Search Rutgers Law Library N.J. Court Opinions

61 Kemp v. State of New Jersey -- rank: 698

... propriety of the act being done"). The official comment to N.J.S.A. 59:2-3 explains that, in respect of ministerial duties, "once a public ... as in the case of a private party.'" Comment to N.J.S.A. 59:2-3 (quoting Fitzgerald v. Palmer , 47 N.J. 106 , 109 (1966)); see also Comment to N.J.S.A. 59:2-3 is equally applicable to this section"). Thus, under the TCA ...

docket:	a-41-96
court:	njsupreme
decided:	1997-01-14
status:
citation:	144 N.J. 586
Document Size:	66215

62 CINDY BOLGER v. CITY OF BAYONNE -- rank: 676

... insufficient to provide a foundation for discretionary activity immunity under N.J.S.A. 59:2-3. Plaintiff argues that "to gain the benefit of 104 N ... do everything that might be done." Id. at 164 (quoting N.J.S.A. 59:2-3, we observed: N.J.S.A. 59:2-3 particularly recognizes that government has no choice but to govern ... to allocate money to repair defective curbing was immunized by N.J.S.A. 59:2-3 applied to Bayonne was improper. Factual support for a conclusion ... that they allocated resources and exercised discretion on how under [ N.J.S.A. 59:]2-3 to paint it but not to fix it had me ...

docket:	a2215-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-23
status:	unpublished
citation:
Document Size:	66873

63 MARTHA GREENBLATT v. BOROUGH OF NORTH PLAINFIELD -- rank: 666

... noted that it was relying on a "new argument" that N.J.S.A. 59:2-3, in light of the judge's previous determination that there ... s private nuisance cause of action, which is governed by [ N.J.S.A. ] 59:2-3(d), also requires a showing of "palpably unreasonable" - - and that ...

docket:	a4227-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	26106

64 GIANI PETTY v. CITY OF NEWARK -- rank: 666

... the trial court relied on the immunity feature codified in N.J.S.A. 59:2-3(d), which affords discretion to municipalities to allocate limited resourcesâ ... DISMISSED PLAINTIFF'S COMPLAINT BECAUSE THE CITY IS IMMUNE UNDER N.J.S.A. 59:2-3 AND N.J.S.A. 59:4-6. POINT II ... omissions of its employees in carrying out their ministerial functions. [N.J.S.A. 59:2-3.] The City asserts that it is entitled to immunity under all four subsections of N.J.S.A. 59:2-3. We focus on subsection (d)—which we refer to ... of the allocation-of-resource theory of immunity codified in N.J.S.A. 59-2-3(d). A-4126-19 9 [Id. at 77–78.] The ... as to defeat its entitlement to tort claims immunity under N.J.S.A. 59:2-3(d). As we have already noted, because we affirm ...

docket:	a4126-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-20
status:	Unpublished
citation:
Document Size:	21952

65 RALPH ANGELES v. NEVIER RUIZ -- rank: 656

... Cemetery Corp., 197 N.J. 448, 457-58 (2009) (quoting N.J.S.A. 59:2-3). N.J.S.A. 59:4-7 provides that '[n ...

docket:	a3751-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	35617

66 GEORGE LUCIETTO and GAIL LUCIETTO v. COUNTY OF BERGEN -- rank: 649

... on the ground they were immune, as public entities, under N.J.S.A. 59:2-3. The trial court granted defendants' motion, reasoning: First of all ... adequately clear, fairly clear from the Court's reading of N.J.S.A. 59:2-3. That section of our statute states that in Subpart A ... 59 (1989). Here, by all accounts, the immunity afforded by N.J.S.A. 59:2-3 applies, although the parties differ as to which specific provision ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3.] This provision is intended to codify the existing law in ... whole. . . . When an immunity comes within a specific subsection of N.J.S.A. 59:2-3, then the general provision, subsection a, would not apply." Brow ... N.J.S.A. 59:4-2).] Of course, under N.J.S.A. 59:2-3, "[i]mmunity is contingent upon proof that discretion was ...

