D.B. Zwirn Special Opportunities Fund, L.P. v. SCC Acquisitions, Inc.

*531Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered September 22, 2009, which, in an action on two guarantees, granted plaintiffs motion for summary judgment as to liability and denied defendant’s cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, plaintiffs motion denied, and defendant’s cross motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff is a large New York based hedge fund that invests its money in high risk transactions, including high risk real estate transactions…