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LUTZ v. TOWNSHIP OF GLOUCESTER

153 N.J. Super. 461 (1977)

380 A.2d 280

PHYLLIS LUTZ, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF GLOUCESTER, DEFENDANT-APPELLANT, AND CAMDEN COUNTY HIGHWAY DEPARTMENT, DEFENDANT, v. EUGENE LUTZ, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 12, 1977.

Attorney(s) appearing for the Case

Mr. Edgar E. Moss, II argued the cause for defendant-appellant (Messrs. Moss, Powell & Powers, attorneys; Mr. Philip R. Lezenby, Jr., on the brief).

Mr. Jeffrey Keiser argued the cause for plaintiff-respondent (Messrs. Ballen and Cohen, attorneys; Mr. Arthur E. Ballen, of counsel; Mr. Ronald G. Rubin on the brief).

No appearance for third-party defendant.

Before Judges HALPERN, LARNER and KING.

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

Defendant is before us by virtue of leave to appeal heretofore granted pursuant to R. 2:2-4. The appeal involves the propriety of an order permitting the late filing of a claim with a municipal entity pursuant to the provisions of the Tort Claims Act. N.J.S.A. 59:8-8 and 9. As a condition precedent to the institution of suit against a public entity, a claimant is required to file a claim with that...

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