alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ira Rakoff, Respondent, v New York City Department of Education et al., Appellants.

[973 NYS2d 267]

In an action to recover damages for personal injuries, the defendants appeal from a judgment of the Supreme Court, Kings County (Baily-Schiffman, J.), entered October 5, 2011, which, upon a jury verdict, is in favor of the plaintiff and against them in the sum of $327,320.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The plaintiff allegedly was injured when he slipped on a puddle of water in the gymnasium of the defendants’ ES. 225 while he was teaching a physical education class in a summer program for special needs children. Thereafter, the plaintiff commenced this action alleging that the accident was caused by the negligence of the defendants’ employees. Specially, the plaintiff alleged that the defendants’ employees allowed several program participants to enter the gymnasium while wearing wet clothes and failed to ensure that they had sufficiently dried off after an “aqua” class. According to the plaintiff, the water from the wet clothes created the puddle upon which he slipped and fell. After a trial, the Supreme Court entered judgment upon the jury’s verdict in the plaintiffs favor. The defendants appeal.

The jury charge in this instance did not adequately convey “the sum and substance of the applicable law to be charged” *781
      *(Phillips v United Artists Communications,*201 AD2d 634, 635 [1994]), as it was “ambiguous, inconsistent, erroneous, [and] confusing” *(Greshin, Ziegler & Amicizia, LLP v King,*35 AD3d 536, 537 [2006] [internal quotation marks omitted]; *see York v St. Mary’s R.C. Church at Manhasset,*22 AD3d 484 [2005]). The error in instructing the jury prejudiced the defendants, necessitating a new trial. The Supreme Court also erred in denying the defendants’ request for a jury instruction on the issue of the plaintiffs comparative negligence. Based upon the evidence adduced at trial, a jury could rationally conclude that the plaintiffs conduct contributed to his injuries *(see Cohen v Hallmark Cards,*45 NY2d 493 [1978]; *Shea v New York City Tr. Auth.,*289 AD2d 558 [2001]).

The defendants’ remaining contentions either are without merit or need not be reached in light of our determination that this matter must be remitted to the Supreme Court, Kings County, for a new trial. Dillon, J.P., Angiolillo, Leventhal and Lott, JJ., concur.
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements included in the Company's Form 10-K for the twelve months
ended December 31, 1999 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          18,221
<SECURITIES>                                    12,154
<RECEIVABLES>                                   92,363
<ALLOWANCES>                                    17,100
<INVENTORY>                                          0
<CURRENT-ASSETS>                               114,622
<PP&E>                                          43,743
<DEPRECIATION>                                  27,093
<TOTAL-ASSETS>                                 170,177
<CURRENT-LIABILITIES>                           97,971
<BONDS>                                            400
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      7,501
<COMMON>                                            41
<OTHER-SE>                                      64,264
<TOTAL-LIABILITY-AND-EQUITY>                   170,177
<SALES>                                        100,406
<TOTAL-REVENUES>                               258,176
<CGS>                                           21,252
<TOTAL-COSTS>                                  122,602
<OTHER-EXPENSES>                               186,668
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 534
<INCOME-PRETAX>                               (49,883)
<INCOME-TAX>                                       750
<INCOME-CONTINUING>                           (50,633)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (50,633)
<EPS-BASIC>                                     (1.25)
<EPS-DILUTED>                                   (1.25)


</TABLE>
exv10w57



 





EXHIBIT 10.57




April 9, 2004




Food Investors Corporation

C/O Jean Louis Vilgrain

40368 Tamworth Farm Lane

Aldie, VA 20105



Dear Mr. Vilgrain,




This letter is written to “extend maturity date” of the October 22, 2003 Loan
Agreement between Food Investor Corporation (FIC) and Cuisine Solutions, Inc
(CSI). The current maturity date of the loan is April 22, 2004, but it can be
extended per Article 3 of the Agreement to October 22, 2004 upon written notice
by CSI to FIC.



This letter is notice that the new effective date of the loan is October 22,
2004. Please let me know if you have any questions.



