Filed May 17, 2013
If not, the complaint must be dismissed.” Egiazaryan v. Zalmayev, 880 F. Supp. 2d 494, 502 (S.D.N.Y. 2012) (quoting Iqbal, 556 U.S. at 678). B. Plaintiff’s Sexual Harassment Claims Must Be Dismissed Because She Was Not an Employee “It is axiomatic that in order for one to be held liable for employment discrimination under New York law, there must have existed between the parties, at the time of the action complained of, the relationship of employer and actual or prospective employee, the touchstone of which is mutually beneficial economic substance.”