alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Joseph Moore, Respondent, v City of New York, Appellant.

[816 NYS2d 131]

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated November 24, 2004, as denied its cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured while riding his bicycle on South Lake Drive in Prospect Park when the front wheel of the bicycle fell through a gap between a sewer grating and the roadway. Photographs of the scene depict the gap as being approximately lVa-inches wide, running parallel to the direction of traffic, along the full length of the grating. At the General Municipal Law § 50-h hearing, the plaintiff testified that he did *752not notice anything unusual about the sewer grating prior to the accident. In his subsequent affidavit, he further clarified that the space between the sewer grating and the roadway was not discernible from his vantage point.

“Contrary to the [defendant’s] contention, the injured plaintiff cannot be said as a matter of law to have assumed the risk of being injured as a result of a defective condition on a paved pathway merely because [he] participated in the activity of bicycling” *(Vestal v County of Suffolk,*7 AD3d 613, 614-615 [2004]; *see also Berfas v Town of Oyster Bay,*286 AD2d 466 [2001]). In any event, even if the doctrine of primary assumption of the risk were applicable, the defendant failed to establish, as a matter of law, that the gap between the sewer grating and the roadway in this case was open and obvious, so as to come within the class of risk assumed by the plaintiff *(see Warren v Town of Hempstead,*246 AD2d 536 [1998]; *Weller v Colleges of the Senecas,*217 AD2d 280 [1995]).

Accordingly, the defendant’s motion was properly denied. Adams, J.P., Mastro, Fisher and Covello, JJ., concur.
Order entered March 11 , 2014

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 13

- 01546

- CV

OKLAHOMA SURETY COMP ANY, Appellant

V.

STEVE NOVIELLO, ASSI GNEE OF METRO TOWNHO MES & HOMES, INC.

AND METRO TOWNHOMES LIMITED PARTNERSHIP, Appe llee

On Appeal from the 192nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. 10

- 00335



### O RDER

We GRANT appellee’s March 10, 2014 unopposed second motion for an extension of

time to file a brief. Appellee shall file his brief on or bef ore April 21, 2014 . We caution

appellee that no further extension of time will be granted absent extraordinary circumstances.

/s/ ADA BROWN

JUSTICE
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 429 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 429

 Congratulating the West Oahu Little League Baseball team for winning 
             the 2005 Little League Baseball World Series.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2005

  Mr. Abercrombie (for himself and Mr. Case) submitted the following 
  resolution; which was referred to the Committee on Government Reform

_______________________________________________________________________

                               RESOLUTION

 
 Congratulating the West Oahu Little League Baseball team for winning 
             the 2005 Little League Baseball World Series.

