notice of claim pursuant to N.J.S.A. 59:8-9. Under Priore and Fuller , the trial court did not have ... seeking leave to file a late notice of claim under N.J.S.A. 59:8-9 had passed. Against these facts, and in light of the ...

docket:	A3776-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-09
status:	unpublished
citation:
Document Size:	37298

101 NOBIS VENTURE, LLC v. DONAHOE BROTHERS, LLC -- rank: 629

... and had not filed a motion with the court under N.J.S.A. 59:8-9 for leave to file a late notice of claim. On ... 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 ...

docket:	a6006-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	25693

102 JUDY DANIELS v. PEMBERTON TOWNSHIP WATER DEPARTMENT -- rank: 629

... leave to file a notice of late claim pursuant to N.J.S.A. 59:8-9 within the year following her fall. Instead, on June 9 ... one year of the accrual of the cause of action. N.J.S.A. 59:8-9. Plaintiff renews these arguments on appeal. We affirm, substantially for ... into whether his delay was justified by extraordinary circumstances under N.J.S.A. 59:8-9, the plaintiff filed an untimely "amended notice" with the authority ... rule to evade the legislatively dictated late claims procedure of N.J.S.A. 59:8-9. McDade has obvious application here. The Township rejected plaintiff's ... filing a motion for leave to file a late claim. N.J.S.A. 59:8-9. Plaintiff did not seek leave of court to file a ... and Dentistry and Rutgers, did not constitute extraordinary circumstances under N.J.S.A. 59:8-9. D.D. v. Univ. of Med. and Dentistry of ...

docket:	a4440-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-03
status:	unpublished
citation:
Document Size:	16186

103 DANIEL J. O'NEILL VS CITY OF NEWARK, ET AL -- rank: 629

... Gloucester , 153 N.J. Super. 461 , 466 (App. Div. 1977).      N.J.S.A. 59:8-9 provides for the filing of a late notice of claim ... by defendants to support the judge's denial of relief.      N.J.S.A. 59:8-9 does not define "extraordinary circumstances." In common parlance the term ... A case interpreting the post-amendment "extraordinary circumstances" requirement of N.J.S.A. 59:8-9, is Zios v. New Jersey Sports & Exposition Auth. , 286 N ...

docket:	a1164-96
court:	njappellate
decided:	1997-10-14
status:	published
citation:	<a href=
Document Size:	30831

104 /usr/local/share/www/libweb/collections/courts/appellate/a3276-19.opn.html -- rank: 626

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9 against defendants arguing extraordinary circumstances existed, thereby excusing her failure ... filing of a late notice of claim as permitted by N.J.S.A. 59:8-9. Plaintiff also maintains defendants failed to submit competent proofs evidencing ... 1989)). 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 ... 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 the loss ...

docket:
court:
decided:
status:
citation:
Document Size:	25412

105 JAIME WEAVER v. NEW JERSEY TRANSIT CORPORATION and TIMOTHY STACKHOUSE - -- rank: 624

... that plaintiff failed to demonstrate the "extraordinary circumstances" required by N.J.S.A. 59:8-9 when a plaintiff seeks to file a late notice of ... that plaintiff had not presented the extraordinary circumstances required by N.J.S.A. 59:8-9 that would excuse the late filing of a notice of ... a notice of claim after the ninety days has expired. N.J.S.A. 59:8-9. To succeed on such motion, a plaintiff must demonstrate that ... that plaintiff did not present the extraordinary circumstances required by N.J.S.A. 59:8-9 for the service of a late notice of claim. In ...

docket:	a2826-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-06
status:	unpublished
citation:
Document Size:	24788