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MOON v. WARREN HAVEN NURSING HOME

867 A.2d 1174 (2005)

182 N.J. 507

Tammy MOON, Individually and as Administratrix of the Estate of Roberta Smith, Plaintiff-Respondent, and Charlene Mickalowski and Thomas Hart, Plaintiffs, v. WARREN HAVEN NURSING HOME and County of Warren, Defendants-Appellants, and John Does/Jane Does, fictitious Individuals/entities, Defendants.

Supreme Court of New Jersey.

Decided March 8, 2005.

Attorney(s) appearing for the Case

Nancy C. Gage, Assistant County Counsel, argued the cause for appellants (Joseph J. Bell, Jr., Warren County Counsel, attorney).

Jeffrey M. Russo, San Francisco, CA, argued the cause for respondent.

Karen L. Jordan, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

Justice ZAZZALI delivered the opinion of the Court.

This appeal presents a procedural question concerning a public entity's right to appeal an order granting a motion to file a late notice of claim under the New Jersey Tort Claims Act. We must determine whether such an order is a final judgment from which a public entity may appeal as of right or an interlocutory judgment from which a party may appeal only in the discretion...

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