alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[942 NE2d 1046, 917 NYS2d 621]

#### Myra Lehman, Appellant, v North Greenwich Landscaping, LLC, et al., Respondents.

Argued January 5, 2011;

decided February 10, 2011

*748APPEARANCES OF COUNSEL

*Arthur Paul Condon, Jr.,*Rye, for appellant.

*Law Office of Lori D. Fishman,*Tarrytown *(George R. Dieter*of counsel), for North Greenwich Landscaping, LLC, respondent.

*Thomas D. Hughes,*New York City, *Richard C. Rubinstein*and *David D. Hess*for Horton School Associates, respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Defendant-respondent North Greenwich Landscaping, LLC, in contracting to render snow removal services to property owner Horton School Associates, did not assume a duty of care toward third parties who used the property (see *e.g. Eaves Brooks Costume Co. v Y.B.H. Realty Corp.,*76 NY2d 220, 226 [1990]; *Moch Co. v Rensselaer Water Co.,*247 NY 160, 167-168 [1928]). In the circumstances of this case, the Appellate Division correctly held that the property owner did not relinquish its duty to inspect and safely maintain the premises (see *Espinal v Melville Snow Contrs.,*98 NY2d 136, 141 [2002]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed, with costs, in a memorandum.
No. 964.

#### Washington Terminal Co. *v.*Boswell et al.

March 30, 1942.

Petition for writ of certiorari to the Court of Appeals for the District of Columbia granted. In view of the act of August 24,1937 (c. 754,50 Stat. 751), the Court hereby certifies to the Attorney General of the United States that the constitutionality of the Railway *796Labor Act is drawn in question in this cause.

*Messrs. John Dickinson*and *Guy W. Knight*for petitioner.
Third District Court of Appeal

State of Florida 

Opinion filed August 14, 2024.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0120

Lower Tribunal No. F20-2693

________________

Allyn Vento,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Teresa 

Pooler, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant 

Public Defender, for appellant.

Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant 

Attorney General, for appellee.

Before SCALES, MILLER and BOKOR, JJ. 

PER CURIAM.
2

Affirmed. See § 817.034(4)(a), Fla. Stat. (“Any person who engages in 

a scheme to defraud and obtains property thereby is guilty of organized 

fraud . . . .”); Id. (3)(b) (“‘Obtain’ means temporarily or permanently to deprive 

any person of the right to property or a benefit therefrom, or to appropriate 

the property to one’s own use or to the use of any other person not entitled 

thereto.”); Id. (3)(c) (“‘Property’ means anything of value, and includes: 1.

Real property, including things growing on, affixed to, or found in land; [and] 

2. Tangible or intangible personal property, including rights, privileges, 

interests, and claims . . . .”); see also Tindal v. State, 145 So. 3d 915, 919 

(Fla. 4th DCA 2014) (“In moving for acquittal, the defendant admits all facts 

introduced in evidence, and every fair and reasonable inference must be 

drawn in favor of the State.”).
#### HOBART MFG. CO. v. MULLINS MFG. CORPORATION.

Civ. No. 24805.

United States District Court N. D. Ohio, E. D.

Oct. 24, 1947.

*330Thos. E. Lipscomb, of Cleveland, Ohio, for plaintiff.

Harry Frease and Joseph Frease, both of Canton, Ohio, and Franklin B. Powers (of Manchester, Bennett, Powers & Ull-man), of Youngstown, Ohio, for defendant.

JONES, District Judge.

This is an action for trademark infringement and unfair competition. Plaintiff is the owner of the registered trademark “KitchenAid” which it applies to various utensils and kitchen equipment. Defendant, a manufacturer of kitchen cabinets, sinks, and dishwashers has adopted the trademark “Kitchenaider” for its products.

Plaintiff seeks to enjoin this practice by the defendant and to recover damages for defendant’s alleged unlawful acts in connection with the use of the trademark “Kit-chenaider.”

Defendant has filed a motion for a more definite statement or a bill of particulars. Plaintiff states that it has no objection to answering paragraphs 1, 4, 5, 8, 9, 11, 13A, B and C of defendant’s motion but objects to the entry of an order directing it to answer paragraphs 2, 3, 6, 7, 10, 12 and 13D.

It is unnecessary to discuss in detail the contents of defendant’s motion, but in general, defendant seeks information concerning the specific items which plaintiff manufactures under its trademark “KitchenAid” and the dates it began using such trademark for its various products.

