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D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P. v. SCC ACQUISITIONS, INC.

2492, 601591/08.

74 A.D.3d 530 (2010)

902 N.Y.S.2d 93

D.B. ZWIRN SPECIAL OPPORTUNITIES FUND, L.P., Respondent, v. SCC ACQUISITIONS, INC., Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 10, 2010.

Plaintiff is a large New York based hedge fund that invests its money in high risk transactions, including high risk real estate transactions and loans. Defendant and its affiliates, SunCal Copper Canyon, LLC (Copper Canyon) and SunCal-Southwind JV, LLC (Southwind), are residential and commercial real estate developers that engage in high risk transactions.

In July 2005, plaintiff loaned Copper Canyon $35 million for a project in Nevada. About a year later, in May...

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