alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Tara Spinoccia, Appellant, v Fairfield Bellmore Avenue, LLC, Respondent.

[943 NYS2d 601]—

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated September 22, 2010, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on a small patch of black ice in a parking lot located within an apartment complex owned by the defendant.

A property owner will be held liable for damages sustained in a slip-and-fall accident “only when it created the dangerous condition which caused the accident or had actual or constructive notice thereof’ *(Robinson v Trade Link Am.,*39 AD3d 616, 616-617 [2007]; *see Zabbia v Westwood, LLC,*18 AD3d 542, 544 [2005]).

The defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that it neither created nor had actual or constructive notice of the icy condition alleged to have caused the plaintiff’s fall *(see Christal v Ramapo Cirque Homeowners Assoc.,*51 AD3d 846 [2008]). In opposition, the plaintiff failed to raise a triable issue of fact *(see Gjoni v 108 Rego Devs. Corp.,*48 AD3d 514, 515 [2008]). The plaintiff did not contend that the defendant created the icy condition. Furthermore, there was no proof to support the *994plaintiffs contention that the defendant had actual or constructive notice of the ice patch. Both the plaintiff and a representative of the defendant testified at their depositions that they did not see the patch of ice at any time before the accident. In addition, the affidavit of the plaintiffs expert did not establish when or how the subject ice patch developed. Under these circumstances, any finding as to when the ice patch developed, and consequently, whether there was adequate time to discover and remedy the situation, could only be based on speculation *(see Makaron v Luna Park Hous. Corp.,*25 AD3d 770 [2006]; *Murphy v 136 N. Blvd. Assoc.,*304 AD2d 540, 540-541 [2003]; *Carricato v Jefferson Val. Mall Ltd. Partnership,*299 AD2d 444 [2002]).

Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint *(see generally Zuckerman v City of New York,*49 NY2d 557 [1980]). Rivera, J.P., Chambers, Roman and Sgroi, JJ., concur.
#### Wakela Jackson, Respondent, v Rana Draz et al., Appellants.

[942 NYS2d 616]

In an action to recover damages for personal injuries, the defendants appeal, as limited by their *1058brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated July 19, 2011, as denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

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

The defendants failed to meet their prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992])., The defendants failed to adequately address the plaintiffs claim that she sustained a medically-determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her ususal and customary daily activities for not less than 90 days during the 180 days immediately following the subject accident *(see Aujour v Singh,*90 AD3d 686, 686-687 [2011]; *Bangar v Man Sing Wong,*89 AD3d 1048, 1049 [2011]).

Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint, without regard to the sufficiency of the papers submitted by the plaintiff in opposition *(see Aujour v Singh,*90 AD3d at 687; *Bangar v Man Sing Wong,*89 AD3d at 1049). Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ, concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE HIE, INC.
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 1998 AND
THE HIE, INC. CONSOLIDATED BALANCE SHEET AS OF DECEMBER 31, 1998 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           3,167
<SECURITIES>                                         0
<RECEIVABLES>                                   13,015
<ALLOWANCES>                                       720
<INVENTORY>                                          0
<CURRENT-ASSETS>                                18,017
<PP&E>                                           4,483
<DEPRECIATION>                                   2,194
<TOTAL-ASSETS>                                  31,535
<CURRENT-LIABILITIES>                           10,595
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           250
<OTHER-SE>                                      20,048
<TOTAL-LIABILITY-AND-EQUITY>                    31,535
<SALES>                                         27,184
<TOTAL-REVENUES>                                27,184
<CGS>                                            7,954
<TOTAL-COSTS>                                   24,525
<OTHER-EXPENSES>                                 1,060
<LOSS-PROVISION>                                   270
<INTEREST-EXPENSE>                                 254
<INCOME-PRETAX>                                  1,498
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,498
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,498
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.06
        

</TABLE>
# C_2019148EN.01005501.xml

| 29.4.2019 | EN | Official Journal of the European Union | C 148/55 |
| --- | --- | --- | --- |

29.4.2019

EN

Official Journal of the European Union

C 148/55

---

Action brought on 25 February 2019 — Oosterbosch v Parliament

(Case T-131/19)

(2019/C 148/54)

Language of the case: French

Parties

Applicant: Marc Oosterbosch (Brussels, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

| — | declare that the present application is admissible and well founded; |
| --- | --- |

—

declare that the present application is admissible and well founded;

consequently:

| — | annul the ‘contested decision’ comprising the payslips for the months of March, April and June 2018; |
| --- | --- |

—

annul the ‘contested decision’ comprising the payslips for the months of March, April and June 2018;

| — | declare, if necessary, that the decision of 6 November 2018 rejecting the complaint is annulled; |
| --- | --- |

—

declare, if necessary, that the decision of 6 November 2018 rejecting the complaint is annulled;

| — | order the defendant to pay all the costs. |
| --- | --- |

—

order the defendant to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, based on infringement of the principles of legality and legal certainty and a plea of illegality: the contested decision was taken on the basis of unlawful internal rules and implementing provisions.

