The Appellate Division, First Department reversed the lower court's decision (N. Bannon, J.S.C.), reinstated plaintiff's complaint and restored the action to the lower court's calendar (see Wohnberger v Lucani, 214 A.D.3d 615 [1st Dept 2023]). Among other things, the governing Department reasoned that "there were no extraordinary circumstances warranting the complaints dismissal" (see Wohnberger 214 A.D.3d at 616) .