Plaintiffs quote Spectra Audio Research, Inc. Plaintiffs failed to submit evidence of the value of the Loton stock they received as of July 2016 (for the subscription agreements) and May 2017 (for the APA) ( see id.

Kumiva Group, LLC v Garda USA Inc., 146 AD3d 504, 506 ). Order, Supreme Court, New York County (Jennifer Schecter, J.), entered November 17, 2021, which, insofar as appealed from, denied defendants LiveXLive Media, Inc., f/k/a Loton Corp., LiveXLive Tickets, Inc., and Robert Ellin's motion for summary judgment dismissing the first and second causes of action, unanimously reversed, on the law, with costs, and the motion granted.ĭefendants are entitled to summary judgment because plaintiffs failed to show the 'out of pocket' damages required for a fraud claim ( see e.g. Schlam Stone & Dolan LLP, New York (Joshua Wurtzel of counsel), for respondents. Livexlive Media, Inc., Formerly Known as Loton Corp., et al., Defendants-Appellants, Alec Ellin et al., Defendants. Danco Enterprises, LLC, et al., Plaintiffs-Respondents,

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