---
<PAGE>
                                                                    EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

    We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-00166) pertaining to the Sync Research, Inc. Amended and
Restated 1991 Stock Plan, the Sync Research, Inc. 1995 Employee Stock Purchase
Plan and the 1995 Directors' Stock Option Plan and related Prospectus and in the
Registration Statement (Form S-8 No. 333-10941) pertaining to the Sync Research,
Inc. Amended and Restated 1991 Stock Plan and related Prospectus and in the
Registration Statement (Form S-8 No. 333-12315) pertaining to the 1994 Assumed
TyLink Corporation Equity Incentive Plan and the Sync Research, Inc. 1996
Non-Executive Stock Option Plan of our report dated January 28, 1997, except for
Note 12, as to which the date is March 20, 1997, with respect to the
consolidated financial statements and schedule of Sync Research, Inc. included
in the Annual Report (Form 10-K) for the year ended December 31, 1996.

                                                               ERNST & YOUNG LLP

Orange County, California
March 27, 1997

                                       55
**EXHIBIT 32.2**

**CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I,Kenneth J. Saunders, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that except for the failure to timely file the report, the Quarterly Report ofPeregrine Systems, Inc. on Form 10-Q for the period endedDecember 31, 2004 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 and thatinformation contained in such Quarterly Report on Form 10-Q fairlypresents in all material respects the financial condition and results ofoperations of Peregrine Systems, Inc.
| Date: April 29, 2005 |                                                           |
|----------------------|----------------------------------------------------------------|
|                      | /s/ Kenneth Saunders                                           |
|                 | Kenneth J. Saunders                                            |
|                 | *Executive Vice President & Chief  Financial Officer* |

 

A signed original of this written statement requiredby Section 906 has been provided to Peregrine Systems, Inc. and willbe retained by Peregrine Systems, Inc. and furnished to the Securities andExchange Commission upon request.

----
**Exhibit
32**
 
 CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION
 906 OF
THE SARBAENES-OXLEY ACT OF 2002
 In
connection with the Annual Report of American Commerce Solutions, Inc. (the
'Company') on Form 10-KSB for the year ended February 28, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the 'Report'), each
of the undersigned officers of the Company certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbaenes-Oxley Act of
2002, that to such officer's knowledge: Section 13(a)
 
 (1)  The
Report fully complies with the requirements of Section 13 (a) of Section 15 (d)
of the Securities and Exchange Act of 1934: and
 
 (2)  The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company as of the dates
and for the periods expressed in the Report.
 
 In
accordance with the Exchange Act, this report has been signed below by the
following persons on behalf of the registrant and in the capacities and on the
dates indicated.
 **American
      Commerce Solutions, Inc.**Date: May
      27, 2005
    By:
    /s/ Robert
      E. Maxwell
      Robert
      E. MaxwellTitle:Chairman
      of the Board and Director
 
 Date: May
      27, 2005
    By:
    /s/ Daniel
      L. Hefner
      Daniel
      L. HefnerTitle:
      Chief Executive Officer, President and
    DirectorDate: May
      27, 2005
    By:
    /s/ Frank
      D. Puissegur
      Frank
      E. PuissegurTitle:
      Chief Financial Officer, Principal Financial Officer and
      Director
### IN THE TENTH COURT OF APPEALS

No. 10

- 12

- 00314

- CV No. 10

- 12

- 00315

- CV

DAVID JONES, JR. , Appellant

v.

THE STATE OF TEXAS , Appellee

From the 54th District Court McLennan County, Texas Trial Court No s . 1986

- 679

- C and 2003

- 964

- C

MEMORANDUM OPINION

The Clerk of th is Court notified Appellant by letter s dated November 7, 2012 that

the Court has not received the docketing statement in these appeals and warned
Appellant that i f the docketing statement s were not filed within 21 days from the date

of those letter s , th ese appeal s w ould be dismissed without further notification.