Whereas on Sunday, August 28, 2005, the West Oahu Little League baseball team of 
        Ewa Beach, Hawaii, defeated the Curacao Little League team by a score of 
        7-6 to win the 2005 Little League World Series Championship at South 
        Williamsport, Pennsylvania;
Whereas the Championship game was one of the most exciting in Little League 
        history, with West Oahu overcoming a 3-run deficit and winning the game 
        in the seventh inning;
Whereas the 2005 West Oahu Little League World Championship team consists of 
        players Layson ``Kaeo'' Aliviado, Harrison Kam, Ty Tirpak, Zachary 
        Ranit, Ethan Javier, Vonn Fe'ao, Quentin Guevara, Sheyne Baniaga, 
        Michael Memea, Zachary Rosete, Myron ``Kini'' Enos, Jr., Alaka'i 
        Aglipay, Manager Layton Aliviado, Dugout Coach Tyron Kitashima, and 
        First Base Coach Clint Tirpak;
Whereas the championship victory of the West Oahu Little League Baseball Team 
        testifies to the sportsmanship, hard work, and dedication of its 
        members; and
Whereas the achievement of the West Oahu Little League Baseball Team is the 
        cause of enormous pride for the Nation, the State of Hawaii and the 
        community of Ewa Beach: Now, therefore, be it
    Resolved, That the House of Representatives congratulates the West 
Oahu Little League Baseball Team on its victory in the 2005 Little 
League World Series Championship games.
                                 <all>
```
#### Allan A. Sugarman, Respondent-Appellant, v. David Weisz et al., Appellants-Respondents, and E. Stanley Kleeman, Respondent.

Interlocutory order and judgment (one paper), entered on November 20, 1969, unanimously modified on the law and on the facts to the extent of deleting therefrom those portions ordering relief to plaintiff, and otherwise affirmed, with $50 costs and disbursements to defendants-appellants-respondents. The trial court having correctly found that the plaintiff had failed to prove the existence of an over-all joint venture, and there being no fiduciary relationship between the parties, it was error to direct an accounting. *(Bradkin*v. *Leverton,*26 N Y 2d 192, 199 n. 4; *Kaminsky*v. *Kahn,*20 N Y 2d 573, 582; *Matter of Steinbeck*v. *Gerosa,*4 N T 2d 302, 317-318.) In addition, the statements and payments received and accepted by plaintiff clearly spell out an account stated, barring all of plaintiff’s 'claims. As to the 6th, 18th and 21st causes of action, which were referred to ja Referee for the purpose of inquiring into and fixing fees, they, too, are baJVred, not only for the reasons already above stated, but for the further reason that they do not meet the requirements of the Statute of Frauds (General Obligations Law, § 5-701, subd. 10.) Concur — Capozzoli, J. P., McGivern, Markewich and Tilzer, JJ.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 10888 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
EZER ROSEMBEL BARRIENTOS

- OSORIO , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17

- CR

- 211

- 1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges. PER CURIAM: * Ezer Rosembel Barrientos

- Osorio appeals the sentence imposed upon revocation of his supervised release following his conviction for illegal reentry , contending that the district court plainly erred by imposing a new, 22

- month supervised release term on a deportable alien without explana tion, contrary to U.S.S.G. § 5D1.1 (c). Because Barrientos

- Osorio did not object to his revocation sentence, we review for plain error. See United States v. Jones , 484 F.3d 783,

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 17, 2020 Lyle W. Cayce Clerk Case: 19-10888 Document: 00515493525 Page: 1 Date Filed: 07/17/2020No. 19

- 10888

2 792 (5th Cir. 2007). To show plain error , Barrientos

- Osorio must identify (1 ) a forfeited error (2) that is clear or obvious, and (3) that affects his substantial rights. See Puckett v. United States , 556 U.S. 129, 135 (2009). If he satisfies the first three requirements, we have discretion to remedy the error if the error “seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.” Id . (internal quotation marks and ci tation omitted). We need not decide whether Barrientos

- Osorio has shown clear or obvious sentencing error because even if he could do so, his cursory and misdirected arguments with respect to the third and fourth plain error prongs are inadequate to warra nt the exercise of our corrective discretion. See United States v. Rivera, 784 F.3d 1012, 1019 n.3 (5th Cir. 2015) ; United States v. Charles , 469 F.3d 402, 408 (5th Cir. 2006); United States v. Clark , 2020 WL 3261697, at *1 (5th Cir. June 16, 2020 )

. Cont rary to his assertions, Molina

Martinez v. United States , 136 S. Ct. 1338 (2016), is not dispositive . Because Barrientos

- Osorio has not met his affirmative burden to establish each plain

error prong, see id . at 1343, we AFFIRM the judgment. Case: 19-10888 Document: 00515493525 Page: 2 Date Filed: 07/17/2020
§ 21.5 Communications. Except where otherwise specified in this part, written communications and reports concerning the regulations in this part must be addressed to the NRC's Document Control Desk, and sent by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/e-submittals.html ;* by e-mail to *MSHD.Resource@nrc.gov ;* or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. In the case of a licensee or permit holder, a copy of the communication must also be sent to the appropriate Regional Administrator at the address specified in appendix D to part 20 of this chapter. [72 FR 49487, Aug. 28, 2007, as amended at 74 FR 62680, Dec. 1, 2009; 80 FR 74979, Dec. 1, 2015]
