FILED: NEW YORK COUNTY CLERK 08/08/ :20 PM INDEX NO /2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/08/2017 EXHIBIT 1

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1 EXHIBIT 1

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x JARVIK HEART, INC., -against- Plaintiff, CALON CARDIO-TECHNOLOGY LTD., STUART MCCONCHIE, JOHN TEAL and ALANIINTINTOLO, Index No /2017 AFFIRMATION OF JOHN TEAL Defendants. - - X I, John Teal, affirm the following to be true under the penalties of perjury pursuant to CPLR 2106: 1. I am a 31 -year-old graduate of Columbia University with an undergraduate degree in mechanical engineering. 2. I submit this Affirmation in support of the motion of myself and co-defendant Alani Intintolo (collectively, the "Moving Defendants") to dismiss the complaint filed in this action (the "Complaint"). 3. I am currently a resident of Swansea, Wales, United Kingdom. 4. I am a former employee of Plaintiff Jarvik Heart, Inc. ("Plaintiff'). 5. I began working for Plaintiff upon my graduation from college, on or around August 25, 2008, and worked there until my resignation from Plaintiff in May of On the day I started my employment, the director of HR at Plaintiff put the documents titled "Jarvik Heart Inc. Employment Agreement" and "Jarvik Heart, Inc. Confidentiality, Proprietary Information, and Inventions and Non-compete Agreement" SMRH:

3 (collectively, the "Agreements," attached to the Complaint in the above-captioned action as Exhibits B and C) in front of me and instructed me to sign them. 7. At no time did I make or propose any changes to the Agreements. They were signed as presented to me by Plaintiffs staff. 8. Following my resignation from Plaintiff, I made arrangements to leave New York and take up residence in Swansea, Wales. 9. In furtherance of these arrangements, I submitted a change of address request to the United States Postal Service on June 27, 2017, requesting that the change of address be effective on June 28, I requested that all mail be redirected away from my previous residence at 244 West 10 th Street, #16, New York City, and instead be sent to my parents' address in Washington. 11. A true and correct copy of a confirmatory sent by the United States Postal Service to me regarding my change of address request is attached hereto as Exhibit A. 12. The following morning, June 28, 2017,1 completed moving all of my possessions out of my fonner residence at 244 West 10 th Street, #16, New York City, by 3:00pm. 13. Attached hereto as Exhibit B is a true and correct copy of a screenshot of the texts I sent my fonner landlord and building manager, ending at 3:05pm on June 28, 2017 when I notified my landlord that I had finished moving out all of my possessions from the unit and had turned over my keys to the unit by leaving them at the agreed-to location. 14. Once I left the keys behind, I no longer had the ability to access the apartment without the assistance of my former landlord. SMRH:

4 15. Attached as Exhibit C is a true and correct copy of a screenshot of additional communications between me and my landlord on June 26 and June 27, indicating my intent to vacate the apartment on June 28 and providing a forwarding address in Washington State. 16. By 6:00pm on June 28, 2017,1 was no longer present within the State of New York, and have not returned to the State of New York since that date. I have now established residence in Swansea, Wales. 17. I have never received a physical copy of the papers filed in this action by any means. 18. I have no knowledge of whether anyone came to my former residence to try and give me any papers, or whether any papers were ever left for me at my former residence. 19. I am informed and believe that my parents eventually received a copy of the papers in this action, which were forwarded to them by the United States Postal Service per my June 27, 2017 notice to the United States Postal Service instructing them to forward all mail sent to my prior address at 244 West 10 th Street to my parents' address in Washington. I affirm this 8th day of August, 2017 under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. John Teal SMRH:

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6 Forwarded message - From: U.S. Postal Service <ChangemyAddress@usps.gov> Date: Tue, Jun 27,2017 at 23:13 Subject: Official Change of Address Confirmation and Next Steps To: <teal.iohn@gmail.com> MUSPS.COM ^ Official USPS Change of Address Dear John, Thank you for submitting your change of address request on USPS.com. This is your official receipt for the $1.00 identity verification fee you were charged during the Change of Address request. Order Submission on: June 27, 2017 Confirmation Code: Requested Start Date: June 28, 2017 View your order information >

