Defendant TCW Asset Management Company (TCW) moves, pursuant to CPLR 3212, for summary judgment against plaintiffs Basis Pac-Rim Opportunity Fund (Master) (Pac-Rim) and Basis Yield Alpha Fund (Master) (BYAFM) (collectively, Basis). Basis opposes the motion. For the reasons that follow, TCW's motion is denied.
Unless otherwise indicated, the following facts are undisputed.[FN1]
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