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ROST v. BD. OF ED. OF FAIR LAWN

137 N.J. Super. 76 (1975)

347 A.2d 810

EVAN SETH ROST, AN INFANT BY HIS GUARDIAN AD LITEM, MURRAY ROST AND MURRAY ROST, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. BOARD OF EDUCATION OF THE BOROUGH OF FAIR LAWN, THOMAS CANNITO, FRANK J. MONTALBANO AND OLIVE FOX, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 1975.

Attorney(s) appearing for the Case

Mr. Michael J. Breslin, Jr. argued the cause for appellants.

Mr. Stephen B. Fenster argued the cause for respondents (Messrs. Fenster, Fenster and Farrell, attorneys).

Before Judges ALLCORN, KOLE and GAULKIN.

PER CURIAM.

In this action against the board of education under the Tort Claims Act, N.J.S.A. 59:1-1 et seq., for injuries to the infant plaintiff and for consequential damages to his father, the trial judge dismissed the parent's claim for damages by reason of his failure to give notice thereof to the board within the period of 90 days required by N.J.S.A. 59:8-8 and the one-year time limit for...

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