Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Gracefully, Inc., incorrectly sued herein as Gracefully, Inc., and Gracefully Fine Food, for summary judgment dismissing the complaint insofar as asserted against it and to strike the complaint insofar as asserted against it for spoliation of evidence is denied.
The plaintiff became ill with a listeria infection approximately one month after she allegedly ate chickpea salad...
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