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Judge rules mom has right to sue Jamaica IHOP

Kinsler was 7 at the time of a January 1999 incident in which her mother, Judith Kinsler, was allegedly called a "thief" and a "lowlife" by the manager of the restaurant on 117-19 Hillside Ave. after being accused of passing him a counterfeit $20 bill that turned out to be legitimate. When police were dispatched to the establishment, Ashley Kinsler became emotionally distressed and suffered an asthma attack as they left the restaurant, her mother claimed in a complaint.The two filed a lawsuit seeking $100,000 for defamation stemming from the incident and Queens Civil Court Judge Charles Markey allowed the case to proceed earlier this month. In his decision, Markey said that if Ashley Kinsler could prove her asthma attack was triggered by distress caused by the manager, there was no reason why she could not collect damages.In an interview with the New York Daily News, Judith Kinsler told the paper that Ashley, now 13, started wetting her bed, had nightmares and cannot go to restaurants anymore after the incident.The current manager of the IHOP, Carlos Alvarez, said he started working at the restaurant in 2000 and declined to comment. The adjuster for Reycor Restaurant Inc., the franchise that operates the IHOP, also would not discuss the lawsuit. Lawyers for Reycor Restaurant could not be reached.A spokesman for IHOP only said that "our franchise has worked diligently to address the concerns of the patrons of the IHOP," but added that it would not be appropriate for the company to comment on the case because he said he does not believe IHOP is directly named in the litigation.Reach reporter Howard Koplowitz by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 173

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