McDade v. Siazon

The New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 13-10, imposes strict requirements updn litigants seeking to file claims against public entities. Under N.J.S.A. 59:8-8, a claimant must file a notice of claim upon a public entity or public employee “not later than the ninetieth day after accrual of the cause of action.” N.J.S.A. 59:8-8. The Legislature, however, has created a mechanism for obtaining discretionary relief from the strict ninety-day deadline; within 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 a late notice.…