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ROMEO v. SETON HALL UNIVERSITY

875 A.2d 1043 (2005)

378 N.J. Super. 384

Anthony ROMEO, individually and on behalf of himself and student applicants for "TRUTH," a gay and lesbian student organization denied Provisional Recognition by Seton Hall University, Plaintiff-Respondent, v. SETON HALL UNIVERSITY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 2005.

Attorney(s) appearing for the Case

Marc D. Haefner, Roseland, argued the cause for appellant (Connell Foley, attorneys; Mr. Haefner, of counsel; Dania M. Billings, on the brief).

Thomas D. Shanahan argued the cause for respondent (Shanahan & Associates and Marianne F. Auriemma, attorneys; Mr. Shanahan and Ms. Auriemma, on the brief).

Before Judges PETRELLA, YANNOTTI and BILDER.

The opinion of the court was delivered by

PETRELLA, P.J.A.D.

Defendant Seton Hall University appeals, on leave granted, from an order of the Law Division, which reinstated the complaint of plaintiff Anthony Romeo and vacated an earlier summary judgment order of dismissal for failure to state a claim.

On appeal, Seton Hall argues: (1) its motion to dismiss should have been granted as a matter of law; (2) dismissal of Romeo's claims under the Law Against...

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