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Wednesday, November 17, 2010

MENDEZ V. SOUTH JERSEY TRANSPORTATION, ET AL. and FELIX V. MENDEZ, ET AL. A-3403-09T2/A-3409-09T2

MENDEZ V. SOUTH JERSEY TRANSPORTATION, ET AL. and

FELIX V. MENDEZ, ET AL.

A-3403-09T2/A-3409-09T2 (consolidated) 11-04-10

We consider whether "extraordinary circumstances" existed

for the extension of the ninety-day Tort Claims deadline,

N.J.S.A. 59:8-9, where plaintiffs' attorneys waited until they

viewed the videotape depicting events relating to the motor

vehicle accident, which they diligently requested, before filing

the claims notices. The motion judge found such circumstances

did exist. We agree.