docket:	a0793-06
court:	NJ Superior Court Appellate Division
decided:	2007-05-14
status:	published
citation:
Document Size:	68528

67 ELENA MERCADO v. DONNA L. KRIMMEL -- rank: 644

... id. at 292 (explaining '[t]he Task Force Comment to N.J.S.A. 59:2-3(d) concludes by stating, 'this section adopts the test commonly ... of ministerial duties, N.J.S.A. 59:2-2; N.J.S.A. 59:2-3(d), that liability yields to a grant of immunity,' thus ...

docket:	a4742-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-16
status:	Unpublished
citation:
Document Size:	30659

68 MORTON SCHNEIDER et al. v. TOWNSHIP OF DOVER -- rank: 642

... is not liable if the public employee is not liable); N.J.S.A. 59:2-3 (providing that a public entity is not liable for injury ...

docket:	a4312-05
court:	njappellate
decided:	2007-08-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65405

69 JANET HENEBEMA v. DOMENICO RADDI, JR. -- rank: 642

... to charge the jury on the correct standard required by N.J.S.A. 59:2-3(d). Henebema v. S. Jersey Transp. Auth., 430 N.J ... ordinary negligence law or the [TCA]'s 'palpably unreasonable' standard. N.J.S.A. 59:2-3(d). Because the judge himself settled that fact-laden dispute ...

docket:	a2460-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-06
status:	published
citation:	452 N.J.Super. 438 175 A.3d 190
Document Size:	80943

70 /usr/local/share/www/libweb/collections/courts/appellate/a5133-13.opn.html -- rank: 637

... Borough was barred by the Tort Claims Act (TCA), citing N.J.S.A. 59:2-3(b), -4. With respect to the claim against Kavanaugh, the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46071

71 Janet Henebema v. South Jersey Transportation Authority -- rank: 632

... behalf of the public entity was ministerial or discretionary. See N.J.S.A. 59:2-3(d). If the public entity’s action in allocating resources ... behalf of the public entity was ministerial or discretionary. See N.J.S.A. 59:2-3(d). More particularly, for purposes of the factual setting of this appeal, N.J.S.A. 59:2-3(d) prescribes the circumstances when a public entity can be ...

docket:	A-7-13
court:	NJ Supreme Court
decided:	2014-09-29
status:
citation:	219 N.J. 481 99 A.3d 336
Document Size:	68401

72 CLAUDIA ELLIOTT v. MISTER MOLD, LLC -- rank: 627

... down the hill. . . . . . . . The Township has immunity for discretionary activities. N.J.S.A. 59:2-3. A township's determination which roads to repair at any ... purchasing an easement from plaintiff or the Eckerts. Pursuant to N.J.S.A. 59:2-3(c), the Township was "not liable for the exercise of ...

docket:	a1215-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	32177

73 JANET C. DENIS VS CITY OF NEWARK, ET ALS -- rank: 617

... as a police officer, they are immune from liability under N.J.S.A. 59:2-3 applies "[w]here immunity is claimed by a public entity ...

docket:	a5118-95
court:	njappellate
decided:	1998-01-15
status:	published
citation:	307 N.J.Super. 277
Document Size:	33731

74 A. PFLUGH, INC v. BONLAND INDUSTRIES INC -- rank: 612

... 18A:18A-41 and 18A:18A-46, as well as N.J.S.A. 59:2-3, to establish that it cannot be held liable without violating ...

docket:	a5426-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-19
status:	unpublished
citation:
Document Size:	38710

75 EDWARD T. COYNE et al. v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, VINCENT M. McDANIEL -- rank: 612

... was negligent in the operation of his vehicle, focusing on N.J.S.A. 59:2-3, the judge found no disputes of material fact concerning whether ... decision are considered "one and the same for purposes of [ N.J.S.A. 59:2-3]." 100 N.J. at 496. Therefore, because the decision establishing ...

docket:	A4062-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-19
status:	published
citation:	366 N.J. Super. 578 841 A.2d 962
Document Size:	46823