Attached files
file | filename |
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8-K - iCoreConnect Inc. | imedicor8k040911.htm |
EX-99.1 - iCoreConnect Inc. | ex99-1.htm |
Exhibit 99.2
SUPREME COURT OF THE STATE OF NEW YORK
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COUNTY OF ROCKLAND
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Index No.
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___________________________________
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IMEDICOR, INC.,
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Plaintiff's Residence Address:
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523 Avalon Gardens Drive
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Plaintiff,
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Nanuet, NY 10954
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-against-
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SUMMONS
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ACCESS PHARMACEUTICALS, INC.,
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Defendant.
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___________________________________
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The basis of the venue is Plaintiff’s residence
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To the above named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy
of your answer, or, if the complaint is not served with the summons, to serve a notice of appearance,
on the plaintiff's Attorneys within 20 days after the service of this summons, exclusive of the day of
service (or within 30 days after the service is complete if this summons is not personally delivered to
you within the State of New York); and in case of your failure to appear or answer, judgement will be
taken against you by default for the relief demanded in the complaint.
Dated: March 28, 2011
RATTNER & ASSOCIATES
Attorney for Plaintiff
2 PERLMAN DRIVE SUITE 310
SPRING VALLEY, N.Y. 10977
(845) 512-8700
SUPREME COURT OF THE STATE OF NEW YORK
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COUNTY OF ROCKLAND
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Index No.8110/09
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___________________________________
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IMEDICOR, INC.,
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Plaintiff,
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-against-
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VERIFIED COMPLAINT
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ACCESS PHARMACEUTICALS, INC.,
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Defendant.
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___________________________________
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Plaintiff iMedicor, Inc., complaining of the Defendant herein, alleges upon information and belief:
1. The Plaintiff is a Nevada corporation registered to transact business in the State of New York that
transacts business at 523 Avalon Gardens Drive, Nanuet, New York 10954.
2. That Defendant Access Pharmaceuticals, Inc. is a Delaware Corporation registered to transact business
in the State of New York located at 2600 Stemmons Freeway, Suite 176, Dallas, Texas 75207.
AS AND FOR PLAINTIFF’S FIRST CAUSE OF ACTION
3. That Plaintiff and Defendant have entered into an agreement for the provision of certain marketing
services by Plaintiff at the specific request of and for the benefit of the Defendant.
4. Defendant required pre-launch marketing services for it’s MUGARD product and hired Plaintiff to
provide those services.
5. That Plaintiff has fulfilled it’s obligations pursuant to the agreement with the Defendant by providing
marketing services at the specific request of and for the benefit of the Defendant.
6. That pursuant to said agreement Plaintiff was to be paid $68,000.00 for the marketing services it
rendered to the Defendant at the rate of $10,000.00 per month beginning sixty days prior to the launch of the
MUGARD product..
7. That Defendant has failed to pay Plaintiff any part of the $68,000.00 subsequent to the due demand
therefor.
8. That Defendant agreed to pay Plaintiff for the $68,000.00 in invoices submitted to Defendant but has
failed to pay Plaintiff any part of the invoices despite due demand therefor.
AS AND FOR PLAINTIFF’S SECOND CAUSE OF ACTION
9. Plaintiff repeats and re-alleges all of the allegations set forth in paragraphs numbered “1" through “8"
above as if completely set forth herein in their entirety.
10. Plaintiff and Defendant agreed that Plaintiff should be paid a Success Bonus of up to Five Percent of
all revenues generated by it’s marketing of the MUGARD Product that Plaintiff marketed on behalf of the
Defendant.
11. Plaintiff is unable to determine the exact amount the Success Bonus that it earned by it’s marketing
of the Defendant’s MUGARD Product since Plaintiff does not have access to the sales numbers of the
MUGARD product and also because the amount of damages is continuing as a result of continued sales of the
MUGARD product.
12. Defendant has publically projected sales of at least $300,000,000.00 and up to a possible
$1,000,000,000.00 for it’s MUGARD product as a result of the marketing efforts of Plaintiff. Since Plaintiff and
Defendant agreed that a bonus of up to Five Percent of the sales of the MUGARD product would be paid to
Plaintiff if sales exceeded $5,000,000.01, this would result in damages to Plaintiff in the range of $15,000,000.00
up to $50,000,000.00.
13. Upon information and belief, the sales generated by Plaintiff’s efforts have caused sales to exceed
$5,000,000.01.
14. No part of the money due to Plaintiff representing the Success Bonus of up to Five Percent of the
sales it generated of the MUGARD product has been paid to Plaintiff to date.
15. Plaintiff has been damaged by the failure of the Defendant to pay Plaintiff the agreed upon Success
Bonus in the amount up to Five Percent of the sales it generated, an amount calculated to be $15,000,000.00 to
$50,000,000.00 as calculated by the Defendant’s own publically projected sales projections.
WHEREFORE, it is respectfully requested that Plaintiff be awarded damages of $68,000.00 on it’s first
cause of action and awarded damages in an amount to be determined of between $15,000,000.00 and
$50,000,000.00 on it’s Second cause of action.
Dated: March 28, 2011
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_________________________________
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RATTNER & ASSOCIATES P.C.
Attorneys At Law - Attorneys for Plaintiff
2 Perlman Drive - Suite 310
Spring Valley, N.Y. 10977
(845) 512-8700
VERIFICATION
State of New York }
County of ROCKLAND } ss.:
I have read the above Complaint and I verify and believe that the allegations contained therein are true to the best of my knowledge.
______________________________________
Fred Zolla, President/CEO Plaintiff iMedicor, Inc.
On March 28, 2011 before me, the undersigned, a Notary Public in and for said State, personally appeared Fred Zolla, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
__________________________________
Notary Public
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
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COUNTY OF ROCKLAND
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___________________________________
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IMEDICOR, INC.,
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Plaintiff,
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-against-
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ACCESS PHARMACEUTICALS, INC.,
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Defendant.
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___________________________________
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SUMMONS and COMPLAINT
________________________________________
RATTNER & ASSOCIATES P.C.
Attorneys At Law - Attorneys for Plaintiff
2 Perlman Drive - Suite 310
Spring Valley, N.Y. 10977
(845) 512-8700