KLEINKE v. CITY OF OCEAN CITY


147 N.J. Super. 575 (1977)

371 A.2d 785

BERNARD KLEINKE AND CAROL M. KLEINKE, PLAINTIFFS-APPELLANTS, v. CITY OF OCEAN CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, JOHN DOE, AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1977.


Attorney(s) appearing for the Case

Mr. Stuart B. Finifter argued the cause for plaintiffs-appellants (Messrs. Land & Finifter, attorneys).

Ms. Mary M. Reiss argued the cause for defendant-respondent City of Ocean City (Messrs. Cooper, Perskie, Neustadter & Katzman, attorneys; Mr. Lewis B. April, of counsel).

Mr. George W. Fisher, Deputy Attorney General, argued the cause for defendant-respondent State of New Jersey (Mr. William F. Hyland, Attorney General, attorney; Ms. Erminie L. Conley, Deputy Attorney General, of counsel).

Before Judges CARTON, KOLE and LARNER.


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

Plaintiffs appeal from an order denying them permission to file a late notice of claim against the City of Ocean City and the State of New Jersey pursuant to the applicable provision of the New Jersey Tort Claims Act, N.J.S.A. 59:8-9. The application was based upon the affidavit of Bernard Kleinke. Neither defendant presented any evidential material in opposition to the application, and in fact no one...

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