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KURYLOV v. ICAHN SCH. OF MEDICINE AT MOUNT SINAI

825, 162005/14.

139 A.D.3d 451 (2016)

31 N.Y.S.3d 56

2016 NY Slip Op 03600

ADAOBI KURYLOV, Respondent, v. ICAHN SCHOOL OF MEDICINE AT MOUNT SINAI et al., Appellants.

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

Decided May 5, 2016.

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 CPLR 3211 (c). The motion court expressly declined to treat the motion as one for summary judgment. Consequently, no notice of any conversion was given...

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