Search Rutgers Law Library N.J. Court Opinions

1 CRYSTAL ICE-BRIDGETON LLC v. CITY OF BRIDGETON -- rank: 1000

... whether or not such authorization should be issued." See also N.J.S.A. 59:2-5 (same language applying to public entities). Similarly, a public employee ...

docket:	a1687-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-13
status:	Published
citation:	428 N.J.Super. 576 54 A.3d 848
Document Size:	33319

2 WILSON X. BEZERRA v. FRANK DELORENZO -- rank: 987

... State , 76 N.J. 515 , 521 (1978), the Court construed N.J.S.A. 59:2-5, which grants public entities permitting immunity like that granted public ... to judicial review. Id. at 20-21 (citing Comment for N.J.S.A. 59:2-5, Report of the Attorney General's Task Force on Sovereign ...

docket:	a1149-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-07
status:	unpublished
citation:
Document Size:	75860

3 MARC J. MIGNANO v. JIM SULLIVAN, INC. -- rank: 944

... the contaminated property. Such actions are immune from liability under N.J.S.A. 59:2-5, which provides that: [a] public entity is not liable for ... acts be classified as discretionary or ministerial." Id. at 520. N.J.S.A. 59:2-5 therefore precludes the trial court's finding of liability based ...

docket:	a2995-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	125617

4 I'ASIA MORELAND v. Estate of WILLIAM PARKS -- rank: 935

... the provision of adequate governmental services' (emphasis added) and by N.J.S.A. 59:2-5, an immunity not referenced by the trial court but asserted ...

docket:	a1645-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-28
status:	Unpublished
citation:
Document Size:	53343

5 ANTHONY SCHANZ v. TOWNSHIP OF WINSLOW -- rank: 892

... N.J.S.A. 59:2-3(a) 1 or N.J.S.A. 59:2-5 2 is that "the radius of the curve at the ... provide ordinary traffic signals, signs, markings or other similar devices." N.J.S.A. 59:2-5. This archive is a service of Rutgers School of Law ...

docket:	a6056-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-06
status:	unpublished
citation:
Document Size:	50829

6 MICHAEL BESSASPARIS v. THE TOWNSHIP OF BRIDGEWATER -- rank: 889

... to regulate by ordinance vehicle-towing operations and quoting from N.J.S.A 59:2- 5, the portion of the TCA that makes a public entity ... N.J.S.A 40:48-2.49 and quoting N.J.S.A. 59:2-5. As to the second count, the court also held that ... of plaintiffs' complaint based in part on its finding that N.J.S.A 59:2-5 provided defendants with licensing immunity from those claims. The court ... § 1983 claim in the second count. On its face, N.J.S.A. 59:2-5 is inapplicable to plaintiffs' causes of action that do not ... See Ball, 207 N.J. Super. at 110-11 (holding N.J.S.A. 59:2-5 immunity did not apply because culpable act was not the ... N.J. Super. 440, 449-450 (App. Div. 1977) (applying N.J.S.A. 59:2-5 immunity in personal-injury case). Courts consistently have rejected ...

docket:	a1040-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-06
status:	Unpublished
citation:
Document Size:	41772

7 FAMOUS RIVERA v. CITY OF PLAINFIELD BLACK UNITED FUND -- rank: 847

... determined that Plainfield was entitled to the immunities conferred by N.J.S.A. 59:2-5 and N.J.S.A. 59:5-4. Plaintiffs timely ... also argued that Plainfield was not entitled to immunity under N.J.S.A. 59:2-5, because it issued a permit when it knew or should ... to determine whether or not such authorization should be issued." N.J.S.A. 59:2-5. This immunity attaches to all phases of the licensing function ... 449-50 (App. Div. 1977), we rejected the contention that N.J.S.A. 59:2-5 did not apply to bar a claim based upon the ... Ibid. The State sought to invoke the immunity provided by N.J.S.A. 59:2-5, since it had issued a permit to the private utility ... not intend to confer immunity on a public body under N.J.S.A. 59:2-5 for injuries sustained by virtue of a dangerous condition ...

