The complaint also alleges that Fletcher "made it clear" to the rest of the board that jokes about the number of times a certain shareholder would have to apply to fix her bathroom were [*7]inappropriate. Although the shareholder was African-American, the complaint does not allege that Fletcher made any reference to her race. Thus, it fails to state a cause of action under the State HRL for retaliation on the basis of Fletcher's conduct with respect to this shareholder (see e.g. Forrest, 3 NY3d at 313 [granting defendant summary judgment because "(a)lthough plaintiff filed numerous grievances claiming generalized 'harassment,' she never alleged that she was discriminated against because of race"]; see Sullivan v Chappius, 711 F Supp 2d 279, 287 [WD NY 2010] [dismissing complaint based on plaintiff's supervisor's extramarital affair]). Thus, the seventh and ninth causes of action should have been dismissed against the Dakota insofar as they are based on Fletcher's conduct with respect to the African-American shareholder. However, the dismissal is without prejudice, because following discovery, plaintiffs may be able to plead further details that would show that Fletcher was engaged in protected activity.{**99 AD3d at 54}