FILED: NEW YORK COUNTY CLERK 07/16/2019 04:50 PM
INDEX NO. 654073/2019
RECEIVED NYSCEF: 07/16/2019
NYSCEF DOC. NO. 1
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
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In the Matter of Arbitration
SPENCER CLARKE, LLC.,
-against-
-----X
Between:
Petitioner,
Index No.: PETITION
CREATIVE MEDICAL TECHNOLOGY HOLDINGS, INC.,
Roth Law Firm, PLLC, as and for SC's Petition herein, alleges as follows:
NATURE OF THE PROCEEDING
This is a Special Proceeding, brought pursuant to Section 7502(a) of the New York Civil
Practice and Rules ("CPLR"), to confirm an arbitration award rendered by an arbitrator of the American Arbitration Association ("AAA") on or about April 2, 2019 (the "Arbitration Award"), in the arbitration entitled Spencer Clarke, LLC v. Creative Medical Technologies Holdings, Inc.,; AAA Number 0 1· 18-0003-3441 (hereinafter "Arbitration"). A true and correct copy of the Arbitration Award is annexed hereto as Exhibit A.
PARTIES. JURISDICTION AND VENUE
1. Petitioner is an investment banking firm organized under the laws of the State of New
York and maintaining its principal place of business in New York, New York.
Respondent. -------------------
-X
Petitioner Spencer Clarke LLC ("Petitioner" or "SC"), by and through its attorneys, The
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FILED: NEW YORK COUNTY CLERK 07/16/2019 04:50 PM
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NYSCEF DOC. NO. 1
2. Upon information and
or "CMTH") maintains offices in Phoenix,
belief, Respondent Creative is a is a public corporation
Medical incorporated
Technologies Holdings Inc in the State of Nevada and
("Responden~t"
Arizona.
3. Venue is proper in this County pursuant to CPLR §§ 7502(a) and 503(a).
BACKGROUND FACTS AND DISCUSSION
4. On or about September 6, 2018, SC commen~ced the Arbitration by the filing of a
Statement of Claim, wherein it requested, among other things, compensatory damages to be determined by the panel at the hearing.
5. After failing to appear for the preEmin~ary conference, Respondents failed to appear at the hearings on the merits, despite being the party that chose both the medium and the date for the hearing, on or about February 19, 2019, requested that a second preliminary conference be postponed. It was agreed by all parties and the arbitrator that the preliminary conference be held on February 22, 2019.
6. On or about February 22, 2019, the day the Respondents agreed to have the preliminary
Respondent again failed to appear or participate..
7. Notwithstanding, because Respondents participated in the action, a hearing was
scheduled with the Respondents knowledge and consent.
8. Upon considering all the evidence submitted to the panel, the Panel: (i) granted SC
claims in its entirety; and (ii) awarded SC compen~satory damages in the amount of $600,749.00, as set forth in the Arbitration Award. A copy of the Award is annexed hereto as Exhibit A.
9. Further, the Panel granted administrative fees for the American Arbitration Association
and the compe^n~sation of the arbitration totaling an additional 4.680.00 see Exhibit A.
2
conference,
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INDEX NO. 654073/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/16/2019
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10. This Petition has been brought within one year after the delivery of the Arbitration Award to both the Petitioner and Respondent and the Arbitration Award has not been vacated or
modified upon any grounds enumerated in CPLR § 7511.
11. No prior application for the relief herein has been sought in this or in any court. PRAYER FOR RELIEF
WHEREFORE, Petitioner prays for the following relief:
A. A Judgment, pursuant to CPLR § 7514(a), judicially confirming the Arbitration Award annexed hereto as Exhibit A;
B. Such other and further relief as the Court may deem just and proper.
DATED:
New York, New York July 16, 2019
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TH
By:
295 New Tel:
ROT
Ri
Jordan Madison
LA FIRM, PLLC
Attorneys Spencer
for Petitioner Clarke LLC.
York, (212)
ard A. Roth M. Kam
Avenue, 22nd New York 10017
542-8882
Floor