None of the information sought appears to be necessary to enable defendant properly to “prepare his responsive pleading or to prepare for trial”, Rule 12(e), Rules of Civil Procedure. The complaint already consists of twelve pages and far exceeds the “short and plain statement of the claim” as required by Rule 8(a).

A bill of particulars becomes a part of the pleading which it supplements, therefore to grant defendant’s motion would add even more detailed matter to the complaint.

The defendant’s motion will be overruled and the information which plaintiff has agreed to furnish may be submitted as answers to interrogatories under Rule 33, rather than as a bill of particulars, so that the pleadings will not be unduly burdened.
<PAGE>
 
                                                                      EXHIBIT 21

                                 EQUIMED, INC.
                                 SUBSIDIARIES

     EquiMed, Inc. owns 100% of the outstanding capital stock of the following
     entities:

          ALR Reporting, Inc.
          Billing Services, Inc.
          EquiMed India Private Limited
          EquiMed Pakistan (Private) Limited
          George Washington Real Estate Corporation
          Nixon Equipment Corporation
          Rejuve, Inc.
          Russell Data Services, Inc.
          Thomas Jefferson Real Estate Corporation
          Tiger Communications International, LTD.
          Transcriptions International Inc.
          Trident International Accounting, Inc.

     ALR Reporting, Inc. owns 100% of the outstanding capital stock of the
     following entities:

          Doyle Reporting, Inc.
          Herm Conversion and Duplicating Inc.
          Twin Brothers Reporting, Inc.

     EquiMed, Inc. owns 80% of the outstanding capital stock of Nittany
     Decisions Services Private Limited.

     EquiMed India Private Limited and EquiMed Pakistan (Private) Limited each
     hold a 50% interest in Poseidon Holdings LLC.

     Poseidon Holdings LLC holds 100% of the equity of Solemar Insurance Ltd.,
     an insurer domiciled in the Cayman Islands.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 6641] 

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Dalou in England: Portraits of Womanhood, 1871-1879,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Yale Center for British Art, New Haven, CT, from on or about June 10, 2009, until on or about August 23, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                     

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: (202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. 

Dated: May 22, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational and Cultural Affairs,  Department of State.

[FR Doc. E9-12453 Filed 5-27-09; 8:45 am] 

BILLING CODE 4710-05-P
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FIT F COPY

OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

10/14*015 COANO.12-12-00378-CR

WALKER, KENNETH NEAL Tr. Ct. No. 241-0592-12 PD-1429-14

On this day, the Appellant's petition for discretionary review has been granted. The

original and ten copies of the appellant's brief must be filed with this Court within 30

days. The State's brief is due 30 days after the timely filing of the appellant's brief.

ORAL ARGUMENT WILL BE PERMITTED

Abel Acosta, Clerk

12TH COURT OF APPEALS CLERK

CATHY LUSK

1517 W. FRONT, ROOM 354

TYLER, TX 75701

* DELIVERED VIA E-MAIL *
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on September 8, 2009, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), ASTM International (“ASTM”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, ASTM has provided an updated list of current, ongoing ASTM standards activities originating between May 2009 and September 2009 designated as work items. A complete listing of ASTM work items, along with a brief description of each, is available at                     *http://www.astm.org*.                

                    On September 15, 2004, ASTM filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on November 10, 2004 (69 FR 65226).                

                    The last notification was filed with the Department on May 18, 2009. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on June 15, 2009 (74 FR 28728).                

Patricia A. Brink,

Deputy Director of Operations, Antitrust Division. 

[FR Doc. E9-25305 Filed 10-21-09; 8:45 am]

BILLING CODE 4410-11-M
**Exhibit23.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

We have issued our reports dated February 22,2005, accompanying the consolidated financial statements included in the Annual Report ofTapestry Pharmaceuticals, Inc. on Form 10-K for the year ended December 29,2004.  We hereby consent to the incorporation by reference of said reportsin the Registration Statements of Tapestry Pharmaceuticals, Inc. on Form S-8(No. 333-05561), Form S-8 (No. 333-75551), Form S-8(No. 333-52008), Form S-8 (No. 333-73470), Form S-8 (No.333-120081), Form S-3 (No. 333-95522), Form S-3(No. 333-29477), Form S-3 (No. 333-42419), Form S-3(No. 33-78016), Form S-3 (No. 333-51070), Form S-3(No. 333-82810), Form S-3 (No. 333-112774) and Form S-3(No. 333-107817).

