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GILBERT v. SETON HALL UNIVERSITY

Docket No. 02-7524.

332 F.3d 105 (2003)

Michael GILBERT, Plaintiff-Appellant, v. SETON HALL UNIVERSITY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2003.

Attorney(s) appearing for the Case

Richard J. Weiner, Nanuet, N.Y., for Plaintiff-Appellant.

Steven Backfisch, Lindabury, McCormick & Estabrook, Westfield, N.J. (Robert J. Avallone, Lewis, Johs, Avallone, Aviles & Kaufman, Melville, N.Y., on the brief), for Defendant-Appellee.

Before: NEWMAN, SACK, and SOTOMAYOR, Circuit Judges.

Judge SOTOMAYOR dissents with a separate opinion.

JON O. NEWMAN, Circuit Judge.

This appeal concerns choice of law with respect to charitable immunity. The specific issue is whether New York, the forum state, would apply New Jersey law, which preserves charitable immunity, or the law of New York or Connecticut, both of which have abolished such immunity, to a tort claim brought against a New Jersey university by a...

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