Supreme Court of New Jersey

Michael McDade and Pamela McDade, Plaintiffs-Appellants v. Rodolfo Siazon, Auroro Siazon, County of Atlantic, and…

December 22, 2011208 N.J. 463

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s judgment that the discovery rule does not toll the accrual date for the purpose of the ninety‑day notice requirement under the Tort Claims Act. Because the plaintiffs failed to serve a timely notice of claim and did not seek leave to file a late notice, their claim against the municipal utility authority is barred, and equitable estoppel does not apply.