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BASIS PAC-RIM v. TCW ASSET

654033/12, 2137.

149 A.D.3d 146 (2017)

2017 NY Slip Op 01644

48 N.Y.S.3d 654

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

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

Decided March 2, 2017.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City ( Christopher M. Joralemon , Peter M. Wade , Diana M. Feinstein and Mark A. Kirsch of counsel), for appellant.

Lewis Baach PLLC, New York City ( Bruce R. Grace of counsel), for respondents.

FRIEDMAN, J.P., RENWICK, FEINMAN and GISCHE, JJ., concur.

OPINION OF THE COURT

Plaintiffs Basis PAC-Rim Opportunity Fund (Master) and Basis Yield Alpha Fund (Master) (together Basis) are two Australian-based Cayman Islands hedge funds. Defendant TCW Asset Management Company (TCW) is an investment advisor that served as the collateral manager for Dutch Hill II (Dutch Hill), a $400...

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