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Ahmed v. Nnoli

Issue with Negative Performance Evaluation Not Viable Cause of Action for Defamation

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17 were read on this motion for  DISMISSAL. DECISION ORDER ON MOTION With the instant motion defendant Grace Nnoli (“defendant”) moves, pursuant to CPLR §3211(a)(7), for an order dismissing plaintiff Naseer Ahmed’s (“plaintiff”) complaint on the ground that it fails to state any viable causes of action as a matter of law. Plaintiff opposes the motion. BACKGROUND Plaintiff, employed as a pharmacist by New York City Health and Hospitals Corporation at Harlem Hospital (“Harlem Hospital”), brings this action against defendant, a pharmacist and supervisor at Harlem Hospital (see Compl.

5-6). As per the complaint, defendant, while not plaintiff’s direct supervisor and not responsible for plaintiff’s performance evaluations, undertook and completed plaintiff’s performance evaluation in 2022 (id. 8, 9). The complaint raises concerns only about two specific categories in the entire performance evaluation, where plaintiff received a “needs improvement” rating (id.

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