Sincerely,




	 	 	 
	/s/ Stanislas Vilgrain

	 	/s/ Jean-Louis Vilgrain
	
 

	 	
 
	Stanislas Vilgrain

CEO (CSI)

	 	Jean Louis Vilgrain

President (FIC)
	 
	 	 
	/s/ Yuyun Tristan Kuo

	 	 
	


	 	 
	Y. Tristan Kuo
	 	 
	Secretary & Treasurer (CSI)
EXHIBIT 32.2



Certification Pursuant to

Section 906 of
the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), I, William D. Hibbetts, Senior Vice President and Chief Financial Officer of Pioneer Drilling Company, a Texas corporation (the
Company), hereby certify, to my knowledge, that:



(1) the Companys Quarterly Report on Form 10-Q for the quarter ended September 30, 2005 (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.



|                        |  |  |  |                                                  
|----------------------- |  |  |  | -------------------------------------------------
|                        |  | 
|Dated: November 3, 2005 |  |  |  | /s/    WILLIAM D.
HIBBETTS                       
|                        |  |  |  | William D. Hibbetts                              
|                        |  |  |  | Senior Vice President and Chief Financial Officer
P u rsuan t t o 5 T H C IR . R. 47. 5, t h e courtha s det erm i n ed that th i s opi n i on * shou l d n otbe pu bl i shedan d i s not preceden texcept u n der t h e li m i t ed c i r c um s t anc e s s e tf

o r t h i n 5 T H C IR . R. 47. 5. 4. 

### INTHE UNITED S TATESCOU RT OFAPPEALS

FORTHEFIFTH CIRCU IT

N o. 08- 30336 Su m m ar y Cal endar UN I TE D S TA TE S OF AM ERI CA, P l ai n t if f

- A pp el l ee v. M IL T O N JA C K S O N , D e fe nda nt - Appe l l ant

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f ort he W es t er n D i st r i c tof Loui si ana U S D C N o . 6 :01 -C R -6 0 1 2 5 -1 B ef ore D AV IS, SM ITH , an d D E N N IS, C i rcui tJu dg es. P E R C U R IAM: * O n a pp ealfr om the di st ri ctcou rt ’ s order t h at den i ed M i l t on J ackson reli ef p u rsu a n t t o 1 8 U . S . C . § 35 8 2 (c) (2), the F e d e r a lP u b l i c D efen d er a p p oin tedto represent Jack sonm ovedf or l eave to w i t h draw an d f i l ed a bri ef

i n accor da n ce w i t h A n d ers v . Ca lif o rn ia , 3 8 6 U .S . 7 3 8 (1 9 6 7 ). J a c k s o n file dare s p o n s e . W e pr e vi o us ly o r de r e d thatcoun se lf i l e as upp l e m e nt alb r i e f a ddr e s s i ng w h et h er th ere are an y n on f rivol ou s i ssues regardi n g t h e di st ri ctcourt ’ s fai l u re United States Court of App eals

Fifth Circuit 

### F I LE D Aug ust31, 2009 Cha rl es R. F ulb ru g e II I ClerkN o. 08- 30336

2 t o rul e on Ja ckson ’ s p ro s e m o ti on s. C ou n selha s f i l ed a su pp l em en t albri ef ad dressi n g t h i s i ssue an d has concl u dedt h at Jackson ’ s pro s e m ot i on qu al if i es as a m ot i on f

or r econsi derati on an d rend ers t h e di st ri ctcourt ’ s order n on f i n alf or p u r p o s e s o f a p p e a l. T h i s cou rt ha s h eld th a t a cri m i n a lde fen d a n t do es n ot h a ve the r ig h t to a“hyb ri drep rese n tati on . ” Uni t e dS t a t e sv . Og b o nna , 1 8 4 F .3 d4 4 7 , 4 4 9 & n .1 ( 5t h C i r . 1999 ). B eca uset he r ec or d r ef l ec t s t hatJac kso n w as r epr es ent ed by coun selat t h e t i m e he f i l ed h i s pro s e m ot i on f or r eh eari n g, hi s pro s e m ot i on w a s a n u n a u th o r iz e dm o tio n , a n dt h e d is tr ic t c o u r t p r o p e r lyd is r e g a r d e dit . I d. C on sequ en t ly, the di st ri ctcourt ’ s fai l u re t o add ress t h e m ot i on does not divest t hi s c o ur to f

