alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Josef Itamari et al., Appellants, v Dime Savings Bank of New York, Inc., Respondent.

[744 NYS2d 503]

In an action to recover damages for wrongfully declaring a mortgage loan to be in default, the appeal is from so much of an order of the Supreme Court, Kings County (Jackson, J.), entered April 27, 2000, as granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the appeal from so much of the order as granted that branch of the cross motion which was for summary judgment dismissing the complaint insofar as asserted on behalf of the plaintiff Dvora Itamari is dismissed, and that portion of the order is vacated; and it is further,

Ordered that the order is otherwise affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The plaintiff Dvora Itamari died before the defendant moved for summary judgment. It appears that no substitution by a legal representative took place, as required by CPLR 1015 (a). Under these circumstances, the order insofar as it pertains to the plaintiff Dvora Itamari is a nullity and this Court has no jurisdiction to hear and determine the appeal as it pertains to her *(see Campbell v Dutton Stor. Distrib. Co.,*240 AD2d 690; *Halperin v Waldbaum’s Supermarket,*236 AD2d 514).

With respect to the plaintiff Josef Itamari, the defendant demonstrated its entitlement to summary judgment dismissing the complaint. The original owner of the cooperative apartment assigned his rights and obligations, including those under a loan security agreement, to the plaintiffs without the defendant mortgagee’s consent. Subsequently, the plaintiffs failed to pay a special assessment imposed on the apartment by the cooperative board and were declared to be in arrears for maintenance. As a result, the defendant declared the loan to be in default and sold it to a third party. When the third party made a demand for payment of the entire loan, the plaintiffs sold their proprietary interest in the cooperative apartment at a loss and paid off the loan. They then commenced this action against the mortgagee for damages, claiming that it had mis*382handled their account by characterizing the loan as being in default and selling it as a defaulted loan. The Supreme Court granted the defendant’s cross motion for summary judgment, finding a lack of privity between the plaintiffs and the defendant. We affirm, but not for the reasons stated by the Supreme Court.

The mortgage was properly declared to be in default since the evidence demonstrates that the plaintiffs failed to pay the special assessment, thereby breaching the proprietary lease. This constituted a default under the loan security agreement *(see e.g. East N.Y. Sav. Bank v Carlinde Realty Corp.,*54 AD2d 574).

In view of the foregoing analysis, the remaining contentions of Joseph Itamari need not be reached. O’Brien, J.P., Friedmann, Schmidt and Townes, JJ., concur.
<PAGE>


                         Exhibit 10(m)

     Schedule 10(m) identifying promissory notes that are substantially similar
to Exhibit 10(l) in all material respects except as to the parties thereto, the
date of the note and the amount of the loan.

----------------------------------------------------------------------------
          Date of Note                           Loan Amount
----------------------------------------------------------------------------
        November 7, 2003                           $25,000
----------------------------------------------------------------------------
        February 3, 2004                           $25,000
----------------------------------------------------------------------------
        February 7, 2004                           $25,000
----------------------------------------------------------------------------
        February 9, 2004                           $25,000
----------------------------------------------------------------------------
         March 22, 2004                            $25,000
----------------------------------------------------------------------------
         March 23, 2004                            $25,000
----------------------------------------------------------------------------
         March 23, 2004                            $75,000
----------------------------------------------------------------------------
A TTORNEY S FOR A PPELLANT S A TTORNEY FOR A PPELLEE S

James D. Johnson Curtis T . Hill

, Jr.

Blair M. Gardner Attorney General of Indiana

Jackson Kelly PLLC

Evansville

, Indiana Frances Barrow

Deputy Attorney General

Indianapolis, Indiana

______________________________________________________________________________



# In the

Indiana Supreme Court

_________________________________

No. 31S 01

- 1710

- CT

- 647

V IRGIN I A G ARWOOD AND K RISTEN G ARW O O D

,

Appellant s ( Plaint i ff s b elow)

,

v.

S TATE OF I NDIANA

, ET AL

. , Appellee s ( Defendant

s b elow )

.

_________________________________

Appeal from the Harrison Circuit Court , No. 31 C0 1

- 1105

- CT

- 24

The Honorable John T. Evans

_________________________________

On Petition t o Transfer from the Indiana Court of Appeals, No. 31A01

- 1603

- CT

- 679

_________________________________

October 11, 2017

Per Curiam.

