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Failure to Serve Tort Claims Notice by Third Party Plaintiff On a Third Party Defendant Is Fatal to Third Party Complaint

In McConnachie v. Bridgewater-Raritan Regional School District (A-1380-20), the Appellate Division affirmed a decision by the trial court to dismiss a third party complaint for failure to timely serve a notice of tort claim.  The material in this law alert has been prepared for our readers by Marshall Dennehey .

There may be risk in beginning snow removal efforts before storm has stopped, but this can be defeated if shown that snow removal work did not exacerbate conditions.

The Second Department held that a property owner was entitled to summary judgment in a case involving a slip and fall on snow and ice under the Storm in Progress Doctrine, which states that a property owner is not liable for a snow and ice conditi Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole

Appellate court may tend to exclude summary judgment even if plaintiff cannot identify with specificity the defect that caused accident.

This case concerns a fall by the plaintiff at her daughter’s bowling tournament. The plaintiff fell on her way to the restroom over what she described as a raised divot, seam, bump or crack which could not actually be seen with the eye. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole