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Sunday, July 25, 2021

H.C. Equities, LP v. County of Union (084556) (Middlesex County & Statewide) (A-1/2-20

H.C. Equities, LP v. County of Union (084556) (Middlesex County & Statewide) (A-1/2-20; 084556)

A finding of substantial compliance with the Tort Claims Act cannot be premised on comments made by plaintiff’s counsel in three different letters sent to lawyers representing the defendant public entities. H.C. Equities’ letters, individually or collectively, did not communicate the core information that a claimant must provide to a public entity in advance of filing a tort claim. See N.J.S.A. 59:8-4. H.C. Equities did not comply with the notice of claim provisions of the Tort Claims Act or file a timely motion to submit a late claim, and the trial court was correct when it granted the motion of the Authority to dismiss H.C. Equities’ claims against it, and the motion of the County to dismiss H.C. Equities’ tort claims.