Following a jury tria l and the entry of judgment against one defendant , Virginia and

K risten Garwood appealed and the defendant cross

- appealed. The Court of Appeals affirmed in

part and reversed in part. See Garwood v. State , 77 N.E.3d 204 (Ind. Ct. App. 2017). The

Garwoods petition to transfer.2

We grant transfer for the limited purpose of vacating only that section of the Court of

Appeals opinion addressing subject matter jurisdiction

. We summarily affirm the remainder of

the opinion. See Ind. Appellate Rule 58(A)(2). I n addressing jurisdiction, the Court of Appeals

opinion cites Garwood v. Indiana Department of State Revenue , 24 N.E.3d 548 (Ind. Tax Ct.

2014), but that opinion was vacated by our “Published Order” issued February 8, 2016. Due to a

clerical error, our Pub lished Order was not sent to Thomson Reuters at that time. Therefore, when

the Court of Appeals issued its opinion, the Published Order was not reported in the Northeastern

Reporters or o n Westlaw, which has since been corrected. See Garwood v. Indiana De p’t of State

Revenue , 79 N.E.3d 903 (Ind. 2016). The Published Order resolved the issue of subject matter

jurisdiction based on the parties’ representations at oral argument.

All Justices concur.
<PAGE>
                                  EXHIBIT 23.3



                         Consent of Independent Auditors

We consent to the use of our report dated October 27, 1999 in this Annual Report
(Form 10-K) of Span-America Medical Systems, Inc.

Our audit also included the financial statement schedule of Span-America Medical
Systems, Inc. listed in Item 14(a) for the year ended October 2, 1999. This
schedule is the responsibility of the Company's management. Our responsibility
is to express an opinion based on our audit. In our opinion, the financial
statement schedule referred to above, when considered in relation to the basic
financial statements taken as a whole, presents fairly in all material respects
the information set forth therein.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-32896) pertaining to the Span-America Medical Systems, Inc.
1987 Stock Option Plan and in the Registration Statement (Form S-8 No. 33-84374)
pertaining to the Span-America Medical Systems, Inc. 1991 Stock Option Plan and
in the Registration Statement (Form S-8 No. 333-70533) pertaining to the
Span-America Medical Systems, Inc. 1997 Stock Option Plan of our report dated
October 27, 1999, with respect to the financial statements incorporated herein
by reference, and our report included in the preceding paragraph with respect to
the financial statement schedule included in this Annual Report (Form 10-K) of
Span-America Medical Systems, Inc.



                                                  ERNST & YOUNG LLP


Greenville, South Carolina
December 17, 2001
<PAGE>
                                                                    EXHIBIT 99.1






              CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 CDSI Holdings Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Richard J. Lampen, 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, to my 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.



November 14, 2002                      /s/ RICHARD J. LAMPEN
                                       ----------------------------------------
                                       Richard J. Lampen
                                       Chairman and Chief Executive Officer
Case 1:11-cv-02317-LTB Document 7 Filed 10/28/11 USDC Colorado Page 1 of 7
Case 1:11-cv-02317-LTB Document 7 Filed 10/28/11 USDC Colorado Page 2 of 7
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Case 1:11-cv-02317-LTB Document 7 Filed 10/28/11 USDC Colorado Page 4 of 7
Case 1:11-cv-02317-LTB Document 7 Filed 10/28/11 USDC Colorado Page 5 of 7
Case 1:11-cv-02317-LTB Document 7 Filed 10/28/11 USDC Colorado Page 6 of 7
Case 1:11-cv-02317-LTB Document 7 Filed 10/28/11 USDC Colorado Page 7 of 7
**Exhibit 99.32**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

     Pursuant to Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. Section 1350), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of BCE Inc. (the “Company”), does hereby certify that: 

the annual report on Form 40-F for the year ended December 31, 2012 of the Company (the “Form 40-F”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Form 40-F fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

| Date: March 13, 2013 | *(signed) George A. Cope*                                                         |
|----------------------|-----------------------------------------------------------------------------------|
|                 | George A. Cope		President and Chief Executive Officer 		BCE Inc.                  |
|                 |                                                                              |
| Date: March 13, 2013 | *(signed) Siim A. Vanaselja*                                                      |
|                 | Siim A.Vanaselja		Executive Vice-President and Chief Financial Officer 		BCE Inc. |
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 ZAP (the "Company") on Form 10-Q for the period ending June 30, 2012 as filed with the U.S. Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; and
  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
  Dated:  August 14, 2012                                                           By: /s/ Alex Wang
 Alex Wang
 Co-Chief Executive Officer
 (Co-Principal Executive Officer)
    
