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INDRA KAUSHAL, plf-app, v. AMARJIT SINGH, def-res

16-465. INDRA KAUSHAL, plf-app, v. AMARJIT SINGH, def-res — Judgment (Anthony Cannataro, J.), entered on March 17, 2016, insofar as appealed from, affirmed, without costs.

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16-465. INDRA KAUSHAL, plf-app, v. AMARJIT SINGH, def-res — Judgment (Anthony Cannataro, J.), entered on March 17, 2016, insofar as appealed from, affirmed, without costs.

We find no basis to disturb the jury’s verdict with regard to damages, since plaintiff presented no proof that she sustained “out of pocket” losses by reason of the fraudulent inducement to purchase a 50 percent interest in defendant’s restaurant (see Lama Holding Co. v. Smith Barney, 88 NY2d 413, 421 [1996]). Under the “out of pocket” rule, loss is computed by ascertaining the difference between the consideration paid for the property and its actual value as affected by the consequences of the fraud (see Reno v. Bull, 226 NY 546, 552-553 [1919]). Since the plaintiff presented no competent evidence of the actual value of the 50 percent interest in the restaurant that she received from defendant, “out of pocket” damages have not been proven (see Kumiva Group, LLC v. Garda USA Inc., 146 AD3d 504, 506-507 [2017]; Sheth v. New York Life Ins. Co., 308 AD2d 387, 388 [2003], lv denied 1 NY3d 305 [2003]; Clearview Concrete Prods. Corp. v. S. Charles Gherardi, Inc., 88 AD2d 461, 467 [1982]).

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