alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Louvinia Curtis, Appellant, v Dayton Beach Park No. 1 Corp. et al., Respondents.

[806 NYS2d 664]

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Levine, J.), dated *512November 15, 2004, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint.

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

A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it *(see Britto v Great Atl. & Pac. Tea Co., Inc.,*21 AD3d 436 [2005]; *Murphy v Lawrence Towers Apts., LLC,*15 AD3d 371 [2005]; *Joachim v 1824 Church Ave., Inc.,*12 AD3d 409 [2004]; *Ford v Citibank, N.A.,*11 AD3d 508 [2004]; *Friedman v Gannett Satellite Info. Network,*302 AD2d 491 [2003]). The defendants met their burden of establishing that they neither created the allegedly dangerous condition which caused the accident nor had actual or constructive notice of the defect *(see Alvarez v Prospect Hosp.,*68 NY2d 320 [1986]). In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact as to whether the defendants had actual or constructive notice of the alleged defect. A property owner is not obligated to cover all of its floors with mats or to continuously mop up all moisture resulting from tracked-in precipitation *(see Miller v Gimbel Bros.,*262 NY 107 [1933]; *Negron v St. Patrick’s Nursing Home,*248 AD2d 687 [1998]). In the absence of proof as to how long a chunk of ice was on the floor of the hallway, there is no evidence to permit an inference that the defendants had constructive notice of the alleged defect which caused the plaintiff to fall *(see Kershner v Pathmark Stores,*280 AD2d 583 [2001]; *McDuffie v Fleet Fin. Group,*269 AD2d 575 [2000]). Moreover, general awareness that ice may be tracked into a building during inclement weather is insufficient to establish constructive notice of the particular condition which caused the plaintiff to fall *(see Yearwood v Cushman & Wakefield,*294 AD2d 568 [2002]; *cf. Fielding v Rachlin Mgt. Corp.,*309 AD2d 894 [2003]). Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment. Adams, J.E, Luciano, Mastro and Lunn, JJ., concur.
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                                                    EXHIBIT 12.1

                   GTECH HOLDINGS CORPORATION AND SUBSIDIARIES

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>
                                                                          (Unaudited)
                                                                       Six Months Ended
                                                            -------------------------------------
                                                             August 23,              August 24,
                                                               2003                    2002
                                                            ------------           --------------
                                                            (Dollars in thousands, except ratios)
<S>                                                         <C>                    <C>
Earnings:
  Income before income taxes                                  $  142,067            $   108,466
  Add:
    Interest on indebtedness                                       4,011                  5,643
    Equity income, net of distributions                             (289)                   653
    Minority losses                                                1,578                  1,141
    Portion of rents representative of the interest factor         3,222                  3,222
    Amortization of capitalized interest                             384                    624
                                                              ----------            -----------
      Adjusted earnings                                       $  150,973            $   119,749
                                                              ==========            ===========

Fixed charges:
    Interest on indebtedness                                       4,011                  5,643
    Portion of rents representative of the interest factor         3,222                  3,222
    Capitalized interest                                           1,080                      -
                                                              ----------            -----------
      Total fixed charges                                     $    8,313            $     8,865
                                                              ==========            ===========

        Ratio of earnings to fixed charges                         18.16                  13.51
                                                              ==========            ===========
</TABLE>
I

104TH CONGRESS

1ST SESSION H. R. 1001

To deauthorize a portion of the project for improving the Mystic River,

Connecticut.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 21, 1995

Mr. GEJDENSON introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To deauthorize a portion of the project for improving the

Mystic River, Connecticut.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEAUTHORIZATION OF A PORTION OF THE

4 MYSTIC RIVER, CONNECTICUT, PROJECT.

5 The following portion of the project for improving the

6 Mystic River, Connecticut, authorized by the River and

7 Harbor Act approved March 4, 1913 (37 Stat. 802), is

8 not authorized after the date of the enactment of this Act:

9 Beginning in the 15-foot deep channel at coordinates

10 north 190860.82, east 814416.20, thence running
2

•HR 1001 IH

1 southeast about 52.01 feet to the coordinates north

2 190809.47, east 814424.49, thence running south3 west about 34.02 feet to coordinates north

4 190780.46, east 814406.70, thence running north

5 about 80.91 feet to the point of beginning.

