FILED: NEW YORK COUNTY CLERK 12/15/ :35 PM INDEX NO /2014 NYSCEF DOC. NO. 296 RECEIVED NYSCEF: 12/15/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GARTHON BUSINESS INC. and CRESTGUARD LIMITED, Index No /2014 -against- Plaintiffs, NOTICE OF ENTRY KIRILL ACE STEIN and AURDELEY ENTERPRISES Hon. Shirley Werner Kornreich LIMITED, Commercial Division Part 54 Defendants. PLEASE TAKE NOTICE that annexed hereto is a true and correct copy of a Memorandum Decision and Order, duly entered and filed in the Office of the Clerk of the State of New York Court of Appeals, on October 12, 2017: (i) reversing with costs the Decision and Order of the Appellate Division - First Department, dated April 26, 2016; (ii) granting Defendants Kirill Ace Stein and Aurdeley Enterprises Limited's respective motions to compel arbitration; and (iii) dismissing the instant action. PLEASE TAKE FURTHER NOTICE that also annexed hereto is a true and correct copy of the Remittitur of the State of New York Court of Appeals, duly entered in the Office of the Clerk of the County of New York on October 30, of 10

2 Dated: New York, New York December 15, 2017 TUREK ROTH GROSSMAN LLP. -) By: Jason A. Grossman, Esq. Gaddi Goren, Esq. 377 Fifth Avenue - 65 Floor New York, New York (212) Attorneys for Defendant Kirill Ace Stein To: Hogan Lovells LLP Attn: Pieter Van Tol, Esq. 875 Third Avenue New York, New York (212) Attorneys for Plaintifs Garthon Business Inc. 4 Crestguard Limited Siri & Glimstad LLP Attn: Aaron Siri, Esq. 136 Madison Avenue - 5* New York, New York (212) Floor Attorneys for Defendant Aurdeley Enterprises Limited 2 2 of 10

3 tatt of Rets park ourt of 9tppeals I No. 99 Garthon Busin Inc v. Respondents,.etet al., MEMORANDUM Kirill Ace Stein et al.,. Thismemorandufn is uncorrectedandsubjecttored Appellants. visionbeforepublication in thenew York Reports. re-' Jason A. Grossman, for appellant Stein. Aaron Siri, for appellant Aurdeley Enterprises Limited. Pieter Van Tol, for respondents 'I MEMORANDUM:.. The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the motions to compel arbitration granted. 1 3 of 10

4 - 2 - No. 99 Under the circumstances of this case, including the terms of the parties' final agreements, which incorporated the rules of the London Court of International Arbitration, the issue of whether the dispute is arbitrable should be resolved by the arbitrator (see Matter of Monarch Consulting, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA, 26 NY3d 659, [2016]; Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co. of Am., 37 NY2d 91, -95 [1975]). * * * * * * * * * * * * * * * * * Order, insofar as appealed from, reversed, with costs, and motions to compel arbitration granted, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein,. Fahey, Garcia, Wilson and Feinman concur. Decided October 12, of 10

5 «.i«~ p (/Ii. i' />.; > ii/ /i / i/i// ( /i ~o S~ A~./ /'.;/ ~ ()// > / / / / ; >'i/// 4««««Wd fr/ II II /r»..' Ac '.. ~ 4cvc«C ) //' ' %~ w~zor / wouz Decided October 12, 2017 No. 99 Order, insofar as appealed from, reversed, with costs, and Garthon Business Inc. et al., Respondents, motions to compel arbitration granted, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur. Kirill Ace Stein et al., Appellants. Appellants, 5 of 10

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7 NYSCEF DOC. NO. 296 RECEIVED INDEXNYSCEF: NO /15/2017 /2014 F LED : NEW YORK COUNTY CLERK : 31 NY CEF DOC. NO. 290 RECEIVED NYSCEF: 10/30/2017 A. diptate Of ftetu 190th Coutt Of QQeal% Remittitur HON. JANET DzFIORE, Cñief fudge, Presiding.. No. 99 Garthon Business Inc., et al., v. Respondents, Kirill Ace Stein, et al., Appellants. Appellant Stein in the above entitled appeal appeared by Turek Roth Grossman, LLP; appellant Aurdeley Enterprises Limited appeared by Siri & Glimstad, LLP; respondents appeared by Hogan Lovells US, LLP. The Court, after due deliberation, orders and adjudges that the order, insofar as appealed from, is reversed, with costs, and the motions to compel arbitration are granted, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur. The Court further orders that this record of the proceedings in this Court be remitted to Supreme Court, New York County, there to be proceeded upon according to law. I certify that the preceding contains a correct record of the proceedings in this appeal in the Court of Appeals and that the papers required to be filed are attached. i' John P. Asiello, Clerk of the Court Court of Appeals, Clerk's Office, Albany, October 12, of 10

8 I;" (FILED: NEW YORK COUNTY CLERK.'.I 10/ 30 / :31 AM) INDEX NO /2014 NYSQEF DOC.. NO RECEIVED NYSCEF: 10/30/2017 State of Retu york tourt of S2tppeals No. 99 Garthon Busi s Inc..et.et al., MEMORA UM Respondents, v. Kirill.Ace.Ace Stein et al.,. Thismemoranduinis uncorrectedandsubjecttorea Appellants. vision beforepublication inthenewyorkreports. t/ Jason A. Grossman, for appellant Stein. Aaron Siri, for appellant Aurdeley Enterprises Limited. Pieter Van Tol, for respondents MEMORANDUM: The order of the Appellate Division, insofar as appealed f rom., should be reversed, with costs, and the motions to compel arbitration granted of 3 8 of 10

9 NYSCEF DOC. NO. 296 RECEIVED FILED: NEW YORK COUNTY CLERK 10/30/2017 -' :31 INDEXNYSCEF: NO. AM / /15/2017 NYµEF DOC. NO. 290 RECEIVED NYSCEF: 10/30/2017 * No. 99 terms of the Under the circumstances of this case, including the parties' parties final agreements, which incorporated the. of the London Court of International Arbitration, the issue of whether the dispute is arbitrable should be resolved by the National' arbitrator (see Matter of Monarch Consulting, Inc. v National Union Fire Ins. Co, of Pittsburgh, PA, 26 NY3d 659, (2016]; Matter of Nationwide Gen. Ins. Co. v Investors Ins,. Co. of Am., 37 NY2d 91, 95 [1975]).. * * * * * * * * * * * * * * * * * Order, insofar as appealed from, reversed, with costs, and motions to compel arbitration granted, I in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur. Decided October 12, of 3 9 of 10

10 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GARTHON BUSINESS INC. and CRESTGUARD LIMITED ' Index No /2014 Plaintiffs, -against- KIRILL ACE STEIN and AURDELEY ENTERPRISES LIMITED, Defendants. NOTICE OF ENTRY TUREK ROTH GROSSMAN LLP Attorneys for Defendant Kirill Ace Stein Office and Post Office Address, Telephone 377 Fifth Avenue 6th 6 FlOOr New York, New York (212) Signature (Rule a) )e=~ ) Jason A. Grossman, Esq. 10 of 10