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BASIS PAC-RIM OPPORTUNITY FUND (MASTER) v. TCW ASSET MGT. CO.

654033/12, 14053, 14052.

124 A.D.3d 538 (2015)

BASIS PAC-RIM OPPORTUNITY FUND (MASTER) et al., Appellants, v. TCW ASSET MANAGEMENT COMPANY, Respondent.

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

Decided January 26, 2015.

The motion court properly dismissed the negligent misrepresentation cause of action since plaintiffs failed to establish the existence of a special relationship of trust or confidence between the parties required to support such a cause of action (see Zohar CDO 2003-1 Ltd. v Xinhua Sports & Entertainment Ltd., 111 A.D.3d 578, 579 [1st Dept 2013]; MBIA Ins. Corp. v Countrywide Home Loans, Inc., 87 A.D.3d...

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