Finding the City University of New York, but not the State, vicariously liable for the negligence of an opera stage manager, a Court of Claims judge has ruled in favor of a student actress who was injured when struck by a piece of scenery.

Court of Claims Presiding Judge Susan Phillips Read of Albany rejected CUNY’s claim that the stage manager was an independent contractor rather than a university employee. However, Judge Read also rejected claimant’s argument, on a joint enterprise theory, that the State and CUNY were jointly and severally liable for her injuries.

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