MIMS Master Fund, L.P. v. Cambi

Order, Supreme Court, New York County (Eileen Bransten, J.), entered April 11, 2017, which denied plaintiff’s motion for summary judgment on defendant’s liability under the guaranty agreement, denied plaintiff’s motion to dismiss defendant’s counterclaim for fraud and denied defendant’s cross motion for summary judgment dismissing plaintiff’s complaint, unanimously modified, on the law, plaintiff’s motion for summary judgment and its motion to dismiss the fraud counterclaim granted, and the matter remanded for further proceedings, without costs.

The motion court should have granted plaintiff’s…