The following e-filed documents, listed by NYSCEF document number (Motion 003) 34, 35, 36, 37, 38, 39, 41, 42, 44, 45 were read on this motion to/for DISMISSAL.The following e-filed documents, listed by NYSCEF document number (Motion 004) 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 58 were read on this motion to/for DISMISSAL.DECISION AND ORDER Upon the foregoing documents and after hearing oral argument, it is ORDERED that the instant motion (Seq. 003) by Defendants SUNY Downstate Medical Center, Daisy Cruz-Richman and Maria Silas (collectively, “SUNY Defendants”) to dismiss the complaint, pursuant to CPLR 3211 (a) (2) and (a) (7), is granted in part and denied in part for the reasons stated herein, and the motion (Seq. 004) by Defendant Teachers Insurance and Annuity Association of America d/b/a TIAA f/k/a (“TIAA”) to dismiss the complaint, pursuant to CPLR 3211 (a) (1), (7) and (10)1, is granted for the reasons stated herein: BACKGROUNDPlaintiff Laila Sedhom alleges that she has been working for Defendant SUNY Downstate Medical Center (“SUNY Downstate”) for over 36 years. (First Am. Complaint ["FAC"]12.) Plaintiff alleges that she earned tenure in 1987, and that she became a full professor in 1995. (Id.)Plaintiff further alleges that in the fall of 1995, she “was selected to become the Acting Associate Dean for Graduate Programs in the College of Nursing at SUNY Downstate (“Associate Dean”) in addition to her teaching position.” (Id.15.) Plaintiff alleges that she “continued as Associate Dean and Professor until she opted to retire effective December 31, 2010.” (Id.16.)Plaintiff further alleges that SUNY Downstate “called [her] out of retirement to resume her duties as Associate Dean and Professor only a few months later, in March 2011 [,]” and that at the time SUNY Downstate stated that her “ appointment as professor was temporary, and that her position as Associate Dean was to be held on a 50 percent part-time basis.” (Id.17.)According to Plaintiff, however, “SUNY Downstate was unable to hire a candidate for the full-time Associate Dean position, so [Defendant Daisy] Cruz-Richman [, Dean of the College of Nursing at SUNY Downstate,] implored SUNY Downstate to rehire Dr. Sedhom, and it did so, on a full-time basis, effective August 1, 2011.” (Id.17.)Plaintiff further alleges that she and Defendant Daisy Cruz-Richman are the two tenured faculty members at SUNY Downstate, and that until “January 2017, Ms. Cruz-Richman consistently referred to Dr. Sedhom as a tenured member of the faculty at SUNY Downstate on her official communications, both internally and externally.” (Id.21.)Plaintiff further alleges that she is over 40 years old and that her husband is disabled. Plaintiff further alleges that the SUNY Defendants “at all relevant times have been aware of the nature and extent of Dr. Sedhom’s caregiving activities and her role as the sole wage earner in her household.” (Id.
24-26.)Plaintiff states that in January 2017, “without cause or warning, SUNY Downstate informed Dr. Sedhom that it considered her a temporary employee and that her position as Associate Dean would be posted as an open position for which Dr. Sedhom was ineligible to apply.” (Id.32.) Plaintiff alleges that SUNY Downstate informed her that “she would be terminated immediately upon its retention of a new Associate Dean.” (Id.37.)Plaintiff further states that on May 25, 2017, Ms. Cruz-Richman “sent a memorandum to Dr. Sedhom informing her that she was required to submit a self-evaluation form” even though “tenured faculty at SUNY Downstate are not required to complete self-evaluations.” (Id.
