MOORE v. Shawn Fisher, Defendant. (2008)

Supreme Court, Appellate Division, First Department, New York.

Dahlia MOORE, Plaintiff-Appellant, v. BRONX-LEBANON HOSPITAL, Defendant-Respondent, Shawn Fisher, Defendant.

Decided: April 01, 2008

GONZALEZ, J.P., WILLIAMS, CATTERSON, MOSKOWITZ, JJ.

Leeds Morelli & Brown, P.C., Carle Place (Steven A. Morelli of counsel), for appellant. Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Ricki E. Roer of counsel), for respondent.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered February 7, 2007, which granted defendant hospital's motion to dismiss the complaint against both defendants, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated, and the matter remanded for further proceedings.

The court is required to accept the factual allegations as true and determine whether they fit within any cognizable theory of recovery. Plaintiff has pleaded a prima facie case with minimum sufficiency by alleging she was a member of a protected group, was qualified for the position, but was terminated from the position under circumstances giving rise to an inference of discrimination (see Brennan v. Metropolitan Opera Assn., 284 A.D.2d 66, 70, 729 N.Y.S.2d 77 [2001] ). The pleadings should have been found sufficient.

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