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VELEZ v. CITY OF JERSEY CITY

850 A.2d 1238 (2004)

180 N.J. 284

Nancy VELEZ, Plaintiff-Respondent, v. CITY OF JERSEY CITY, County of Hudson, ABC Corp. (said name being fictitious and unknown), ABC Company (said name being fictitious and unknown), DEF Corp. (said name being fictitious and unknown), John Doe (said name being fictitious and unknown), John Roe (said name being fictitious and unknown) and Roe Doe (said name being fictitious and unknown), Defendants, and Arnold Bettinger, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 29, 2004.

Attorney(s) appearing for the Case

John L. Shahdanian, II, Secaucus, argued the cause for appellant (Chasan, Leyner, Bariso & Lamparello, attorneys; Ralph J. Lamparello, of counsel).

Cynthia Gill, Teaneck, argued the cause for respondent (Davis, Saperstein & Salomon, attorneys).

Karen L. Jordan, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel).

Justice WALLACE delivered the opinion of the Court.

The issue in this appeal is whether the notice of claim requirements under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, apply to common law intentional tort claims. The Appellate Division held that the Act's notice requirements did not apply to plaintiff's assault and battery claim against defendant, who is a public employee. Velez v. City of Jersey City, 358 N...

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