Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
We agree with the Supreme Court that there are triable issues of fact which precluded the granting of summary judgment to either party on the first three causes of action in the complaint, including whether the defendant's conduct amounted to a breach of the implied covenant of good faith and fair dealing in the parties' stipulation dated September 24, 1999...
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