7 Please make sure to notify other important parties of your change of address. Mail forwarding only covers certain classes of mail of a period of up to 12 months. Government agencies and mailers are not automatically notified of your new address, so it is important that you inform parties directly. Please retain this Official Change of Address Confirmation for your records as local agencies and/or resources may require it for proof of your move. Coupons you are eligible for as part of your Change of Address Request: Plus, click through for an exclusive blinds and shades offer. 10% off your next purchase Expiration Date 07/31/ Redeem Offer Ask how you can enjoy the same rate for 2 years. TV, Internet & Home Phone Expiration Date: 07/31/ Redeem Offer WORLD MARKET A MrtCT.-MfW Save 20% on your ENTIRE purchase Exp. Date: 10/31/ Redeem Offer BED BATH & BEYONIO 20% off your ENTIRE purchase Expiration Date: 08/03/ Redeem Offer. VIEW ALL COUPONS Don't forget to register to VOTE! Get Started at MyMove.com J Compare TV, phone, and internet services at MyMove.com 2

8 Continue Save with dozens of coupons and discounts at MyMove.com Continue Note Please do not reply to this message. This message was sent from a notification-only address that cannot accept incoming The person who submitted this change of address form states that he or she is the person, executor, guardian, authorized officer, or agent of the person for whom mail would be forwarded under this order. Anyone submitting false or inaccurate information on this form is subject to punishment by fine or imprisonment or both under Sections 2, 1001, 1702 and 1708 of Title 18, United States Code. Not Changing Your Address? For help or to contact us about an erroneous Change of Address, please call ASK-USPS or visit usps.com and click on the Contact Us Link. Receiving Duplicate s from Us? This might be happening if: «You filed more than one change of address order using the same address; You share an address with someone who used the address for their change of address order(s);. You moved more than once within the 12-month period. In this case, you can use the Order Submitted On date at the top of this to help you tell which Change of Address order this applies to. To Unsubscribe Your Address You are currently subscribed as teal.iohn@qmail.com. We sent you this because you filed a change of address with the U.S. Postal Service. Please click here to unsubscribe if you no longer wish to receive USPS mail forwarding notifications. Privacy Notice For more information regarding our privacy policies visit usps.com/privacvpolicv. 3

9 Feedback. To provide feedback, mail your comments to: National Customer Support Center United States Postal Service, 225 N Humphreys Bivd Ste 501, Memphis, TN Imagitas and the U.S. Postal Sen/ice cannot guarantee the accuracy of the statements made by the advertisers or the content of the editorial material. Neither Imagitas nor the U.S. Postal Service endorses any company, product or service listed or advertised in this . Neither Imagitas nor the U.S. Postal Service will be held liable in any manner for any claim, loss, expense, damage or consumer dissatisfaction arising out of or in connection with the use of this or the MoversGuide Online product. Copyright 2017 Imagitas, Inc. and United States Postal Service. All Rights Reserved. 4

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11 NYSCEF DOC. NO. oo G VPN 13:04 RECEIVED NYSCEF: 08/08/2017 < 0 Tim Wed, Jun 28, 15:05 The apartment is all empty and ready to go. Door is unlocked keys are in the top right cabinet. Thanks for everything and best of luck to you Same to you and thank you Where is the top lock key. I can not find in cabinet Carmen asked for it when she was by she should have it. I think also your associate made a copy a couple of weeks ago Got it. So you gave to Carmen this morning? Perfect thank you CSfc imessage

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13 244w10/apt 16 vacate date J I o me to picoalex@aol.com o Jun 26 Hi, I just wanted to let you know that I'm planning on leaving the apartment Wednesday afternoon... Should you all a couple of days to clean it up etc. before July 1, Hope you had good luck finding a new tenant! o picoalex to me J Jun 27 OK, thanks. Nancy will contact you regarding the walk through and getting the keys back. Please send me your forwarding address for your security deposit. me to picoalex 0 Jun 27 Sounds good. Forwarding address is: John Teal Dogwood Lane Woodway, WA 98020

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