Kurylov v. Icahn School of Medicine at Mount Sinai

Order, Supreme Court, New York County (Debra A. James, J.), entered October 8, 2015, which, to the extent appealed from as limited by the briefs, denied defendants’ (Mount Sinai) motion to dismiss the complaint pursuant to CPLR 3211 (c), unanimously affirmed, without costs.

Plaintiff, a black woman from Nigeria, alleges that she was terminated from Mount Sinai’s residency program in pathology because of her race and/or national origin. Mount Sinai brought a motion to dismiss pursuant to CPLR 3211, seeking, alternatively, that the court convert the motion to one for summary judgment pursuant to…