The following e-filed documents, listed by NYSCEF document number (Motion 002) 35, 36, 37, 40, 41, 42, 44, 45 were read on this motion to/for DISMISSAL DECISION AND ORDER Plaintiff Stella Stolper moves to dismiss the counterclaims of defendant Zarina Burbacki pursuant to CPLR §§3211 (a) (7) and 3016 (a) and for a more definite statement regarding the first counterclaim pursuant to CPLR §3024. For the reasons set forth below, the motion is granted to the extent that the third and fourth counterclaims are dismissed without prejudice and the defendant is directed to file an amended answer and counterclaim clarifying the specific statutory or other basis upon which the defendant is pursuing the first counterclaim. DISCUSSION A party may move for judgment dismissing one or more causes of action on the ground that the pleadings fail to state a cause of action for which relief may be granted (CPLR §3211 [a] [7]). On a motion to dismiss pursuant to CPLR §3211 (a) (7), the court must afford the pleadings a liberal construction and accept the facts alleged in the complaint as true, according the plaintiff the benefit of every favorable inference (Morone v. Morone, 50 NY2d 481, 484 [1980]). The court’s inquiry on a motion to dismiss is whether the facts alleged fit within any cognizable legal theory (id.). Bare legal conclusions are not accorded favorable inferences, however, and need not be accepted as true (Biondi v. Beekman Hill House Apt. Corp., 257 AD2d 76, 81 [1st Dept 1999]). Hostile Work Environment The branch of the motion to dismiss this claim is denied. The counterclaim alleges that the defendants were constantly required to work with Ms. Stolper and further alleges that they were required to perform “thousands of hours” of “personal work” for Ms. Stolper (Counterclaim,
126, 178, 180, 181). The facts alleged in the complaint are, among other things, that (i) “Plaintiff would constantly yell obscenities including but not limited to calling colleagues or staff ‘white dog shit,’ ‘fucking Israelis,’ ‘fucking Jews,’ ‘Armenian terrorist,’ ‘Armenian whore,’ often using the N-word, homophobic slurs and other such vulgar and disgusting insults”; (ii) “Plaintiff on several occasions would grab the genitals of staff members, male and female, including Defendant and YONATAN, mocking them in front of other colleagues and laughing at her own perverse jokes”; (iii) “Plaintiff also repeatedly pulled down her tank tops to reveal one or both of her breasts and ask the staff, including Defendant and YONATAN, if the surgeon did a ‘good job’”; (iv) after summoning the defendants to her hotel room, “Plaintiff then took a towel, threw it on the floor, spread her legs and started urinating on the floor” in front of the defendants; (v) “On another occasion, Plaintiff tackled one of the assistants to the ground and began urinating on her in the presence of Defendant and YONATAN, while laughing to the point where she ‘couldn’t breathe’; (vi) “Plaintiff would constantly make crude comments about male genitalia in Defendant and YONATAN’s presence, and specifically make such comments to YONATAN, whom Plaintiff would refer to as her ‘day husband’” (Counterclaim
