United States District Court, E.D. New York
[Copyrighted Material Omitted]
For Plaintiff: Saul D. Zabell, Esq., Zabell & Associates, P.C., Bohemia, NY.
For Defendant: Peter S. Cane, Esq., Michael Morse Hodgson, Esq., Cane & Associates LLP, New York, NY.
DECISION AND ORDER
ARTHUR D. SPATT, United
States District Judge.
On July 21, 2014, the Plaintiff Marlen Figueroa (the " Plaintiff" ) commenced this action against the Defendants her former employer RSquared NY, Inc. (" RSquared NY" ), Altaf Hirji (" Hirji" ), and Ain " Doe" (collectively the " Defendants" ). The Plaintiff alleges quid pro quo sexual harassment and sex discrimination in violation of Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. § § 2000e to 2000e-17; the New York State Human Rights Law, New York Executive Law, Article 15; and other appropriate statutes, rules, and regulations.
On October 6, 2014, the Defendants moved pursuant to Federal Rule of Civil Procedure (" Fed. R. Civ. P." ) 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted.
For the reasons set forth, the Defendants' motion to dismiss is granted in part and denied in part.
Unless stated otherwise, the following factual allegations are drawn from the complaint and construed in a light most favorable to the non-moving party, the Plaintiff.
A. The Parties
The Plaintiff is a female who at all relevant times was domiciled in Brentwood, New York.
RSquared N.Y. is a New York corporation operating at 100 Heartland Boulevard, Edgewood, New York 11717.
Upon information and belief, Hirji is the Owner and Chief Executive Officer of RSquared NY.
Ain " Doe" is an individual who, during the period from September 2012 through October 2013, was an Operations Manager of RSquared NY. Upon information and belief, Ain was a cousin of Hirji.
Non-party Neftaly Maroquin (" Maroquin" ) is an individual who, during the period from September 2012 through October 2013, was the ...