 

 
| GRANT  THORNTON LLP     |
|-------------------------|
|                    |
|                    |
| Denver,  Colorado       |
| February 22,  2005 |

 

----
The District Court of the 4th Judicial District. County of Missoula.

#### STATE OF MONTANA, Plaintiff, vs. PATRICK SAYERS, Defendant.

CAUSE NO. DC-07-83 DECISION

On August 8,2007, the defendant was sentenced as follows: Count I: Thirty (30) years in the Montana State Prison for the offense of Vehicular Homicide While Under the Influence, a felony; Counts II. Ill and IV: A commitment to the Missoula County Detention Center for a term of six (6) months on each *17Count for the offenses of Endangering the Welfare of a Child, a misdemeanor; CountV: A commitment to the Missoula County Detention Center for a term of six (6) months for the offense of Driving a Motor Vehicle While Privilege to Do So is Suspended or Revoked, a misdemeanor; and Count VI: A commitment to the Missoula County Detention Center for a term of ten (10) days for the offense of Operating Without Liability Insurance In Effect - 1st Offense, a misdemeanor. Counts I - VI shall run concurrently with each other.

On February 4, 2010, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Kara Docherty and Eric Olson. The state was not represented.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

Counsel for the defendant requested an opportunity to produce transcripts and to therefore keep the record open in this matter pending the production of such transcripts for review by the sentence review division.

Therefore, it is the unanimous decision of the Sentence Review Division that the request shall be granted and that counsel for defendant shall provide transcripts to the Division within three weeks of the date of this order. The Sentence Review Division will reserve a ruling on defendant’s application pending receipt of those transcripts and will decide the matter thereafter.

Done in open Court this 4th day of February, 2010.

DATED this 15th day of February, 2010.

Chairperson, Hon. Blair Jones, Member, Hon. Richard Simonton and Member, Hon. Ray Dayton.
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IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

PHILADELPHIA COMMUNITY DEVELOPMENT COALITION, LAURA BLAU, AND CHARLES J. WALSH, III

v.

TERESA F. ISABELLA AND 325 S. 18TH STREET, LLC

PETITION OF: 325 S. 18TH STREET, LLC :

:

:

:

:

:

:

:

:

:

:

:

: No. 351 EAL 2020

Petition for Allowance of Appeal

from the Order of the

Commonwealth Court

CHARLES J. WALSH, III AND LAURA

BLAU AND PHILADELPHIA COMMUNITY

DEVELOPMENT COALITION

v.

TERESA F. ISABELLA AND 325 S. 18TH STREET, LLC

PETITION OF: 325 S. 18TH STREET, LLC :

:

:

:

:

:

:

:

:

:

:

:

: No. 352 EAL 2020

Petition for Allowance of Appeal

from the Order of the

Commonwealth Court

CHARLES J. WALSH, III AND LAURA

BLAU AND PHILADELPHIA COMMUNITY DEVELOPMENT COALITION, INC.

TERESA F. ISABELLA AND 325 S. 18TH STREET, LLC

PETITION OF: 325 S. 18TH STREET, LLC :

:

:

:

:

:

:

: No. 353 EAL 2020

Petition for Allowance of Appeal

from the Order of the

Commonwealth Court

ORDER[ 351 EAL 2020, 352 EAL 2020 and 353 EAL 2020 ]

- 2

PER CURIAM

AND NOW , this 17th day of February, 2021

, the Petition for Allowance of Appeal

is DENIED

.

Application for Relief Seeking Leave to Amend the consolidated petitions is

GRANTED

.
No. 971.

#### Sanford *v.*Board of Prison, Terms, and Paroles.

March 30, 1942.

*Norman J. Sanford, pro se.*

Petition for writ of certiorari to the Supreme Court of the State of Washington, and motion for leave to proceed further *in forma pauperis,*denied.
II 

111TH CONGRESS 

1ST SESSION S. 2596 

To suspend temporarily the duty on Trinexapac-Ethyl Technical. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2009 

Mrs. HUTCHISON introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on Trinexapac-Ethyl 

Technical. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TRINEXAPAC-ETHYL TECHNICAL. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Ethyl (RS)-4- 

cyclopropyl(hydroxy)methylene-3,5- 

dioxocyclohexanecarboxylate 

(Trinexapac-ethyl) (CAS No. 

95266–40–3) (provided for in 

subheading 2918.99.50) ........ Free No change No change On or before 

12/31/2011 ’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2596 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS