December 3, 2020 | 2:06pm | Updated December 3, 2020 | 2:19pm
An online ad for a boat ride “operating under COVID guidelines,” and NYU freshman Nicole Rosenberg (right)
NYU says it’s “implausible” that a now-suspended student didn’t know the crowded boat rave she went to would violate school coronavirus policies.
Freshman Nicole Rosenberg filed suit Tuesday fighting her suspension after she attended a boat party on the Hudson on Oct. 15 which she claims she got stuck on only after discovering it wasn’t abiding by COVID-19 guidelines.
Rosenberg claimed she was told by her friends ahead of time that the party would include social distancing and mask wearing and that she wouldn’t have attended otherwise.
“The story told by petitioner and her two friends was inherently implausible — that three students would go out late at night to take a trip on a boat, thinking that they were going to something compliant with NYU’s policies and COVID-related safety warnings,” NYU fired back in court papers Wednesday.
NYU also added that the flyer that the lawsuit included as an exhibit to highlight that the event advertised it would operate under COVID guidelines actually hurt her case more than it helped it.
“Everything else about the flyer makes clear that the boat trip would involve a party with a club-like atmosphere, from the name of the party (dubbed ‘AQUATICA II’), the fact that the party was supposed to go from 10:00 pm until ‘Late,’ that it was leaving from a ‘Secret Port,’ and that it lists three apparent DJs (‘Psychoactv’) who will be providing live dance music,” NYU’s court papers allege.
NYU also points out that while the flyer said the event would be 21+, Rosenberg is only 18.
And Rosenberg’s case differs from three other students’ recent lawsuits challenging NYU suspensions, because in those cases, the semester hadn’t yet begun when the students allegedly broke school rules as it had in Rosenberg’s case, NYU argued.
Rosenberg’s lawyer, Karen Edler of the firm Price, Meese, Shulman & D’Arminio, P.C., told The Post, “We disagree with NYU’s position.”
“NYU advises students that it was safe for students to take advantage of everything that New York City had to offer and a boat ride outside on the Hudson is quintessential New York City,” Edler said.