Æ
# L_2022297EN.01008301.xml

| 17.11.2022 | EN | Official Journal of the European Union | L 297/83 |
| --- | --- | --- | --- |

17.11.2022

EN

Official Journal of the European Union

L 297/83

---

Corrigendum to Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management

(
  Official Journal of the European Union L 228 of 4 September 2019
  )

On page 32, in Annex I, point (59), in the amendment to point (b) of Appendix VIII to Annex I to Regulation (EU) No 1321/2014:

for:

| ‘(59) | in Appendix VIII, point (b)(9) is deleted.’, |
| --- | --- |

‘(59)

in Appendix VIII, point (b)(9) is deleted.’,

read:

| ‘(59) | in Appendix VIII, point (b) is amended as follows:






  (i) | point (b)(9) is deleted; |
| --- | --- | --- |

‘(59)

in Appendix VIII, point (b) is amended as follows:

(i)

point (b)(9) is deleted;

| (ii) | the third sentence is replaced by the following:

  “The criteria 1 to 8 cannot be overridden by less restrictive instructions issued in accordance with ‘M.A.302(d) Maintenance Programme”.’. |
| --- | --- |

(ii)

the third sentence is replaced by the following:

“The criteria 1 to 8 cannot be overridden by less restrictive instructions issued in accordance with ‘M.A.302(d) Maintenance Programme”.’.

---
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Morgan Stanley Capital I Inc. 

1585 BROADWAY

NEW YORK, New York 10036-8200

 

Re:          Annual Statement of Compliance for Morgan Stanley Capital I Trust 2016-UBS12,Commercial Mortgage Pass-Through Certificates Series 2016-UBS12

 

Per the Pooling and ServicingAgreement dated as of December 1, 2016 (the "Agreement"), theundersigned, a duly authorized officer of Wells Fargo Bank, N.A., asCertificate Administrator ("Wells Fargo"), hereby certifies asfollows as of and for the year ending December 31, 2016 (the "ReportingPeriod"):

 

(a)     A review of Wells Fargo's activities during the Reporting Period and of itsperformance under the Agreement has been made under such officer's supervision;and

 

(b)     Tothe best of such officer's knowledge, based on such review, Wells Fargo hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

February 27, 2017

 

  

/s/ Brian Smith

BRIAN SMITH

Vice President

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
V

104TH CONGRESS

1ST SESSION H. R. 1087

For the relief of Nguyen Quy An and Nguyen Ngoc Kim Quy.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 28, 1995

Ms. LOFGREN introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

For the relief of Nguyen Quy An and Nguyen Ngoc Kim

Quy.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PERMANENT RESIDENT STATUS FOR NGUYEN

4 QUY AN AND NGUYEN NGOC KIM QUY.

5 (a) IN GENERAL.—Notwithstanding subsections (a)

6 and (b) of section 201 of the Immigration and Nationality

7 Act, Nguyen Quy An and Nguyen Ngoc Kim Quy shall

8 each be eligible for issuance of an immigrant visa or for

9 adjustment of status to that of an alien lawfully admitted

10 for permanent residence upon filing an application for is11 suance of an immigrant visa under section 204 of such
2

•HR 1087 IH

1 Act or for adjustment of status to lawful permanent resi2 dent.

3 (b) ADJUSTMENT OF STATUS.—If Nguyen Quy An

4 or Nguyen Ngoc Kim Quy enters the United States before

5 the filing deadline specified in subsection (c), he or she

6 shall be considered to have entered and remained lawfully

7 and shall, if otherwise eligible, be eligible for adjustment

8 of status under section 245 of the Immigration and Na9 tionality Act as of the date of the enactment of this Act.

10 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

11 FEES.—Subsections (a) and (b) shall apply only if the ap12 plication for issuance of an immigrant visa or the applica13 tion for adjustment of status is filed with appropriate fees

14 within 2 years after the date of the enactment of this Act.

15 (d) REDUCTION OF IMMIGRANT VISA NUMBER.—

16 Upon the granting of an immigrant visa or permanent res17 idence to Nguyen Quy An and Nguyen Ngoc Kim Quy,

18 the Secretary of State shall instruct the proper officer to

19 reduce by 2, during the current or next following fiscal

20 year, the total number of immigrant visas that are made

21 available to natives of the country of the aliens’ birth

22 under section 203(a) of the Immigration and Nationality

23 Act or, if applicable, the total number of immigrant visas
3

•HR 1087 IH

1 that are made available to natives of the country of the

2 aliens’ birth under section 202(e) of such Act.

Æ
# L_2019084EN.01000301.xml

| 26.3.2019 | EN | Official Journal of the European Union | L 84/3 |
| --- | --- | --- | --- |

26.3.2019

EN

Official Journal of the European Union

L 84/3

---

COMMISSION IMPLEMENTING REGULATION (EU) 2019/487

of 19 March 2019

entering the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ (TSG) in the register of traditional specialities guaranteed

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, Austria's application to register the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, Austria's application to register the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Ziegen-Heumilch’/‘Goat's Haymilk’/‘Latte fieno di capra’/‘Lait de foin de chèvre’/‘Leche de heno de cabra’ (TSG) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.4. — Other products of animal origin (eggs, honey, various dairy products except butter, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 March 2019.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 400, 6.11.2018, p. 7.

2

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

3

---
#### § 19.340 If I disclose unfavorable information required under § 19.335, will I be prevented from participating in the transaction?

