Ordered that the appeal from so much of the order as granted the motion of the defendant The Great Atlantic and Pacific Tea Company for summary judgment is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, the order is vacated insofar as it granted the motion of the defendant The Great Atlantic and Pacific Tea Company for summary judgment, that defendant's motion is denied, and the complaint is reinstated insofar as asserted against...
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