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SALINAS v. DORRIAN'S REST. BAR

152968/13. Appeal No. 15850. Case No. 2021-01051.

205 A.D.3d 439 (2022)

168 N.Y.S.3d 52

2022 NY Slip Op 02966

Jacqueline Salinas, Appellant, v. Dorrian's Restaurant Bar et al., Respondents.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

The Law Office of Thomas Torto, New York ( Jason Levine of counsel), for appellant.

Shafer Partners, LLP, New York ( Ondre H. Cargill of counsel), for Dorrian's Restaurant Bar, respondent.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas P. Hurzeler of counsel), for Eight Tots Realty Corp., respondent.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.

Plaintiff, a customer at a restaurant operated by defendant Dorrian's Restaurant Bar, was allegedly injured when a plywood panel came loose from a wall inside the restaurant and struck her on the head.

The court providently exercised its discretion in considering plaintiff's motion on the merits despite its tardiness. Plaintiff demonstrated good cause based on the death of the managing partner of the law firm was representing...

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