A STATE Supreme Court judge has thrown out a $10 million lawsuit brought by the Rainbow Room’s banquet waiters, who claimed they were being bilked out of tips.

Supreme Court Justice Ira Gammerman ruled that the waiters were independent contractors, not employees of the Cipriani family, who operate the Rainbow Room and another banquet hall, Cipriani 42nd Street. As such, the judge ruled, they were not entitled to a cut of the 22 percent “service charge” that the caterers bill for banquets.