Search Rutgers Law Library N.J. Court Opinions

1 H.C. Equities, LP v. County of Union -- rank: 1000

... H.C. Equities argued that there were extraordinary circumstances under N.J.S.A. 59:8-9. The trial court held that H.C. Equities’ claims against ... for leave to file a late tort claims notice under N.J.S.A. 59:8-9 to be untimely, and stated that the cross- motion presented ... the public employee has not been substantially prejudiced thereby.” N.J.S.A. 59:8-9. After the expiration of that one-year period to file ... consequent action at law must fail. A claimant applying under N.J.S.A. 59:8-9 for leave to file a late notice of claim must show “sufficient reasons constituting extraordinary circumstances.” N.J.S.A. 59:8-9. Through the Tort Claims Act’s notice of claim provisions ... for leave to file a late notice of claim under N.J.S.A. 59:8-9 was March 8, 2018. But its cross-motions seeking ...

docket:	a-1-2-20
court:	NJ Supreme Court
decided:	2021-07-19
status:
citation:
Document Size:	70949

2 Michael McDade, et al. v. Rodolfo Siazon, et al. -- rank: 974

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9, the Township’s claims administrator sent McDade a letter stating ... motion for leave to file a late notice of claim, N.J.S.A. 59:8-9. Because the discovery rule does not obviate the need to ... that discretionary judicial relief may be necessary in appropriate cases. N.J.S.A. 59:8-9 permits a claimant who failed to file a timely notice ... one year after the accrual of the cause of action, N.J.S.A. 59:8-9 permits the filing of a motion for leave to file ... for leave to file a late notice in accordance with N.J.S.A. 59:8-9, can pursue a claim against a public entity. Plaintiffs Michael ... leave to file a late tort claim notice pursuant to N.J.S.A. 59:8-9, plaintiffs served an untimely “amended” notice upon the ...

docket:	A-59-10
court:	NJ Supreme Court
decided:	2011-09-27
status:
citation:
Document Size:	81305

3 John Rogers v. Cape May County Office of the Public Defender -- rank: 953

... defendant’s claim to the one-year time-bar in N.J.S.A. 59:8-9 and the latter would not. 2 On September 11 , 2008 ... filed within one year after accrual of a claim under N.J.S.A. 59:8-9; “exoneration,” and therefore accrual, occurred on October 23 ... thus not barred by the one-year filing limitation in N.J.S.A. 59:8-9. Nevertheless, because the claim was filed ten days beyond the ... required to determine whether the “extraordinary circumstances” standard in N.J.S.A. 59:8-9 was satisfied. 1. Claims for damages against defendants -- a public ... except as otherwise provided in section 59:8-9 . . . .” N.J.S.A . 59:8-9 provides, “A claimant who fails to file notice of ... July 14, 2009, within the one-year window provided in N.J.S.A. 59:8-9. In order for that motion to succeed, Rogers had ...

docket:	A-63-10
court:	NJ Supreme Court
decided:	2011-12-05
status:
citation:
Document Size:	64317

4 Twanda Jones v. Morey Pier, Inc. -- rank: 911

... granted leave to file a late notice of claim under N.J.S.A. 59:8-9, the Tort Claims Act bars that defendant’s cross-claim ... claim, on a showing of “extraordinary circumstances,” under N.J.S.A. 59:8-9. A plaintiff that is aware of a potential cause of ... death, her father was also a New Jersey resident. 3 N.J.S.A. 59:8-9 authorizes a claimant, “within one year after the accrual ... public entity will not be “substantially prejudiced thereby.” N.J.S.A. 59:8-9; see also D.D. , supra , 213 N.J. at 134-35 (applying N.J.S.A. 59:8-9); McDade v. Siazon , 208 N.J. 463, 477 (2011) (same ... plaintiffs nor the Morey defendants filed an application pursuant to N.J.S.A. 59:8-9. 4 The common-law indemnification claim asserted by the ...

docket:	A-75-15
court:	NJ Supreme Court
decided:	2017-07-27
status:
citation:	230 N.J. 142 165 A.3d 769
Document Size:	127291

