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LAMB v. GLOBAL LANDFILL RECLAIMING

111 N.J. 134 (1988)

543 A.2d 443

BERNARD LAMB ET AL., PLAINTIFFS-APPELLANTS, v. GLOBAL LANDFILL RECLAIMING, ET AL., DEFENDANTS, AND STATE OF NEW JERSEY; BOROUGH OF CARTERET; CITY OF ELIZABETH; BOROUGH OF ENGLISHTOWN; TOWNSHIP OF MARLBORO; BOROUGH OF METUCHEN; BOROUGH OF MIDDLESEX; TOWNSHIP OF MIDDLETOWN; TOWNSHIP OF OLD BRIDGE; NEW JERSEY TURNPIKE AUTHORITY; CITY OF RAHWAY; BOROUGH OF ROSELLE PARK; BOROUGH OF SAYREVILLE; CITY OF SOUTH AMBOY; AND BOROUGH OF SPOTSWOOD, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 19, 1988.

Attorney(s) appearing for the Case

Thomas F. Chansky argued the cause for appellants (Lynch, Martin & Philibosian, attorneys; John G. Cito, on the brief).

Dennis A. Estis argued the cause for respondents Borough of Carteret, et al. (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys; Dennis A. Estis and Stasha W. Cohen, on the brief).

Jerome J. Convery, Township Attorney, argued the cause for respondent Township of Old Bridge.

James J. Ciancia, Assistant Attorney General, argued the cause for respondent State of New Jersey (Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Scott E. Rekant, Deputy Attorney General, on the brief).

Louis N. Rainone submitted a letter in lieu of brief on behalf of respondent Borough of Sayreville.

The opinion of the Court was delivered by GARIBALDI, J.

This interlocutory matter requires the Court to determine whether the trial court abused its discretion by permitting plaintiffs in a toxic tort action to file a notice of late claim pursuant to § 59:8-9 of the New Jersey Tort Claims Act (the "Act"), N.J.S.A. 59:1-1 to 12-3. The Appellate Division reversed the judgment of the trial court, finding that plaintiffs...

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