docket:	a4558-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-03
status:	Published
citation:
Document Size:	35200

8 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 HABITATE, LLC and THOMAS MA -- rank: 804

... bar plaintiffs' claims against Bridgeton. 1 Bridgeton further asserts that N.J.S.A. 59:2-5 applies. That section of the TCA grants immunity against injuries ...

docket:	a2296-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-17
status:	unpublished
citation:
Document Size:	46179

9 CITADEL FEDERAL CREDIT UNION v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 776

... to dismiss with prejudice based on the immunity afforded in N.J.S.A. 59:2-5. In opposition, plaintiff argued that MVC is not protected from ... not such authorization should be issued, denied, suspended or revoked. [ N.J.S.A. 59:2-5 (emphasis added).] 3 The record reflects that Sutton filed a ... e). 4 A-4655-16T4 '[T]he immunity granted in N.J.S.A. 59:2-5 is pervasive and applies to all phases of licensing function ... entity to whom the immunity extends . . . .' Ibid. The Comment to N.J.S.A. 59:2-5 instructively states: This immunity is necessitated by the almost unlimited ... Corp. v. Cliffside Park, 48 N.J. 214 (1966). [Comment, N.J.S.A. 59:2-5.] 'Licensing activity is a vital exercise of governmental authority' and ... purpose of the 5 A-4655-16T4 immunity [codified at N.J.S.A. 59:2-5] is to protect the licensing function and permit it ...

docket:	a4655-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-21
status:	unpublished
citation:
Document Size:	24700

10 JACK NEWMAN, et al. v. EUGENE NEWMAN -- rank: 764

... revoked. [ N.J.S.A. 59:3-6.] See also N.J.S.A. 59:2-5. Nevertheless, N.J.S.A. 59:3-14a provides that ...

docket:	a6710-03
court:	njappellate
decided:	2006-05-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	156229

11 /usr/local/share/www/libweb/collections/courts/appellate/a0822-19.opn.html -- rank: 752

... he Borough and County's belief [is] based in law. N.J.S.A. 59:2-5 provides public entities are [ ] ' not liable for an injury caused ... for compensatory damages against them based on immunities afforded by N.J.S.A. 59:2-5. In support, he cites N.J.S.A. 59:1 ... immunity to the A-0822-19 11 governmental bodies under N.J.S.A. 59:2-5. This immunity is 'pervasive and applies to all phases of ...

docket:
court:
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citation:
Document Size:	23520

12 ROOSTER BAR LLC. v. BOROUGH OF CLIFFSIDE PARK -- rank: 740

... barred by the immunity conferred upon a public entity under N.J.S.A. 59:2-5; and (2) of the fourteen occurrences of alleged wrongful conduct ... to determine whether or not such authorization should be issued . . . ." N.J.S.A. 59:2-5. Finally, we reject plaintiffs' argument that summary judgment was inappropriate ...

docket:	a1022-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-01
status:	unpublished
citation:
Document Size:	28161

13 GEORGE R. BUNERO v. CITY OF JERSEY CITY -- rank: 740

... by finding that the State was entitled to immunity under N.J.S.A. 59:2-5 for licensing activities. Id. at 108-09. We stated that ...

docket:	a4438-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-03
status:	unpublished
citation:
Document Size:	34177

14 CALM DEVELOPMENT, INC v. BOROUGH OF ALLENDALE -- rank: 718

... J.S.A. 59:1-1 [to :12-3]. Specifically, N.J.S.A. 59:2-5, provides, A public entity is not liable for an injury ...

docket:	a3640-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-25
status:	unpublished
citation:
Document Size:	44142

15 EDWARD TEMPESTA, et al. v. CITY OF JERSEY CITY, et al. -- rank: 715

... City is immune from liability for Regan's action under N.J.S.A. 59:2-5, issuing an authorization; and N.J.S.A. 59:2 ...

docket:	A3811-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-15
status:	unpublished
citation:
Document Size:	61933