Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion pursuant to CPLR 603 to sever the action insofar as asserted against the defendants Pathmark Stores, Inc., and the Great Atlantic & Pacific Tea Company, Inc., from the action insofar as asserted against the defendant Peterman Associates, Inc., and to restore the action to active status is granted, subject to the preservation of the defendants' CPLR...
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