alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Yvette Echevarria, Respondent, v Jacob Bank, Appellant, et al., Defendant.

In a medical malpractice action, defendant Jacob Bank appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Widlitz, J.), dated May 18, 1984, as granted the plaintiff’s motion to restore the action to the Trial Calendar.

Order modified by adding thereto provisions that (1) plaintiff’s motion is deemed one to vacate her default in appearing for trial, to vacate a judgment of the Supreme Court, Nassau County, dated December 28, 1983, dismissing her complaint upon said default, and thereupon to restore the matter to the Trial Calendar and (2) that the judgment dated December 28, 1983, is vacated. As so modified, order affirmed insofar as appealed from, with costs to plaintiff.

Although no motion was made to open plaintiff’s default in appearing for trial before moving to restore the case to the Trial Calendar, we have disregarded this technical defect and consider the motion, as Special Term apparently did, as one made, *inter alia,*to vacate the underlying judgment dismissing plaintiff’s complaint *(see, Hummeil v Balanich,*63 AD2d 802; *Sal Masonry Contrs. v Arkay Constr. Corp.,*49 AD2d 808; *Wavrovics v City of New York,*13 AD2d 738). It is not contended that Special Term abused its discretion in effectively vacating plain*782tiff’s default and restoring the within action to the Trial Calendar, nor do we perceive any such abuse under the facts of the instant case.

We have considered the appellant’s remaining contentions and find them to be without merit. *Pergamón Press v Tietze*(81 AD2d 831) and *Parker v McMahon*(53 AD2d 1034) are distinguishable on their facts and do not compel a contrary result. Lazer, J. P., Gibbons, O’Connor and Brown, JJ., concur.
# Official Journal C 25/22 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 25 |
| | |
| English edition | Information and Notices | Volume 5922 January 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 25

English edition

Information and Notices

Volume 5922 January 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 25/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2016/C 25/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  2
  ) | 5 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 25/01

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  )

1

1

2016/C 25/02

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  2
  )

2

5

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |
| | (2)   Text with EEA relevance, except for products falling under Annex I of the Treaty |

---

(1)   Text with EEA relevance

1

(2)   Text with EEA relevance, except for products falling under Annex I of the Treaty

2

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

EN
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Case: 1:02-cr-00944 Document #: 70 Filed: 04/16/03 Page 9 of 9 PageID #:256
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<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1998
<PERIOD-START>                             JAN-01-1997             JAN-01-1998
<PERIOD-END>                               DEC-31-1997             DEC-31-1998
<CASH>                                         109,098                  23,100
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  304,624                 185,719
<ALLOWANCES>                                         0                       0
<INVENTORY>                                    138,235                 171,739
<CURRENT-ASSETS>                             1,321,107               1,185,566
<PP&E>                                         114,152                 115,835
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                               2,891,896               1,862,106
<CURRENT-LIABILITIES>                        1,237,294               1,100,455 
<BONDS>                                      1,395,079               1,735,096
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           198                     199
<OTHER-SE>                                      92,023              (1,144,373)
<TOTAL-LIABILITY-AND-EQUITY>                 2,891,896               1,862,106
<SALES>                                              0                       0
<TOTAL-REVENUES>                             2,363,404               2,634,017
<CGS>                                        2,153,005               2,383,666
<TOTAL-COSTS>                                  109,882                 112,443
<OTHER-EXPENSES>                                10,610                   9,500
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              27,169                  78,796
<INCOME-PRETAX>                                 62,738                  49,612
<INCOME-TAX>                                    24,689                  18,852
<INCOME-CONTINUING>                             38,049                  30,760
<DISCONTINUED>                                (832,775)             (1,284,878)
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                      (25,889)                 (6,348)
<NET-INCOME>                                  (820,615)             (1,260,466)
<EPS-PRIMARY>                                    (4.42)                  (6.66)
<EPS-DILUTED>                                    (4.33)                  (6.64)
        

</TABLE>
#### Scott Silverman, Respondent, v Edward Johnson et al., Appellants.

[941 NYS2d 528]

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated December 1, 2010, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On January 28, 2008, at around 7:30 a.m., the plaintiff, while driving his vehicle on West Main Street near its intersection with Midland Street in Huntington, allegedly was involved in a motor vehicle accident with a sanitation truck operated by the defendant Edward Johnson and owned by the defendant Town of Huntington. The plaintiff commenced this action against Johnson and the Town. The defendants moved for summary judgment dismissing the complaint on the ground that the plaintiffs alleged negligent operation of his vehicle was the sole proximate cause of the collision. The Supreme Court denied the motion.

The Supreme Court properly determined that the defendants *861failed to make a prima facie showing of their entitlement to judgment as a matter of law. In support of their motion, the defendants submitted transcripts of the plaintiffs examination before trial and hearing conducted pursuant to General Municipal Law § 50-h, and Johnson’s deposition, and excerpts from the transcript of the deposition of a nonparty witness, who was another Town employee assigned to the subject sanitation truck on the morning of the accident. This testimony provided conflicting accounts as to the manner in which the accident occurred and, thus, the defendants failed to establish, prima facie, that the plaintiff was negligent in the operation of his vehicle and that any such negligence was the sole proximate cause of the accident *(see Fogel v Rizzo,*91 AD3d 706, 706 [2012]; *Allen v Echols,*88 AD3d 926 [2011]; *Bonilla v Calabria,*80 AD3d 720 [2011]; *Todd, v Godek,*71 AD3d 872 [2010]). In light of the defendants’ failure to meet their prima facie burden, we need not review the sufficiency of the plaintiffs opposition papers *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]).

Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. Dickerson, J.E, Chambers, Austin and Miller, JJ., concur.
Exhibit 99.1





BEA SYSTEMS, INC.





Certification Pursuant to 18 U.S.C. Section 1350, as Adopted


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the periodic report of BEA Systems, Inc. (the Company) on Form 10-Q for the period ended October 31, 2002 as filed with the Securities and Exchange Commission (the
Report), I, Alfred S. Chuang, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:





| | (1) |  | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities 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 at the dates
and for the periods indicated.
| | --- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




Date:    December 13, 2002



/s/    ALFRED S. CHUANGAlfred S. Chuang Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information from the condensed balance
sheet as of September 30, 1999, and the condensed statement of operations for
the nine months ended September 30, 1999, and is qualiied in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         453,259
<SECURITIES>                                   137,648
<RECEIVABLES>                                1,446,289
<ALLOWANCES>                                  (65,000)
<INVENTORY>                                    597,876
<CURRENT-ASSETS>                             2,738,007
<PP&E>                                       2,179,972
<DEPRECIATION>                             (1,739,725)
<TOTAL-ASSETS>                               4,344,313
<CURRENT-LIABILITIES>                        4,377,548
<BONDS>                                         46,523
<PREFERRED-MANDATORY>                          820,000
<PREFERRED>                                          0
<COMMON>                                        19,461
<OTHER-SE>                                   (919,758)
<TOTAL-LIABILITY-AND-EQUITY>                 4,344,313
<SALES>                                      2,717,510
<TOTAL-REVENUES>                             2,717,510
<CGS>                                        2,270,806
<TOTAL-COSTS>                                2,270,806
<OTHER-EXPENSES>                             4,859,888
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,578,727
<INCOME-PRETAX>                            (5,991,911)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,991,911)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (6,819,627)
<EPS-BASIC>                                     (0.41)
<EPS-DILUTED>                                   (0.41)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM LUMISYS
INCORPORATED CONSOLIDATED BALANCE SHEETS AT DECEMBER 31, 1996 AND CONSOLI-
DATED STATEMENTS OF INCOME FOR THE YEAR ENDED DECEMBER 31, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           18438
<SECURITIES>                                         0
<RECEIVABLES>                                     3495
<ALLOWANCES>                                       296
<INVENTORY>                                       3053
<CURRENT-ASSETS>                                  1892
<PP&E>                                            1092
<DEPRECIATION>                                     747
<TOTAL-ASSETS>                                   27090
<CURRENT-LIABILITIES>                             2427
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                       24657
<TOTAL-LIABILITY-AND-EQUITY>                     27090
<SALES>                                          23022
<TOTAL-REVENUES>                                 23022
<CGS>                                            10505
<TOTAL-COSTS>                                    10505
<OTHER-EXPENSES>                                  8332
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (916)
<INCOME-PRETAX>                                   5101
<INCOME-TAX>                                      1662
<INCOME-CONTINUING>                               3439
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      3439
<EPS-PRIMARY>                                      .50
<EPS-DILUTED>                                      .50


</TABLE>
EX-10.1





 Exhibit 10.1 

AMENDMENT TO EMPLOYMENT AGREEMENT 

This Amendment to Employment Agreement (this “Amendment”) is entered into between Pennsylvania Real Estate Investment Trust,
a Pennsylvania business trust (“Company”), and Mario C. Ventresca, Jr. (“Executive”) on July 28, 2021. 

BACKGROUND 
 WHEREAS,
Executive and Company are parties to an Employment Agreement effective as of January 1, 2020 (the “Employment Agreement”); 

WHEREAS, Executive’s annual base salary is presently $490,000; 

WHEREAS, the Compensation and Human Resources Committee of the Board of Trustees of Company desires to increase Executive’s annual base
salary to $530,000, effective January 1, 2022; and 
 WHEREAS, the parties wish to discontinue the nonqualified supplemental retirement
plan described in the Employment Agreement. 
 NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:

 1.    The first sentence of Section 3.1 of the Employment Agreement is deleted in its entirety and replaced with
the following, effective on January 1, 2022: 
 As compensation for Executive’s services, Company (through its affiliated service
company, PREIT Services) shall pay to Executive a Base Salary at the rate of $530,000 per annum. 
 2.    Section 3.7 of
the Employment Agreement is deleted in its entirety and replaced with the following, effective on the date hereof: 
 Nonqualified
Retirement Plan. Executive’s nonqualified supplemental retirement plan is hereby terminated and will be liquidated in a manner intended to comply with Treas. Reg. § 1.409A-3(j)(4)(ix)(C). No
further contributions will be credited under such plan, but interest will continue to accrue on the account balance at an annual rate of ten percent through the date of liquidation. 

3.    Subject to the changes described above, the Employment Agreement shall continue in full force and effect. 

4.    This Amendment may be executed in multiple counterparts, each of which shall be an original but all of which
together shall constitute one instrument. 












 IN WITNESS WHEREOF, Executive and Company have each executed this Amendment on the date
first above written. 
  

			
	PENNSYLVANIA REAL ESTATE INVESTMENT TRUST
		
	By:	 	 /s/ Lisa M. Most

	Name:	 	Lisa M. Most
	Title:	 	EVP and General Counsel
	
	MARIO C. VENTRESCA, JR.
	
	 /s/ Mario C. Ventresca, Jr.




  
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