The following e-filed documents, listed by NYSCEF document number (Motion 004) 62, 63, 64, 65, 72, 74, 80, 81, 82, 88, 89 were read on this motion to/for DISMISS. The following e-filed documents, listed by NYSCEF document number (Motion 005) 66, 67, 68, 69, 70, 71, 73, 75, 76, 77, 78, 79, 84, 85, 86, 87, 90 were read on this motion to/for DISMISS. Motion sequence nos. 004 and 005 are consolidated for disposition herein. DECISION + ORDER ON MOTION Plaintiff Meredith Pittman, M.D. brings this action for, inter alia, unlawful employment discrimination against a former co-worker, defendant Rhonda Yantiss, M.D. (Dr. Yantiss), and her former employer, defendants Joan & Sanford I. Weill Medical College of Cornell University (WCM) (together, the WCM Defendants) and New York and Presbyterian Hospital (NYP) (together with WCM, WCM/NYP). In motion sequence no. 004, the WCM Defendants move, pursuant to CPLR 3211 (a) (7), to dismiss the second amended complaint (the SAC). In motion sequence no. 005, defendant New York-Presbyterian Hospital (NYP) moves, pursuant to CPLR 3211 (a) (7), to dismiss the SAC. Background The following facts are drawn primarily from the SAC and are assumed to be true for purposes of these motions. Plaintiff is a board-certified anatomic pathologist (NY St Cts Elec Filing [NYSCEF] Doc No. 60, SAC 1). Dr. Yantiss is a Professor of Pathology and Laboratory Medicine at WCM and the Chief of Gastrointestinal Pathology/Associate Attending Pathologist at NYP who had managerial and/or supervisory control over plaintiff (id., 7). WCM is a biomedical research unit and medical school of Cornell University (id., 8). NYP is a non-profit academic medical center affiliated with WCM (id., 9). By letter dated September 21, 2015, Dr. Daniel M. Knowles (Dr. Knowles), Professor and Chair of the Department of Pathology and Laboratory Medicine at WCM and Pathologist-in-Chief at NYP, extended an offer of employment to plaintiff (id.,
20-21). The letterhead bears the logos for “Weill Cornell Medical College” and “New York-Presbyterian Hospital Weill Cornell Medical Center” (id., 21). The appointment as an Assistant Professor of Pathology and Laboratory Medicine on the Pathway Recognizing Academic Achievement and Scholarship (Clinical Expertise and Innovation) in the Division of Gastrointestinal Pathology (the Division) at WCM and Assistant Attending Pathologist at NYP was for a one-year term beginning January 1, 2016, with renewals to be determined annually (id.,