EX-31Rule 13a-14(d)/15d-14(d) Certifications.

 

 

I, HelaineM. Kaplan, certify that:

 

1. I havereviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this reporton Form 10-K of the COMM 2013-CCRE6 Mortgage Trust (the "Exchange Act periodic reports");

 

2. Basedon my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;

 

3. Basedon my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the periodcovered by this report is included in the Exchange Act periodic reports;

 

4. Basedon my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except asdisclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreementsin all material respects; and

 

5. All ofthe reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reportson assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordancewith Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, exceptas otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed inthis report on Form 10-K.

 

In givingthe certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties:

 

Wells FargoBank, National Association, as Master Servicer, Midland Loan Services, a Division of PNC Bank, National Association, as SpecialServicer, U.S. Bank National Association, as Trustee, Park Bridge Lender Services LLC, as Operating Advisor, CoreLogic CommercialReal Estate Services, Inc., as Servicing Function Participant, National Tax Search, LLC, as Servicing Function Participant, MidlandLoan Services, a Division of PNC Bank, National Association, as Primary Servicer for the Moffett Towers Mortgage Loan, RialtoCapital Advisors, LLC, as Special Servicer for the Moffett Towers Mortgage Loan, Wells Fargo Bank, National Association, as Trusteeand Certificate Administrator for the Moffett Towers Mortgage Loan, Wells Fargo Bank, National Association, as Custodian for theMoffett Towers Mortgage Loan, and Park Bridge Lender Services LLC, as Operating Advisor for the Moffett Towers Mortgage Loan.

 

 

 

Dated:October 25, 2019

 

 

/s/Helaine M. Kaplan

 

 

President

(seniorofficer in charge of securitization of the depositor)
Case 2:06-cv-00783-ID-SRW Document 2 Filed 08/31/2006 Page 1 of 17
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PGI 204.402 -General.       (1) The use of “Not Releasable to Foreign Nationals” (NOFORN) caveat on Department of Defense (DoD) Information, to include contract documents, shall not be applied to non-intelligence information except for Naval Nuclear Propulsion Information and the National Disclosure Policy document (NDP-1).          (2) Agencies shall not restrict procurements on the basis of foreign origin but rather on the level of security clearance required by industry to submit an offer and perform on the contract.    **Parent topic:** PGI 204.4 -SAFEGUARDING CLASSIFIED INFORMATION WITHIN INDUSTRY
#### § 110.5 Licensing requirements.

Except as provided under subpart B of this part, no person may export any nuclear equipment or material listed in § 110.8 and § 110.9, or import any nuclear equipment or material listed in § 110.9a, unless authorized by a general or specific license issued under this part.

[56 FR 24684, May 31, 1991, as amended at 58 FR 13002, Mar. 9, 1993]
Ticked OFF! When ticks attach, they place a barbed mouthpiece into your skin—NOT their head. 

icks are pests that live off blood. They • Ticks live in the woods and tall grass. 

find the blood in people and animals. T • They only eat three times: once as While feasting on their host, ticks can larvae, once as nymphs, and once as 

Avoid Tick Bites!

1. Dress right! See page 11.

2. At home, check yourself

from head to toe. Check

your clothes, body, and

hair for ticks.

3. Ask an adult to pull any

ticks off with tweezers.

Stop! If you feel like you have

the flu after being in the woods,

or if you get a rash where a tick

bit, see a doctor. These could

be signs of Lyme Disease. A

doctor can help you get well. 

— a gas people and animals breathe 

out — 

Photo Courtesy 

Minnesota Department 

of Health - Disease 

Prevention and 

Control 

Ick, a Tick! 

Mark an "X" on 

I wait hours before I attach. Then I take up

to 24 or more hours to get ready to suck

your blood. I can pass diseases ONLY once I've

started feeding. That means that you have

plenty of time to find me and take me off.

Under a magnifying

glass you can see

me. Otherwise I am 

really quite small! 

Check and protect

your pets, too. 

United States Environmental Protection Agency 2003 13 

For more about Lyme Disease, see: Tip

http://www.cdc.gov/ncidod/dvbid/lyme/ 

Ticks wait for their food to come to them. 

Ticks can sense body heat and carbon 

dioxide 

to find prey. When blood sources like 

humans brush against them, ticks hop on. 

adults. 

Ticks can be found all over the United States. People 

living in the shaded states of the country have a 

higher risk of being bitten by ticks carrying the 

bacteria that causes Lyme Disease. 

the state that YOU live in. 

for Grown-ups: 

Ticks attach themselves to your body with their 