As a primary tier participant, your disclosure of unfavorable information about yourself or a principal under § 19.335 will not necessarily cause us to deny your participation in the covered transaction. We will consider the information when we determine whether to enter into the covered transaction. We also will consider any additional information or explanation that you elect to submit with the disclosed information.
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Joe Louis Fuentes, Jr.

, * From the 238th District Court

of Midland County,

Trial Court No. CR43245

.

Vs. No. 11

- 14

- 00273

- CR * October 20 , 2016

The State of Texas

, * Memorandum Opinion by Wright

, C. J

. (Panel consists of: Wright, C.J.,

Willson , J. , and Bailey, J. )

This court has inspected the record in this cause and concludes that

there is no error in the judgment s below. Therefore, in accordance with this

co urt ’ s opinion, the judgment s of the trial court are in all things affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                             358
<SECURITIES>                                         0
<RECEIVABLES>                                   27,888
<ALLOWANCES>                                         0
<INVENTORY>                                     27,290
<CURRENT-ASSETS>                                68,126
<PP&E>                                          21,409
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 133,908
<CURRENT-LIABILITIES>                           33,558
<BONDS>                                        125,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,521
<OTHER-SE>                                   (144,365)
<TOTAL-LIABILITY-AND-EQUITY>                   133,908
<SALES>                                         82,653
<TOTAL-REVENUES>                                82,653
<CGS>                                           48,142
<TOTAL-COSTS>                                   48,142
<OTHER-EXPENSES>                                32,181
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,066
<INCOME-PRETAX>                               (17,140)
<INCOME-TAX>                                   (4,171)
<INCOME-CONTINUING>                           (12,969)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (10,553)
<CHANGES>                                            0
<NET-INCOME>                                  (23,522)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
SERVED JUNE 17, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

JNL MARBLE AND GRANITE, INC. 

FAA DOCKET NO. CP10WP0007 

(Civil Penalty Action) 

DMS No. FAA-2010-0541 

NOTICE OF ASSIGNMENT OF PROCEEDING 

This proceeding (heretofore designated as Case No. 2008WP700206) has been assigned 

to Administrative Law Judge Richard C. Goodwin. All future pleadings and other 

communications regarding this proceeding shall be served on the Judge, the FAA Hearing 

Docket, and the other persons on the attached Service List. 

- n 

ie A. Yode 

Chief Administrative Kaw 

Attachment - Service List 
mm^^^fm 

FAA Docket No. CP10WP0007 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-43 0 

Wilbur Wright Building—Suite 2W1OOO' 

ONE COPY 

JNL Marble and Granite, Inc., Respondent 

ATTN: Joel Huerta 

6429 Southfi-ont Road, Unit C 

Livermore, CA 94551 

TEL: 925-371-0885 

Lierre Green, Complainant's Counsel 

Attorney, Office of Regional Counsel, AWP-7.6 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90019-2007 

TEL: 310-725-7117 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Office of the Secretary

# AGENCY:

Defense Acquisition University, DoD.

# ACTION:

Notice of meeting.

# SUMMARY:

The next meeting of the Defense Acquisition University (DAU) Board of Visitors (BoV) will be held at DAU Midwest Region in Kettering, Ohio. The purpose of this meeting is to report back to the BoV on continuing items of interest.

# DATES:

September 16, 2009 from 0900-1500.

# ADDRESS:

Holiday Inn Dayton Mall, 31 Prestige Plaza Drive, Miamisburg, OH 45342.

# FOR FURTHER INFORMATION CONTACT:

Ms. Christen Goulding at 703-805-5134.

# SUPPLEMENTARY INFORMATION:

The meeting is open to the public; however, because of space limitations, allocation of seating will be made on a first-come, first served basis. Persons desiring to attend the meeting should call Ms. Christen Goulding at 703-805-5134.

Dated: August 12, 2009.

Patricia L. Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. E9-19794 Filed 8-18-09; 8:45 am]

BILLING CODE 5001-06-P
#### Gary Jones, Respondent, v Stacey E. Budhwa et al., Appellants.

[803 NYS2d 511]

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 22, 2004, which granted plaintiffs motion for reargument, and, upon reargument, denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

Reargument was properly granted where the court acknowledged that it had misapprehended the medical documentation plaintiff submitted in opposition to the motion for summary judgment by defendants (CPLR 2221 [d] [2]).

Upon reargument, the court properly denied summary judgment dismissal of the complaint. The evaluation by plaintiffs treating physician was based on his own examination and objective medical evidence, including an MRI *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345, 350-351 [2002]), and concluded that the injuries were both related to the accident and permanent. This evidence raises triable issues of fact as to whether plaintiff sustained “serious injury” within the meaning, of Insurance Law § 5102 (d). There is sufficient explanation in the record for the alleged gap of 17 months between the discontinuance of plaintiffs treatment and his February 2004 examination *(see Pommells v Perez,*4 NY3d 566, 577 [2005]; *Brown v Achy,*9 *155AD3d 30, 33-34 [2004]). Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.