A federal appeals court has reinstated an age discrimination lawsuit against the former 2nd Avenue Deli of New York and its owner, filed by a waitress when she was 79 years old.

The 2nd U.S. Circuit Court of Appeals in Kassner v. 2nd Avenue Delicatessen, 05-4237-cv, said Diane Kassner can sue the deli and Jacob Lebewohl for “implied claims” of hostile work environment.

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