Ordered that the order is reversed insofar as appealed from, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Great Atlantic & Pacific Tea Company, Inc., the action against the remaining defendant is severed, and that branch of the cross motion which was to strike the answer of the defendant Lodato Enterprises, Inc., due to the spoliation of certain evidence and for summary judgment against it on the issue of liability is denied...
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