NJ Appellate Division Denies Late Notice Of Claim.
September 28, 2009
In Parkside Cab Corp. v. Medley, plaintiff, Parkside Cab appealed from the denial of its motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act. The claim arose out of an accident wherein defendant, Medley , was operating a vehicle owned by defendant, New Jersey Department of Treasury, which collided with plaintiff's vehicle. In its motion, plaintiff asserted that it assumed that the accident involved the United States Department of Treasury rather than the State. The Appellate Division affirmed the denial of leave to file late notice finding that even the most cursory of inquiry would have revealed that the vehicle, registered in New Jersey , with New Jersey license plates, was state owned rather than federally owned.