Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendant's motion which were to dismiss, pursuant to CPLR 3211 (a) (7), the claims alleging breach of the covenant of good faith and to recover consequential and punitive damages and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
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