5 D.D. v. University of Medicine and Dentistry of New Jersey -- rank: 904

... found “extraordinary circumstances” to permit a late notice under N.J.S.A. 59:8-9. The trial court considered plaintiff’s medical conditions, that plaintiff ... a claim’s accrual or “be forever barred.” N.J.S.A. 59:8-9 permits a claimant who fails to file the notice within ... by the statute for filing of the notice of claim. N.J.S.A. 59:8-9. Second, we address whether a claim that was reported only ... of tort claim against defendants Rutgers and UMDNJ pursuant to N.J.S.A. 59:8-9. Plaintiff’s motion was supported by a certification in which ... leave to file a late notice of tort claim, see N.J.S.A. 59:8-9, was granted. In a written opinion expressing the basis for ... one-year period allowed by the statute for that purpose, N.J.S.A. 59:8-9, and that the motion could be granted upon a ...

docket:	A-29-30
court:	NJ Supreme Court
decided:	2013-03-12
status:
citation:
Document Size:	136220

6 D.D v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 873

... to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9. 2 We affirm. The relevant factual background was summarized by ... file a late notice should be granted, the court quoted N.J.S.A. 59:8-9, which provides an exception to the ninety-day time limit ... of the injury which was fixed as November 24, 2009. N.J.S.A. 59:8-9 provides in relevant part: A claimant who fails to file ... standard for granting such relief codified by the Legislature in N.J.S.A. 59:8-9. Because this approach eviscerates the clear mandate of the Legislature ... of court to file a late notice of claim under N.J.S.A. 59:8-9, which provides: A claimant who fails to file notice of ... court to file a late notice of claim pursuant to N.J.S.A. 59:8-9. Ibid. The trial court granted the plaintiff's motion. ...

docket:	a5418-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	unpublished
citation:
Document Size:	61715

7 /usr/local/share/www/libweb/collections/courts/appellate/a3113-17.opn.html -- rank: 873

... tort claim beyond the ninety-day period as permitted by N.J.S.A. 59:8-9. See D.D., 213 N.J. at 146-47 (explaining the N.J.S.A. 59:8-9 standard for obtaining leave to file a late notice of ... file a late notice of tort claim in accordance with N.J.S.A. 59:8-9. A-3113-17T1 21 has been given in a way ...

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court:
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Document Size:	73588

8 W.S. v. Derek Hildreth -- rank: 873

... ’s refiling it to comply with the requirements of N.J.S.A. 59:8-9 within ninety days of the accrual of his cause of ... ’s refiling it to comply with the requirements of N.J.S.A. 59:8-9 -- that is, “supported by affidavits based upon personal knowledge ... employee,” id. at (a), subject to limited exceptions, see N.J.S.A. 59:8-9. However, Section 8 of Chapter 120 specifically amended the TCA ... after “the date notice of claim is received,” N.J.S.A. 59:8-9 discusses “[a]pplication to the court for permission to ... additional time, rather than the underlying claim itself: pursuant to N.J.S.A. 59:8-9, if there are “sufficient reasons constituting extraordinary circumstances” for ... pointed to N.J.S.A. 59:8-8 and N.J.S.A. 59:8-9 for support. But neither defines the term “action ...

docket:	a-46-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-18
status:
citation:
Document Size:	56350

9 D.D v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY -- rank: 873

... to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9. 2 We affirm. The relevant factual background was summarized by ... file a late notice should be granted, the court quoted N.J.S.A. 59:8-9, which provides an exception to the ninety-day time limit ... of the injury which was fixed as November 24, 2009. N.J.S.A. 59:8-9 provides in relevant part: A claimant who fails to file ... standard for granting such relief codified by the Legislature in N.J.S.A. 59:8-9. Because this approach eviscerates the clear mandate of the Legislature ... of court to file a late notice of claim under N.J.S.A. 59:8-9, which provides: A claimant who fails to file notice of ... court to file a late notice of claim pursuant to N.J.S.A. 59:8-9. Ibid. The trial court granted the plaintiff's motion. ...

docket:	a5676-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	unpublished
citation:
Document Size:	61715

10 Pamela O’Donnell v. New Jersey Turnpike Authority -- rank: 865

... 12-3. The Court considers whether extraordinary circumstances exist under N.J.S.A. 59:8-9 to permit the untimely filing of a notice of claim ... for leave to file a late notice of claim under N.J.S.A. 59:8-9, which permits a claimant to apply to the court for ... to file a late notice of claim under certain circumstances: N.J.S.A. 59:8-9 permits a claimant to apply for leave to serve a ... permitted to file her notice of claim late pursuant to N.J.S.A. 59:8-9 because extraordinary circumstances existed. We are asked to determine whether extraordinary circumstances exist under N.J.S.A. 59:8-9 to permit the untimely filing of a notice of claim ... for leave to file a late notice of claim under N.J.S.A. 59:8- 9, which permits a claimant to apply to the court ...

