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Sunday, July 30, 2017

Edan Ben Elazar v. Macrietta Cleaners, Inc. (A-11-16;


 Edan Ben Elazar v. Macrietta Cleaners, Inc. 
(A-11-16; 078079) 

When a plaintiff is injured by a third party and has no reason to believe that another party, specifically a public entity, is responsible, the discovery rule applies to toll the accrual date that triggers the notice-of-claim requirement. Here, it was error for summary judgment to have been granted to the public-entity defendant based on the record presented, because plaintiffs put forward a reasonable basis to support a determination that the claim against the public entity was diligently pursued and notice of claim was timely filed.