j ur i s di c t i o n. O u ri n d e p e n d e n tr e v ie w o f t h e r e c o r d , c o u n s e l’s b r ie f, a n d J a c k s o n ’s r e s p o n s e d is c lo s e s n o n o n fr iv o lo u s is s u e fo r a p p e a l. A c c o r d in g ly , c o u n s e l’s m ot i on f

or l eave to w i t h draw i s G RA N T E D , coun seli s excused f rom f u rt h er r e s p o n s ib ilitie s h e r e in , a n dth e A P P E A L IS D IS M IS S E D . S ee5 T H C IR . R. 42. 2. Co u n s e l ’ s mo t i o n t o d i s mi s s f o rl a c ko f

j u r i s d i c t i o n i s DE NI ED .
**Exhibit 31(a)**
**CERTIFICATIONS**
  I, Alan J. Lacy, certify that:
 1. I have reviewed this amendment to quarterly report on Form 10-Q of Sears, Roebuck and Co.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining 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 disclosurecontrols and procedures,or caused such disclosurecontrols and procedures tobe designed under oursupervision, to ensurethat material informationrelating to theregistrant, including itsconsolidated subsidiaries,is made known to us byothers within thoseentities, particularlyduring the period in whichthis report is beingprepared;    (b) Evaluated theeffectiveness of theregistrant’s disclosurecontrols and proceduresand presented in thisreport our conclusionsabout the effectiveness ofthe disclosure controlsand procedures, as of theend of the period coveredby this report based onsuch evaluation; and   (c) Disclosed in this reportany change in theregistrant’s internalcontrol over financialreporting that occurredduring the registrant’smost recent fiscal quarter(the registrant’s fourthfiscal quarter in the caseof an annual report) thathas materially affected,or is reasonably likely tomaterially affect, theregistrant’s internalcontrol over financialreporting; and 
 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’s auditorsand the audit committee of the registrant’s board of directors (or persons performing theequivalent functions):
 (a) All significantdeficiencies and materialweaknesses in the designor operation of internalcontrol over financialreporting which arereasonably likely toadversely affect theregistrant’s ability torecord, process, summarizeand report financialinformation; and   (b) Any fraud, whether or notmaterial, that involvesmanagement or otheremployees who have asignificant role in theregistrant’s internalcontrol over financialreporting. 
Date: December 1, 2004
/s/ Alan J. LacyAlan J. LacyChairman of the Board of Directors,      President and Chief Executive Officer of      Sears, Roebuck and Co.
teaxui/vw-rf iT>t. -717OS JAN c^ra ^ £ - tot^'l*?- - ^ ~TW> \eAkc C*> ' -\t3 ,-V\Wjv\ 1<5<a. a-f. f^H adA^ia £-<?-£- 

### Ako>4ivis klier ,v5 4ts Seroe as (\dkkcam


## &c«.uJU<l /w me. an iiiS^lUl SvWereYy, v. —6
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          20,753
<SECURITIES>                                         0
<RECEIVABLES>                                   28,768
<ALLOWANCES>                                     1,466
<INVENTORY>                                          0
<CURRENT-ASSETS>                                51,367
<PP&E>                                         571,062
<DEPRECIATION>                                 181,756
<TOTAL-ASSETS>                                 448,794
<CURRENT-LIABILITIES>                           29,277
<BONDS>                                        249,333
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,516
<OTHER-SE>                                     117,129
<TOTAL-LIABILITY-AND-EQUITY>                   448,794
<SALES>                                              0
<TOTAL-REVENUES>                                95,420
<CGS>                                                0
<TOTAL-COSTS>                                  118,945
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   335
<INTEREST-EXPENSE>                              18,023
<INCOME-PRETAX>                               (45,446)
<INCOME-TAX>                                  (12,680)
<INCOME-CONTINUING>                           (32,766)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (420)
<CHANGES>                                            0
<NET-INCOME>                                  (33,186)
<EPS-BASIC>                                      (.20)
<EPS-DILUTED>                                    (.20)


</TABLE>
#### Georgia State Building and Loan Association *v.*Charles R. Shannon.

