Eros International, PLC, Appellant,
v.
Mangrove Partners et al., Respondents, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 9, 2021.
Decided February 9, 2021.
Attorney(s) appearing for the Case
Levine Lee LLP, New York ( Chad P. Albert of counsel), for appellant.
Akin Gump Strauss Hauer & Feld LLP, New York ( Joseph L. Sorkin of counsel), for Mangrove Partners and Nathaniel August, respondents.
Cozen O'Connor P.C., New York ( Michael de Leeuw of counsel), for GeoInvesting, LLC, Christopher Irons, Daniel E. David, FG Alpha Management, LLC, FG Alpha Advisors and FG Alpha, L.P., respondents.
Fleischman Bonner & Rocco LLP, White Plains ( Susan M. Davies , of counsel), for ClaritySpring Inc., ClaritySpring Securities LLC and Nathan Anderson, respondents.
Dechert LLP, New York ( Matthew L. Mazur , of counsel), for Knight Assets & Co., LLP, and Akshay S. Naheta, respondents.
Appellate Division of the Supreme Court of New York, First Department.
Analyzing the complained-of statements according to the factors to be considered in distinguishing between fact and nonactionable opinion (see Davis v Boeheim,24 N.Y.3d 262, 270 [2014]), the court correctly found that the statements were accompanied by a recitation of facts on which they were based and therefore were nonactionable opinion (see Steinhilber v Alphonse,68 N.Y.2d 283, 289...
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