mouths. The best way to remove them is with 

tweezers, making sure not to leave any tick body 

parts in your skin. 

Source: Centers for Disease Control and Prevention 

(http://www.cdc.gov/health/). Cited by the American 

Lyme Disease Foundation, Inc.(www.aldf.com/). 

pass along sicknesses like Lyme Disease.
PGI 247.271-3 Solicitation provisions,

schedule formats, and contract clauses.

(c) DTR 4500.9-R, Defense Transportation Regulation, Part IV, Appendix G-3 (available at

http://www.transcom.mil/dtr/part-iv/dtr-part-4-app-g3.pdf), contains guidance on schedules as

follows:

Schedule I Outbound Services, Pages 6-12.

Schedule II Inbound Services, Pages 13-17.

Schedule III Intra-City and Intra-Area Moves, Page 18.

(1) Demurrage and detention charges.

(i) Carrier demurrage/detention is a charge made against a consignor (shipper) or consignee

(receiver) for the extended use of carrier-furnished equipment when delays attributable to the

consignor or consignee occur. Carrier demurrage/detention rules usually allow a period of free time

for loading, unloading, or holding equipment.

(ii) Carrier-published demurrage/detention rules and charges are not uniform from one carrier to

another. Contracting officers should specifically address them in the contract. While

demurrage/detention rules are published in individual carrier tariffs or agency tenders, Contracting

Officers may negotiate contract-specific demurrage/detention rules and charges independent of any

existing tariffs or tenders.

(6) Process any modification of schedule format, other than those authorized in paragraph (c) of this

subsection, as a request for deviation to the Commander, SDDC.

Parent topic: PGI 247.271 RESERVED
IV 

109TH CONGRESS 

1ST SESSION H. RES. 570 

Providing for consideration of the bill (H.R. 3925) to provide that a Federal 

public safety position may not be held by any political appointee who 

does not meet certain minimum requirements. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2005 

Mr. WAXMAN submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Providing for consideration of the bill (H.R. 3925) to provide 

that a Federal public safety position may not be held 

by any political appointee who does not meet certain 

minimum requirements. 

1 Resolved, That immediately upon the adoption of this 

2 resolution the House shall without intervention of any 

3 point of order consider in the House the bill (H.R. 3925) 

4 to provide that a Federal public safety position may not 

5 be held by any political appointee who does not meet cer6 tain minimum requirements. The bill shall be considered 

7 as read. The previous question shall be considered as or8 dered on the bill to final passage without intervening mo-
2 

HRES 570 IH 

1 tion except: (1) one hour of debate on the bill equally di2 vided and controlled by the chairman and ranking minor3 ity member of the Committee on Government Reform; and 

4 (2) one motion to recommit. 

Æ
#### DE CORDOVA v. SANVILLE.

(Supreme Court, Appellate Division, First Department.

January 15, 1915.)

Action by Evelyn De Cordovo, as executrix, against Arthur J. Sanville.

No opinion. Motion granted. Question certified. Order filed. See, also, 150 N. Y. Supp. 709.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
           Information taken from the September 30, 1996 Form 10-Q.
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JUL-01-1996
<PERIOD-END>                                   SEP-30-1996
<CASH>                                         1,800    
<SECURITIES>                                   13,544    
<RECEIVABLES>                                  0             
<ALLOWANCES>                                   0             
<INVENTORY>                                    0             
<CURRENT-ASSETS>                               15,927    
<PP&E>                                         19,913    
<DEPRECIATION>                                 (9,265)   
<TOTAL-ASSETS>                                 27,456    
<CURRENT-LIABILITIES>                          3,071    
<BONDS>                                        4,113    
<PREFERRED-MANDATORY>                          0             
<PREFERRED>                                    0             
<COMMON>                                       20    
<OTHER-SE>                                     19,242    
<TOTAL-LIABILITY-AND-EQUITY>                   27,456    
<SALES>                                        0             
<TOTAL-REVENUES>                               75    
<CGS>                                          0             
<TOTAL-COSTS>                                  3,714    
<OTHER-EXPENSES>                               0             
<LOSS-PROVISION>                               0             
<INTEREST-EXPENSE>                             144    
<INCOME-PRETAX>                                (3,542)   
<INCOME-TAX>                                   0             
<INCOME-CONTINUING>                            (3,542)   
<DISCONTINUED>                                 0          
<EXTRAORDINARY>                                0             
<CHANGES>                                      0            
<NET-INCOME>                                   (3,542)   
<EPS-PRIMARY>                                  (0.18)
<EPS-DILUTED>                                  0
        


</TABLE>