Usuby. *Contracts. Place of performance. Intent of parties.*

When, according to the real intention of the parties, a loan madeby a corporation of another state to a citizen of, and secured by mortgage on lands in, this state, is to be paid here, the usury laws of this state are applicable thereto, although the contract contains a provision for payment in another state, whose laws are dissimilar.

Erom the circuit court of Jones county.

ITon. John E. Enochs, Judge.

Shannon, appellee, was plaintiff in the court below; the Georgia State Building and Loan Association, appellant, was defendant there. The case was once before in the supreme court, and is reported, *Georgia State Building and Loan Association*v. *Shannon,*78 Miss., 955, which report and the opinion then delivered gives a statement of the facts. After the case was remanded a second trial was had in the court below, resulting in a judgment for the plaintiff, from which the defendant appealed (the present, a second appeal) to the supreme court.

*Saucey & Saucey,*for appellant.

*Frank*Johnston, *Shannon & Street,*and *Sterling &*Harris, for appellee.

*643Argued orally by *E. Bancey,*for appellant.

Whiteield, C. J.,

delivered tbe opinion of tbe court.

This case is controlled by the former opinion in this case, (78 Miss., 955, s.c., 30 So., 51), and the opinion recently delivered in *Association*v. *Brahan, ante,*407, s.c., 31 So., 840. We note that the case of *Association*v. *Burch,*124 Mich., 56 (82 N. W., 837), cited with approval by us in the last-cited case, is re-reported in 83 Am. St. Rep., 311; and the learned editor, Mr. Freeman, there says, at page 319: “Usury —Conflict of Laws. A loan by a corporation to a citizen of another state, secured by a mortgage on land in that state, at usurious interest there, is governed, in the settlement of interest on foreclosure, by the law of the latter state, although the contract of loan and mortgage stipulates that it is solvable by the laws of the state of the domicile of the corporation, and is made with reference to its laws. *Meroney v. Association,*116 N. C., 882; 21 S. E., 924; 47 Am. St. Rep., 841. See, further, *Hale*v. *Cairns,*8 N. D., 145; 77 N. W., 1010; 44 L. R. A., 216; 73 Am. St. Rep., 746; *Trust Co.*v. *Auten,*68 Ark., 299; 57 S. W., 1105; 82 Am. St. Rep., 295.” The facts in this case are in all material respects the same as when the case was here before.

*Affirmed.*
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS 

OIP\"El{a:(j)~I5JQ.&S<Jl:.@!$®-- STATION, AVST.lli,.li;:M;> 78711 . 

STATE OF TEXAS 0 ~ k~ U.S.POSTAGE))PJTNEYBOWES 

PENALTY FOR ....... ~. 

PRIVA TIE US IE 

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== 

~lr~~701 $ (0)(0)(0).~(8)5 MW:C:ll' 0001401603MAY. 19. 2015. 

Abel Acosta, Clerk 

~~"";.· i l!:.l~LWlliJ.!E; •I; Ill'· :1 111!S7:"tilmJ!tt'rt .-- ·
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Barnes & Noble, Inc.

New York, New
York

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-23855,
No. 333-69731, No. 333-62210, No. 33-84826 and No. 33-89258) and Form S-8 (No. 333-27033, No. 33-89260, No. 333-90538, No. 333-116382, No. 333-59111 and No. 333-160560) of Barnes & Noble, Inc. of
our reports dated June 30, 2010, relating to the consolidated financial statements and the effectiveness of Barnes & Noble, Inc.s internal control over financial reporting, which appear in the Annual Report to Shareholders, which
is incorporated by reference in this Annual Report on Form 10-K. We also consent to the incorporation by reference of our report dated June 30, 2010 relating to the financial statement schedule, which appears in this Form 10-K.



|                    
|--------------------
|/s/ BDO Seidman, LLP
|New York, New York  
|June 30, 2010