 Dated:  August 14, 2012                                                           By: /s/ Benjamin Zhu
 Benjamin Zhu
 Chief Financial Officer
 (Principal Financial Officer)
<PAGE>
                                                                     Exhibit 4.2

                             FIRST AMENDMENT TO THE
                           FIRST AMENDED AND RESTATED
                            FIRST HEALTH GROUP CORP.
                        2001 DIRECTORS' STOCK OPTION PLAN

      WHEREAS, the Company maintains the 2001 Directors' Stock Option Plan (the
"Plan"), which was amended and restated effective May 13, 2003 pursuant to which
options to purchase shares of the Company's common stock may be granted to
non-employee directors of the Company;

      WHEREAS, the Board of Directors of the Company (the "Board") has reserved
the right to amend the Plan from time to time;

      WHEREAS, the Board has determined to amend the Plan to grant to the Stock
Option Committee (the "Committee") which administers the Plan the authority to
make discretionary grants of options to non-employee directors for their service
on committees, which have been and may be established in the future;

      NOW, THEREFORE, the Plan is hereby amended effective as of May 22, 2001,
as if included in the Plan as originally adopted by substituting the following
for Section 5(b):

            "(b) The Committee is authorized to grant options to purchase a
      number of shares of Common Stock determined by the Committee on a
      discretionary basis to non-employee directors (i) upon election to the
      Board, (ii) upon appointment to a committee of the Board, (iii) upon
      appointment as chairman of any committee of the Board, or (iv) at such
      other times as the Committee determines is appropriate."

      IN WITNESS WHEREOF, this First Amendment to the First Amended and Restated
First Health Group Corp. 2001 Stock Option Plan having been approved by the
Board of Directors of the Company on May 13, 2003 is hereby executed by an
authorized officer this 13th day of May, 2003.

      FIRST HEALTH GROUP CORP.

      /s/ Susan T. Smith
      ---------------------------
      By:  Susan T. Smith
      Its:  Secretary
[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Page 57685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23294]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,960]


Peoploungers, Inc., Mantachie, MS; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on August 29, 2008 in response to a worker 
petition filed by a company official on behalf of workers at 
Peoploungers, Inc., Mantachie, Mississippi.
    The petitioning group of workers is covered by an active 
certification (TA-W-62,583A, amended), which expires on September 23, 
2010. Consequently, further investigation in this case would serve no 
purpose, and the investigation has been terminated.

    Signed at Washington, DC this 24th day of September 2008.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-23294 Filed 10-2-08; 8:45 am]
BILLING CODE 4510-FN-P
Exhibit 10.12.2

AMENDMENT NO.2  TO THE EXECUTIVE SAVINGS PLAN FOR FIRSTBANK  (ALSO KNOWN AS ACCESS ANYTIME BANCORP, INC.)

THIS
AMENDMENT is approved and adopted by FIRSTBANK on this 23rd day of May, 2002.

RECITALS

A.
FIRSTBANK (also known as Access Anytime BanCorp, Inc.) (the "Bank"), executed the Executive Savings Plan for FIRSTBANK or Access Anytime BanCorp, Inc. (the "Plan"),
effective June 1, 1998, in order to provide a means for select highly compensated and management employees to defer a portion of their compensation and to encourage them to provide additional
financial security for the future.

B.
Section 10.2 of the Plan provides in part as follows



C.
The Bank now desires to amend the Plan.

AMENDMENT

The
Bank hereby amends the Plan as follows:

1. All references under the Plan to "First performance Builder" shall be deemed references to the FirstBank Profit Sharing and Employee Stock Ownership
Plan.

2. The first sentence of Section 3.1(A) of the Plan hereby is amended to read in its entirety as follows:



3. This amendment to the Plan shall be effective as of June 1, 2002.

4. Any inconsistent provision of the Plan shall be read consistent with this amendment.

5. Except as amended above, the Bank hereby affirms and readopts each and every other provision of the Plan.

IN
WITNESS WHEREOF, the Bank has executed this amendment as of the date first mentioned above.

| |  | FIRSTBANK
| |  | ---------
| |  | By:      
| |  | Title:   

ATTEST:
/s/ Kathy Allenberg
                    Corporate Secretary

---

QuickLinks
<TABLE>
                                                                 Exhibit 12

                       ENRON CORP. AND SUBSIDIARIES
                    COMPUTATION OF RATIO OF EARNINGS TO
                               FIXED CHARGES
                           (Dollars in Millions)
                                (Unaudited)


