Plans to reopen the 2nd Avenue Deli could face a new obstacle after a federal appellate court yesterday revived a discrimination lawsuit brought by two waitresses who claim they were paid less and encouraged to retire because of their age.

The U.S. 2nd Circuit Court of Appeals breathed new life into the lawsuit against the famed deli, reversing parts of a decision by a U.S. District Court judge in Manhattan who dismissed the case in 2005.

The two former waitresses, Diane Kassner, 79, and Marsha Reiffe, 61, filed suit against the deli in 2004, claiming that the owner, Jacob Lebewohl, forced the women to work stations and shifts that paid less, and insulted them in ways that demonstrated age discrimination.

The deli, an East Village landmark on Second Avenue at 10th Street, was famous for its kosher cuisine. It closed last year after 50 years of ownership by the Lebewohl family; the family plans to reopen at a new location in Murray Hill. The Lebewohl family is seeking to reopen the deli at 162 E. 33rd St., between Lexington and Third avenues.

Ms. Kassner and Ms. Reiffe claim that Mr. Lebewohl had told them to “drop dead,” “retire early,” “take off all that makeup,” and “take off your wig,” according to the suit.

Judge George Daniels of U.S. District Court dismissed the suit in 2005, ruling that the statute of limitations had expired on the waitresses’ charges and that the waitresses did not present enough facts to support their claims of mistreatment.

But a panel of three 2nd Circuit judges decided that at least some of the allegations were not barred by the statute of limitations and that the plaintiffs presented enough supporting facts to earn their day in court.

Mr. Lebewohl’s lawyer, Kenneth Kirschner, did not respond to repeated requests for comment about the case.