“Indeed, providing concerts open to the public is one of the stated purposes of the university,” Appellate Division Judge George Leone wrote. He was joined by Judge Mitchel Ostrer.
The majority said the Legislature, in enacting the CIA, meant for it to be read liberally to offer immunity in as many cases as possible. “Although not a classical musician, McBride is an American country music performer,” Leone said. “Whether classical, country or Christmas, music is an art, and McBride is a musical artist.”