Housing Authority v. Sagner

The opinion of the court was delivered by

Hoen, J. A. D.

This appeal raises a single issue — whether the Contractual Liability Act, N. J. S. A. 59:13-1 et seq., is applicable to an action brought by a public entity against the State. The trial judge held that it was applicable and dismissed the complaint because of plaintiff’s failure to comply with N. J. S. A. 59:13-10, which provides :

*33559:13-10. Claims affected by this chapter

The time limitations contained in section 5 of this chapter shall not apply to those claims accruing prior to the effective date of this chapter; provided, however, that…