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Argued November 5, 2001

In this appeal we must determine whether Montclair State University (Montclair), a nonprofit, public educational institution, is entitled to immunity under the Charitable Immunity Act (CIA), N.J.S.A. 2A:53A-7 to -11. According to the CIA, an entity is entitled to immunity from suit by a beneficiary if the entity is a “nonprofit corporation, society or association organized exclusively for religious, charitable or educational purposes.” N.J.S.A. 2A:53A-7a. Plaintiff Brendan O’Connell (O’Connell) alleges that because Montclair is a State college and receives public funding, it is not entitled to charitable immunity under the CIA, which O’Connell contends covers only private entities.

I.

 
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