<CAPTION>
                                     Six Months
                                       Ended          Year Ended December 31,
                                      6/30/01    2000     1999     1998    1997    1996


                                    <c>      <c>      <c>      <c>      <c>    <c>
Earnings available for fixed charges
 Net income                            $  810   $  979   $1,024   $  703   $105   $  584
 Less:
   Undistributed earnings and
    losses of less than 50%
    owned affiliates                      (22)      20      (12)     (44)   (89)     (39)
   Capitalized interest of
    nonregulated companies                (25)     (44)     (61)     (66)   (16)     (10)
 Add:
   Fixed charges(a)                       582    1,184      948      809    674      454
   Minority interest                       70      154      135       77     80       75
   Income tax expense                     282      478      137      204    (65)     297
     Total                             $1,697   $2,771   $2,171   $1,683   $689   $1,361

Fixed Charges
 Interest expense(a)                   $  552   $1,136   $  900   $  760   $624   $  404
 Rental expense representative
  of interest factor                       30       48       48       49     50       50
     Total                             $  582   $1,184     $948   $  809   $674   $  454

Ratio of earnings to fixed charges       2.92     2.34     2.29     2.08   1.02     3.00

<FN>
(1) Amounts exclude costs incurred on sales of accounts receivables.
</TABLE>
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 3Federal Reserve Bank of: PhiladelphiaFilings received during the week ending May 3, 2014FilerFiling TypeFiling ProposalEnd of Comment PeriodNONE
MODEM MEDIA, INC.





Exhibit 4.4(b)





EXHIBIT B





ASSIGNMENT FORM





FOR VALUE RECEIVED the
undersigned registered owner of this Warrant hereby sells, assigns and transfers unto the Assignee named below all of the rights of the undersigned under this Warrant, with respect to the number of shares of Common Stock set forth below:








Name and Address of Assignee

No. of Shares of Common StockHighbridge International

190,000








and does hereby irrevocably constitute and appoint
Sloane Levy attorney-in-fact to register such transfer on the books of MODEM MEDIA, INC. maintained for the purpose, with full power of substitution in the premises.





Dated: 4/26/02

Print Name:    Stephen SeefeldSignature:      /s/  Stephen SeefeldWitness:








|NOTICE: |  | The signature on this assignment must correspond with the name as written upon the face of the within Warrant in every particular, without alteration or
enlargement or any change whatsoever.
|------- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 1Federal Reserve Bank of: BostonFilings received during the week ending September 25, 2010FilerFiling TypeFiling ProposalEnd of Comment PeriodEASTERN BANK CORPORATION                                                                                                * 3A3Eastern Bank Corporation, Boston, Massachusetts to acquire 100% of the voting shares of Wainwright Bank & Trust Company, Boston, Massachusetts, pursuant to section 3(a)(3) of the BHC Act.Newspaper: Not availableFederal Register: 10/24/2010ROCKVILLE FINANCIAL, INC.                                                                                               * 3A1Rockville Financial, Rockville, Connecticut, to acquire 100% of the outstanding capital stock of Rockville Bank, Rockville, Connecticut pursuant to section 3(a)(1) of the BHC Act in connection with the reorganization of Rockville Financial, MHC, Rockville, Connecticut, from mutual to stock form.Newspaper: Not availableFederal Register: 10/22/2010Sugar River Bancorp, MHC                                                                                                * 3A1Application by Sugar River Bancorp, MHC, Newport, New Hampshire to become a mutual bank holding company through the acquisition of 100% of the voting shares of Sugar River Bank, Newport, New Hampshire, pursuant to section 3(a)(1) of the BHC Act.Newspaper: 09/28/2010Federal Register: 10/08/2010
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 New generation Holdings, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jacques
Mot, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, to my
knowledge 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 result of operations of the Company.


                                       /s/ Jacques Mot
                                       -------------------------------
                                       Jacques Mot
                                       Chief Executive Officer

                                       January 19, 2007
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

In re the Commitment of Timothy Daniel 

Renshaw

No. 06-22-00034-CV

Appeal from the 402nd District Court of 

Wood County, Texas (Tr. Ct. No. 2018-

452). Memorandum Opinion delivered by 

Justice Stevens, Chief Justice Morriss and 

Justice van Cleef participating.

As stated in the Court’s opinion of this date, we find that the appeal should be dismissed 

for want of jurisdiction. Therefore, we dismiss the appeal.

We note that the appellant has adequately indicated his inability to pay costs of appeal. 

Therefore, we waive payment of costs.

RENDERED JUNE 9, 2022

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk