Appellate Division of the Supreme Court of the State of New York December 30, 2014, 13837 105103/11 (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,