docket:	a-69-17
court:	New Jersey Supreme Court
decided:	2018-01-14
status:
citation:
Document Size:	52010

11 R.A. v. WEST ESSEX REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION -- rank: 854

... substantially prejudiced. Ben Elazar, 230 N.J. at 133 (citing N.J.S.A. 59:8-9); see also O'Donnell v. N.J. Tpk. Auth., 236 ...

docket:	a0329-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-01
status:	Unpublished
citation:
Document Size:	84050

12 LYUMILA BLANK VS CITY OF ELIZABETH, ET AL -- rank: 849

... from an order of the Law Division entered pursuant to N.J.S.A. 59:8-9 permitting plaintiff Lyudmila Blank to file a late notice of ... motion for leave to file a late claim pursuant to N.J.S.A. 59:8-9 was filed less than a month later. ����In his certification ... N.J. Turnpike Authority , 73 N.J. 107 , 122 (1977). N.J.S.A. 59:8-9 was, however, amended by L. 1994, c. 49, ��5, to ... court. Both were apparently aware that the 1994 amendment of N.J.S.A. 59:8-9 imposed a strict requirement upon the plaintiff to show, and ... 1967)). We do not believe that the 1994 amendment of N.J.S.A. 59:8-9 diminishes the vitality of that principle. The amendment prescribes a ... amendment makes no substantial change in the original requirement of N.J.S.A. 59:8-9 that late-notice relief be accorded by the court ...

docket:	a2905-97
court:	njappellate
decided:	1999-01-29
status:	published
citation:	<a href=
Document Size:	42173

13 ROBERT VOLKER v. OCEAN TOWNSHIP -- rank: 841

... of time to serve a notice of claim pursuant to N.J.S.A. 59:8-9 and to deem his notice of claim timely served. Because ... years from the time of the accrual of the claim. [ N.J.S.A. 59:8-9 (emphasis added).] Because a decision to permit a late claim ... whether the plaintiff's proofs satisfy the require�ments of N.J.S.A. 59:8-9 presents a question of law sub�ject to our ple ... 164 N.J. 74 , 78 (2000) ("As a threshold requirement, [ N.J.S.A. 59:8-9] requires a claimant seeking leave to file a late claim ... supported by affidavits based upon personal knowledge of the affiant." N.J.S.A. 59:8-9. Here, there was no affidavit from plaintiff himself. Rather, his ... claim should be allowed). "Accrual of the claim" pursuant to N.J.S.A. 59:8-9 is construed in accordance with the definition of that ...

docket:	a0527-07
court:	NJ Superior Court Appellate Division
decided:	2009-01-28
status:	unpublished
citation:
Document Size:	69100

14 EARTHA BUTLER v. BADR SCHOOL -- rank: 836

... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9. After hearing argument, the court granted the City's motion ... time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9 . . . shall . . . be deemed a final judgment of the court for ... s ninety-day requirement, however, is in part alleviated by N.J.S.A. 59:8-9, Rogers, 208 N.J. at 420-21, which 'permits a ... is a nullity and does not constitute substantial compliance with' N.J.S.A. 59:8- - 9. Rogers, 208 N.J. at 427 (quoting Margolis & Novack, Claims Against Public A-1099-19 8 Entities, comment on N.J.S.A. 59:8-9 (2011)); see also Priore v. State, 190 N.J. Super ... of the accrual of plaintiff's claim in accordance with N.J.S.A. 59:8-9, and, as a result, the motion court was 'without ...

docket:	a1099-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-09
status:	Unpublished
citation:
Document Size:	30755

15 AHMAAD GRIFFIN v. CITY OF NEWARK -- rank: 810

... 2019, 3 the court should grant him leave pursuant to N.J.S.A. 59:8-9 to file a late notice of claim because of a ... leave to file a late notice of claim pursuant to N.J.S.A. 59:8-9: [I]f there ever was a case that says extraordinary ... file a Notice of Claim out of time pursuant to N.J.S.A. 59:8-9 is hereby GRANTED.' The parties have different views of the ... of accrual of the claim except as otherwise provided in [ N.J.S.A.] 59:8-9 . . . . [N.J.S.A. 59:8-8.] N.J.S.A. 59:8-9 provides that [a] claimant who fails to file notice of ... decide whether extraordinary circumstances exist justifying a late notice' under N.J.S.A. 59:8- 9.' Ibid. (quoting Beauchamp, 164 N.J. at 118-19). ...

docket:	a1100-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-12
status:	Unpublished
citation:
Document Size:	54614