ESTATE OF JAMES MCGRATH, JR., BY HIS EXECUTRIX, JEAN MCGRATH, AND 1200 OTHER INJURED RESIDENTS OF THE PASSAIC RIVER BASIN, PLAINTIFFS,
v.
NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION, ET AL., DEFENDANTS.
Superior Court of New Jersey, Law Division Passaic County.https://leagle.com/images/logo.png
Decided October 17, 1986.
Decided October 17, 1986.
Attorney(s) appearing for the Case
Michael Gordon and Harrison J. Gordon for Plaintiffs (Gordon and Gordon, attorneys).
Edwin R. Matthews for Defendants Borough of Pompton Lakes, Mayor Charles C. Romain, Jr., Chief of Police Joseph Sisco, Planning Board and Board of Adjustment (Budd, Larner, Gross, Picillo, Rosenbaum, Greenberg & Sade, attorneys).
Victor A. Rotolo for Defendants Township of Pequannock, Elizabeth A. Cass, Mayor; Belwyn Harper, Chief of Police; William M. Hutchinson, Township Engineer; John Szabo, Township Planner; Township of Pequannock Board of Adjustment; Township of Pequannock Planning Board; Robert Ferritti, Pequannock Township Sub Code Official; W. Jay Wanczyak, Emergency Management Coordinator (R. Gregory Leonard, Victor A. Rotolo, attorneys).
Genise Titch for Defendants County of Essex; Peter Shapiro, Essex County Executive; Luna Mishoe, Director, Essex County Division of Planning (David H. Ben-Asher, attorney).
Stephen C. Orosz for Defendant E. Eugene Oross Associates (Puskas & Orosz, attorneys).
John S. Fitzpatrick for Defendants County of Passaic; James Iandoli, Civil Defense Director; Sally Tate, Deputy Civil Defense Coordinator; Thomas Farina, County Engineer and James Rogers, County Planner (Haggerty & Donohue, attorneys).
Michael J. Frank for Defendants Township of Wayne; Planning Board; Board of Adjustment; Walter J. Jasinski, Mayor; Robert H. Pringle, Chief of Police; Donald Giles, Town Planner; Thomas Mullaney, Municipal Disaster Control Director and Milton Muss (formerly Township Engineer) (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn and Lisowski, attorneys).
Philip F. Mattia for Defendants Passaic Valley Water Commission and Wendell Inhoffer, Chief Operating Officer (DeYoe, Heissenbuttel and Mattia, attorneys).
Michael Muscio for Defendants Borough of Lincoln Park; Stephen Marabeli, Mayor; Susan Small (Director of Development); Board of Adjustment; Planning Board and Jack Desch, Borough Engineer.
George G. Frino for Defendant North Jersey District Water Supply Commission (DeCotiis, Frino and Lundsten, attorneys).
Mark J. Nelson for Defendant Borough of Pompton Lakes (Vaccaro, Osborne, Curran & Murphy, attorneys).
Raymond T. Coughlin for Defendant Passaic Valley Sewerage Commission (Lamb, Hartung, Gallipoli & Coughlin, attorneys).
Joseph P. Skripek for Defendant Township of Fairfield (Barbaris & Skripek, attorneys).
Donald S. Maclachlan for Defendant County of Morris (Connell, Foley & Geiser, attorneys).
Patrick J. Richardson for Defendants State of New Jersey, New Jersey Department of Environmental Protection; Robert E. Hughey, Commissioner; John W. Gaston, Director of Division of Water Resources; William A. Whipple, Assistant Director; Dirk C. Hoffman, Deputy Director; New Jersey Office of Emergency Management; New Jersey Department of Transportation; John P. Sheridan, Commissioner; Harold Spedding, Division of State Police. (Attorney General W. Cary Edwards, attorney).
Anthony C. Stuart for plaintiffs In Defense Of The Counterclaim Robert E. Ryan and Catherine M. Ryan, his spouse, individually and their minors, Wendy Ryan and Sean Ryan, by their guardian or natural parents. (Sellar, Richardson & Stuart, attorneys).
Superior Court of New Jersey, Law Division Passaic County.
OPINION
SAUNDERS, J.S.C.
Plaintiffs have filed Motions requesting an Order declaring that plaintiffs' Notices of Claims filed pursuant to N.J.S.A. 59:8-1 et seq. to be timely filed and to permit the filing of late Notices of Claims pursuant to N.J.S.A. 58:8-9 on behalf of 26 plaintiffs. Defendants have filed a Motion to Dismiss the Complaint by reason of plaintiffs' failure to comply with the Tort Claims Act. Defendants have alternatively requested...
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