Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered on or about November 1, 2013, which, to the extent appealed from, granted the motion of defendant, HMS Holdings Corp. (HMS), to dismiss the causes of action for fraud and breach of the implied covenant of good faith and fair dealing, unanimously modified, on the law, the motion denied as to the cause of action for breach of the implied covenant of good faith and fair dealing, and otherwise affirmed, without...
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