Because the docketing statement s have not been filed, these appeals are

dismissed. T EX

. R. A PP

. P. 42.3(b), (c).Jones v. State Page 2 REX D. DAVIS Justice
Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeals dismissed Opini on delivered and filed December 27 , 2012 [CV06 ]
Exhibit 10.2(b)

Schedule
of Officers and Directors that are parties to Indemnification Agreement
with Impac Mortgage Holdings, Inc.

|Name of Officer/Director |  | Date of Agreement  |  | 
|------------------------ |  | ------------------ |  | 
|Joseph R. Tomkinson      |  | September 24, 2002 |  | 
|William S. Ashmore       |  | September 24, 2002 |  | 
|Ronald M. Morrison       |  | September 24, 2002 |  | 
|Todd R. Taylor           |  | October 19, 2004   |  | 
|James Walsh              |  | September 2, 2002  |  | 
|Stephan R. Peers         |  | September 2, 2002  |  | 
|Frank P. Filipps         |  | September 2, 2002  |  | 
|William E. Rose          |  | September 2, 2002  |  | 
|Leigh J. Abrams          |  | September 2, 2002  |  | 
|William D. Endresen      |  | May 1, 2006        |  | 

---



QuickLinks
EXHIBIT 31.2

CERTIFICATION

I, Kenneth J. Saunders, certify that:

1.     I
have reviewed this Quarterly Report on Form 10-Q of Peregrine Systems, Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;

4.     The
registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:



5.     The
registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



| |  | Date:                                                                                        |  | April 5, 2005
| |  | -------------------------------------------------------------------------------------------- |  | -------------
| |  | /s/KENNETH J. SAUNDERSKenneth J. Saunders
Executive Vice President & Chief Financial Officer

---



QuickLinks
<PAGE>

EXHIBIT 99.2

I, Monica Langfeldt, CFO for the Company, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of the Company;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

         a) designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;

         b) evaluated the effectiveness of the registrant's disclosure controls
and procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

         c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

         a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

6. The registrant's other certifying officer and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: May 19, 2003


                 /s/ Monica Langfeldt
                --------------------------------------------
                CFO
                (principal financial officer)
<PAGE>
<TABLE> <S> <C>

<ARTICLE> 5
<CIK>  0001000375
<NAME> ESSEX HOSPITALITY ASSOCIATES IV L.P.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           2,516
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                           9,474
<DEPRECIATION>                                     231
<TOTAL-ASSETS>                                  12,688
<CURRENT-LIABILITIES>                                0
<BONDS>                                         10,814
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       1,224<F2>
<TOTAL-LIABILITY-AND-EQUITY>                    12,668
<SALES>                                            483
<TOTAL-REVENUES>                                   483
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   886
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 475
<INCOME-PRETAX>                                  (867)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (867)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (867)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0<F3>
<FN>
<F1>UNCLASSIFIED BALANCE SHEET USED
<F2>EQUITY IS PARTNERS' CAPITAL
<F3>ENTITY IS A PARTNERSHIP
</FN>


</TABLE>
# Official Journal C 168I/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 168I |
| | |
| English edition | Information and Notices | Volume 645 May 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 168I

English edition

Information and Notices

Volume 645 May 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | JOINT DECLARATIONS |
| | European ParliamentCouncil |
| 2021/C 168 I/01 | Joint declaration of the European Parliament and the Council on financing the Union values strand in 2021 | 1 |

Contents

page

II   Information

JOINT DECLARATIONS

European ParliamentCouncil

2021/C 168 I/01

Joint declaration of the European Parliament and the Council on financing the Union values strand in 2021

1

---

| EN | |
| --- | --- |

EN

---

II Information

JOINT DECLARATIONS

European Parliament Council

| 5.5.2021 | EN | Official Journal of the European Union | CI 168/1 |
| --- | --- | --- | --- |

5.5.2021

EN

Official Journal of the European Union

CI 168/1

---

Joint declaration of the European Parliament and the Council on financing the Union values strand in 2021

(2021/C 168 I/01)

Without prejudice to the powers of the budgetary authority, the co-legislators agree that the Union Values strand of the Citizenship, Equality, Rights and Values programme should be equipped with substantial funding from the 1st of January 2021.

The co-legislators call upon the Commission to take appropriate actions to reach that objective, especially to assess the use of flexibility instruments under the legal framework of the annual EU budget for 2021, in accordance with the activation criteria laid down in the MFF regulation.

---
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, December 30, 2020. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, December 30, 2020 The Court of Appeals hereby passes the following order A21D0137. REDMOND PARK HOSPITAL, LLC d/b/a REDMOND REGIONAL MEDICAL CENTER v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH et al. .
Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 20CV01265