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SMALL v. DEPARTMENT OF CORRECTIONS

243 N.J. Super. 439 (1990)

579 A.2d 1263

LESTER SMALL, PLAINTIFF-APPELLANT, v. DEPARTMENT OF CORRECTIONS, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 30, 1990.

Attorney(s) appearing for the Case

Albert B. Kahn, Jr., P.A., attorneys for appellant (Albert B. Kahn, Jr., of Counsel, on the brief and reply brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Michael R. Clancy, Assistant Attorney General, of Counsel; Madeleine W. Mansier, Deputy Attorney General, on the brief).

Before Judges DEIGHAN and BROCHIN.

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

The issue here is whether the trial court erred in dismissing the complaint of plaintiff Lester Small, an inmate of the Trenton State Prison, for a personal injury claim under the Tort Claims Act, N.J.S.A. 59:1-1 et seq. The complaint was dismissed for failure to file a notice of claim within 90 days and to file a complaint within two years of the date on which his cause of action accrued, as...

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