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SPEER v. ARMSTRONG

168 N.J. Super. 251 (1979)

402 A.2d 963

EDITH SPEER AND JOHN SPEER, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. ROBERT ARMSTRONG AND GERALDINE ARMSTRONG, HIS WIFE, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. BOROUGH OF CALDWELL, SHADE TREE COMMISSION OF BOROUGH OF CALDWELL AND XYZ COMMISSION OF THE BOROUGH OF CALDWELL, THIRD-PARTY DEFENDANTS AND RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 18, 1979.

Attorney(s) appearing for the Case

Mr. Stephen S. Weinstein argued the cause for appellants (Messrs. Weinstein & Korn, attorneys; Ms. Gail S. Boertzel, on the brief).

Mr. Eugene M. Purcell argued the cause for third-party plaintiffs (Messrs. Purcell, Ries & Shannon, attorneys).

Mr. John S. Fitzpatrick argued the cause for respondents (Messrs. Haggerty & Donohue, attorneys).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by PRESSLER, J.A.D.

This appeal raises a narrow but novel problem of construction of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., and, more specifically, of the late notice provision of N.J.S.A. 59:8-9 in the context of third-party practice. The question before us is whether a plaintiff can be deemed to be in substantial compliance with the one...

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