alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(15 Misc. Rep. 8.)

#### WINTERS v. MANHATTAN RY. CO. et al. (two cases).

(Superior Court of New York City,

General Term.

December 18, 1895.)

1. Elevated Railroads—Injuries to Abutters—Evidence.

In an action to recover damages to the rental value of a building, caused’ by the operation of defendants’ elevated railroad, evidence as to the rents-paid for other buildings on the same street is inadmissible. Jamieson v.. Railway Co., 41 N. E. 693, 147 N. Y. 322, followed.

*2.*Trial—Objections to Evidence—Waiver.

A party does not waive his exception to the admission of incompetent-evidence by subsequently introducing similar evidence to controvert it.

Appeals from equity term.

Two actions, by Ann Maria Winters, individually and as executrix of William A. Dooley, deceased, against the Manhattan Railway Company and others, to enjoin the operation of defendants’' elevated railroad in the street in front of plaintiff’s premises Nos. 838, 839, 840, 841, 842, 843, and 847 Third avenue. There was a judgment in favor of plaintiff in each case, and defendants appeal.

Reversed.

Argued before FREEDMAN and McADAM, JJ.

Davies, Short & Townsend (Julien T. Davies and Brainard Tolies,, of counsel), for appellants.

B. L. Winters (Jesse Stearns, of counsel), for respondent.

FREEDMAN, J.

These two actions, which were tried together, were brought to restrain the maintenance and operation of defend*773ants’ elevated railway in front of several of plaintiff’s premises on Third avenue in the city of New York, and for past damages. In each of the actions the plaintiff recovered the appropriate judgment usually granted in this class of cases. Upon the trial of the issues, the plaintiff was permitted to prove, as part of her case in the first instance, the rents of other buildings on Third .avenue, and the prices paid for other properties on Third avenue, than those in suit. The defendants seasonably objected to this evidence, and, their objection having been overruled, duly excepted. In Jamieson v. Railway Co., 147 N. Y. 322, 41 N. E. 693, it was held that such evidence is incompetent and inadmissible, as tending to raise collateral issues. The counsel for the plaintiff, in his brief, concedes that, according to the decision of that case, the exception taken by the defendants upon the said point was well taken, but he claims that the evidence thus erroneously admitted did, after all, no harm. A careful examination of the whole case has failed to satisfy me that the defendants were not prejudiced, because the effect of the incompetent evidence was to lend color to the argument that some of plaintiff’s property was probably injured more seriously than was discernible from the actual rentals produced. Nor can I find that the defendants so conducted themselves as to stand precluded from claiming the benefit of the exception. That they subsequently sought to overcome the effect of the incompetent evidence by giving similar evidence on their part does not constitute a waiver of their exception. They were compelled to do it.

For the error aforesaid, the judgment should be reversed, and new trials ordered, with costs to the appellants to abide the event.
Exhibit 31.2
 Sarbanes-Oxley Section 302 Certification
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, 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 report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluations; andd)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb)
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
  /s/Francisco Puñal

Francisco PuñalSenior Vice President and Chief Financial Officer
KAREN STOLZBERG, OSB #83092 

ksto lzberg@j uno .com 

11830 SW Kerr Parkway, #315 

Lake Oswego, Oregon 97035 

Telephone: (503) 251-0707 

Fax: (503 251-0708 

Attorney for Plaintiff 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

JACK W. WHITTENBERG 

Plaintiff, 

vs. 

COMMISSIONER, 

Social Security Administration, 

Defendant. 

Civil No.: 3:14-cv-01949-SB 

ORDER REGARDING FEES 

PURSUANT TO THE EQUAL 

ACCESS TO JUSTICE ACT 

(EAJA) 

Based upon a review of the file herein, and noting the stipulation of the parties, it is 

hereby ORDERED that the plaintiff, Jack W. Whittenberg, on behalf of his attorney, 

Karen Stolzberg, is hereby entitled to an award of fees under the EQUAL ACCESS TO 

JUSTICE ACT, 28 U.S.C. § 2412 t. ~., in the amount of $8000.00. 

The parties agree that if it is determined that plaintiff's EAJA fees are not subject 

to any offset allowed under the Department of the Treasury's Offset Program, the check 

for EAJA fees shall be made payable to Karen Stolzberg, and mailed to her office at: 

11830 SW Kerr Parkway, #315 

Lake Oswego, OR 97035 

June 21, 2016 

Presented by: 

s/ KAREN STOLZBERG 

Attorney for Plaintiff 

ORDER RE: EAJA FEES 

PAGE 1 

~iUNITED sATESQ1£TA-RIGT JUDGE 

1'1"f il'll'llk_ 

Case 3:14-cv-01949-SB Document 40 Filed 06/21/16 Page 1 of 1
#### House of Spices (India), Inc., Respondent, v SMJ Services, Inc., Appellant, et al., Defendants. (And a Third-Party Action.)

[943 NYS2d 909] —

In an action, inter alia, to recover damages for fraud and money had and received, the defendant SMJ Services, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), entered March 9, 2011, as denied those branches of its motion which were, in effect, pursuant to CPLR 3211 (a) (5) to dismiss the first and third causes of action insofar as asserted against it.

Ordered that the appeal is dismissed, without costs or disbursements.

“It is the obligation of the appellant to assemble a proper record on appeal” *(Gaffney v Gaffney,*29 AD3d 857, 857 [2006]; *see Civil v Tae Hwa Sim,*65 AD3d 1074 [2009]; *Fernald v Vinci,*13 AD3d 333 [2004]). An appellant’s record on appeal must contain all of the relevant papers that were before the Supreme Court (see CPLR 5526; *Cohen v Wallace & Minchenberg,*39 AD3d 689 [2007]; *Gaffney v Gaffney,*29 AD3d 857 [2006]; *Fernald v Vinci,*13 AD3d 333 [2004]).

