Pennington v. Da Nico Restaurant

Order, Supreme Court, New York County (Paul Wooten, J.), entered April 10, 2013, which, in this action for personal injuries, granted the motion of defendant Da Nico Restaurant (Da Nico) to dismiss the complaint as against it, and denied plaintiffs cross motion for an extension of time to effect service on Da Nico, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs, the motion to dismiss granted, unless, within 120 days from the date of entry of this order, plaintiff effects proper service on Da Nico, and plaintiffs cross motion to extend her time…