Here, the record is inadequate. The appellant failed to include all of the relevant documents that were before the Supreme Court, omitting, inter alia, the papers it submitted to the Supreme Court in support of the subject motion. These omissions have rendered meaningful appellate review of the Supreme Court’s determination virtually impossible *(see*CPLR 5526; *Cohen v Wallace & Minchenberg,*39 AD3d 689 [2007]; *Gaffney v Gaffney,*29 AD3d 857 [2006]; *Fernald v Vinci,*13 AD3d 333 [2004]). Accordingly, dismissal of the appeal is the appropriate disposition *(see Cohen v Wallace & Minchenberg,*39 AD3d at 689). Angiolillo, J.E, Eng, Lott and Cohen, JJ., concur. [Prior Case History: 2011 NY Slip Op 31072(U).]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1997 AND THE CONDENSED
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE NINE MONTHS ENDED JUNE 30, 1997 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           7,591
<SECURITIES>                                         0
<RECEIVABLES>                                    9,376
<ALLOWANCES>                                     1,675
<INVENTORY>                                     15,285
<CURRENT-ASSETS>                                36,394
<PP&E>                                          14,184
<DEPRECIATION>                                  12,462
<TOTAL-ASSETS>                                  50,578
<CURRENT-LIABILITIES>                           75,962
<BONDS>                                              0
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<COMMON>                                            23
<OTHER-SE>                                      25,407
<TOTAL-LIABILITY-AND-EQUITY>                    50,578
<SALES>                                         11,813
<TOTAL-REVENUES>                                11,813
<CGS>                                           11,175
<TOTAL-COSTS>                                   11,175
<OTHER-EXPENSES>                                 5,146
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 651
<INCOME-PRETAX>                                (5,159)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,159)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,159)
<EPS-PRIMARY>                                   (0.22)
<EPS-DILUTED>                                   (0.22)
        

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

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                             AUG-01-1997
<PERIOD-END>                               APR-30-1998
<CASH>                                      15,592,699
<SECURITIES>                                         0
<RECEIVABLES>                               11,369,589
<ALLOWANCES>                                 1,050,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            28,053,232
<PP&E>                                       5,821,155
<DEPRECIATION>                               2,956,760
<TOTAL-ASSETS>                              51,711,751
<CURRENT-LIABILITIES>                       14,534,656
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       163,802
<OTHER-SE>                                  36,319,588
<TOTAL-LIABILITY-AND-EQUITY>                51,711,751
<SALES>                                     14,359,239
<TOTAL-REVENUES>                            33,355,090
<CGS>                                        6,363,158
<TOTAL-COSTS>                               29,179,893
<OTHER-EXPENSES>                               339,977
<LOSS-PROVISION>                               503,806
<INTEREST-EXPENSE>                             425,061
<INCOME-PRETAX>                              3,835,220
<INCOME-TAX>                                 1,537,000
<INCOME-CONTINUING>                          2,298,220
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,298,220
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                      .17
        

</TABLE>
**EXHIBIT 31.2** **CERTIFICATION**     I, Ted I. Kaminer, certify that:     1. I have reviewed this Annual Report on    Form 10-K    of Bio-Imaging Technologies, 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 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 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-15(e)    and    15d-15(e))    for the registrant and have:     a) Designed such disclosure controls and procedures, or    caused such disclosure controls and procedures to be designed    under our supervision, 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 report is    being prepared;     b) [Paragraph omitted in accordance with SEC transition    instructions contained in SEC Release    34-47986]     c) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this report based on such evaluation; and     d) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over financial reporting; and     5. The registrant’s other certifying officer 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):     a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    registrant’s ability to record, process, summarize and    report financial information; and     b) Any fraud, whether or not material, that involves    management or other employees who have a significant role in the    registrant’s internal control over financial reporting. /s/  Ted    I. Kaminer    Ted I. Kaminer, Senior Vice President    and Chief Financial Officer    (Principal Financial and Accounting Officer)     Dated: March 29, 2007
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**Exhibit 32.1**

 

**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 Quarterly Report of Young Innovations (the “Company”) on Form 10-Q for the period ending June 30, 2008 filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Chief Executive Officer and Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002 that based on their knowledge (1) the Report fully complies with the requirements of Section 13(a) or 15(d) 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 as of and for the periods covered in the Report.  

 

 

 

|   | */s/* | *Alfred E. Brennan, Jr.* |
|--------|-------|--------------------------|

|   | ------------------------------------------------------------ |
|--------|--------------------------------------------------------------|

|   | Alfred E. Brennan, Jr. |
|--------|------------------------|

|   | Alfred E. Brennan, Jr. |
|--------|------------------------|

|   | Chief Executive Officer |
|--------|-------------------------|

 

| * * | */s/* | *Arthur L. Herbst, Jr.* |
|----------|-------|-------------------------|

|   | ------------------------------------------------------------ |
|--------|--------------------------------------------------------------|

|   | Arthur L. Herbst, Jr. |
|--------|-----------------------|

|   | President and Chief Financial Officer |
|--------|---------------------------------------|
EXHIBIT 32.1

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 Quarterly Report on Form 10-QSB of OmniComm Systems, Inc. (the Company) for the quarter ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report),
the undersigned, being, Cornelis F. Wit, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1) | The Report fully complies with the requirements of Section 13(a) or 15(d) 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                               
|-----------------------------------------------
|/s/ Cornelis F. Wit                            
|Cornelis F. Wit                                
|President, Chief Executive Officer and Director

November 11, 2006