alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Juleah Co., L.P., Respondent, v Greenpoint-Goldman Corp., Appellant.

[853 NYS2d 313]

*283Defendant landlord was unable to prove that plaintiff ground tenant had performed substantial alterations, additions or improvements to the premises without defendant’s consent, which would have been in violation of article 10 of the lease. Unrefuted testimony established that the lobby renovation project did not involve any structural work *(see Frequency Elecs. v We're Assoc. Co.,*120 AD2d 489 [1986]), and consisted of painting, replacing wallpaper and carpeting, relocating the door to the package room, replacing the panel on the existing intercom system, and installation of a fan coil unit that utilized the building’s preexisting chiller.

Defendant breached the lease by failing to issue an estoppel certificate in connection with plaintiffs application to refinance the underlying mortgage. Under article 34 of the lease, and the 1995 so-ordered stipulation that reaffirmed same, plaintiff was absolutely entitled to the issuance of such a certificate. Article 34 unambiguously provides that within 20 days of a request by the tenant, the landlord must furnish an estoppel certificate. Defendant argues that the proposed certificate sought a more extensive certification than required under the lease. Even if this were the case, defendant was still obliged to issue a certificate as to those items set forth in the lease. Defendant could have marked up the certificate or supplied its own form of certification, as suggested in plaintiffs attorney’s letter of September 29, 2003. The fact that plaintiff may have requested a certification of items not specifically identified in the lease did not relieve defendant of its absolute obligation to issue an estoppel certificate within 20 days of the request.

Defendant also argues that the request for an estoppel certificate was not sent by registered mail, as required in article 24 of the lease. However, defendant’s receipt of the request and its failure to object promptly constitute a waiver of that defect; ser*284vice was not invalidated under the circumstances *(see Rower v West Chamson Corp.,*210 AD2d 7 [1994]).

As a consequence of defendant’s wrongful withholding of the certificate, plaintiff is entitled to damages that were the natural and probable consequence of the breach. The trial court appropriately awarded damages over a 10-year period corresponding to the period of the refinanced loan. For the first three years of this period, the court awarded the difference between plaintiffs existing mortgage rate (7.54%) and the rate available on the refinanced loan (5.31%), for a total of $236,592 in increased mortgage payments. Since plaintiffs original loan was fully payable on January 1, 2007, the court then awarded the difference between the rate available at the time of trial in August 2006 (6.12%) and the rate available on the refinanced loan (5.31%), representing damages of $194,201 over the seven-year period. Plaintiff was further damaged in the amount of $20,000, representing its nonrefundable application fee. Concur—Nardelli, J.P., Williams, Sweeny and Catterson, JJ.
#### Ralph Oyague, Appellant, v Incorporated Village of Malverne et al., Respondents.

Decided September 13, 2012

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Second Department, upon the ground that a direct appeal does not lie where questions *1018other than the constitutional validity of a statutory provision are involved (NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]).
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 Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2009-0150]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), (DOT).

# ACTION:

Notice of correction.

# SUMMARY:

                        FMCSA notes two corrections on the                         **Federal Register**                         notice announcing the Medical Review Board meeting scheduled for July 1, 2009 from 9 a.m.-4:20 p.m. at the U.S. Department of Transportation.                    

# FOR FURTHER INFORMATION CONTACT:

Dr. Mary D. Gunnels, Director, Medical Programs, 202-366-4001.

# SUPPLEMENTARY INFORMATION:

                    On June 12, 2009, FMCSA published a Notice in the                     **Federal Register**                     announcing a public meeting of the Medical Review Board to be held on July 1, 2009 (74 FR 28093). The notice included two incorrect Web sites. The first one is                     *http://Docketinfo.dot.gov;*                     the correct Web site is                     *http://www.regulations.gov.*                     The second error was                     *http://www.fmcsa.dot.gov/​mrb;*                     the correct Web site is                     *http://mrb.fmcsa.dot.gov.*

Issued on: June 18, 2009.

Larry W. Minor,

Associate Administrator for Policy and Program Development. 

[FR Doc. E9-14917 Filed 6-24-09; 8:45 am]

BILLING CODE 4910-EX-P
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 LILM,  Inc. (the "Company") on
Form 10-QSB for the period ended June 30, 2006, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, George I. Norman, III,
Chief  Executive  Officer of the Company,  certify,  pursuant to 18 U.S.C.  Sec.
1350, as adopted pursuant to Sec. 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 result of operations of the
     Company.


/s/   GEORGE I. NORMAN, III
---------------------------
George I. Norman, III
Chief Executive Officer
November 20, 2006



     A signed  original of this  written  statement  required by Section 906, or
     other document  authenticating,  acknowledging,  or otherwise  adopting the
     signature that appears in typed form within the electronic  version of this
     written  statement has been provided to the Company and will be retained by
     the Company and furnished to the Securities and Exchange  Commission or its
     staff upon  request.  The foregoing  certifications  are  accompanying  the
     Company's Form 10-QSB solely 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) and is not being filed as part of the Form 10-QSB
     or as a separate disclosure document.
. . .. ·... ~ :· . . __ . . . .... ·.-. ·''\. . . ~· ·; 

.. _./7. -~-, /hL ..... This document_contains so.m~ \Y 3) 3 J3-QJ "~ ~~ pages that ar~ of P?or quality 0 

) . "' . ·--~ · · ·at the time of tmagmg. 

. # c:/2~~~0._ - : . . .... . -- - - - - : 

· ~~~-- - - .. --- _ ------ . _-_ RECEI\IEOIN-. ·_-

(___/ . · . · · · · COURT OF CR!!lJU~AL APPEALS 

~~~ ~ ~~ ~~Jff~S - ;--'i -· - - Abel Acosta, Clerk 

arf/ -~~~-:Y ~~· 

~d. -~--------
#### Nelson Azcona et al., Appellants, v David Salem et al., Respondents.

[852 NYS2d 767]

In granting defendants’ belated summary judgment motion *(see*CPLR 3212 [a]), Supreme Court did not address the issue of whether defendants demonstrated good cause *(see Miceli v State Farm Mut. Auto. Ins. Co.,*3 NY3d 725 [ 2004]; *Brill v City of New York,*2 NY3d 648 [2004]). In any event, as a matter of law, defendants failed to demonstrate good cause. Defendants claim that after the first note of issue was struck in 2004, they did not learn that another note of issue had been filed until early May 2006, shortly before the 120-day period for moving for summary judgment was about to expire, when counsel was informed about an imminent pretrial conference, and that the instant motion was prepared and served as soon as possible. Defendants’ counsel’s bald assertion that he did not receive a copy of the note of issue is insufficient to rebut the presumption that service was complete upon mailing of the document to defendants’ counsel by plaintiffs’ counsel on January 3, 2006, as evinced by an affidavit of service *(see Engel v Lichterman,*62 NY2d 943, 944 [ 1984]; *Matter of Kahoud [Rundell],*128 AD2d 531 [ 1987]). The legislatively imposed deadline for filing summary judgment motions must be strictly followed, and courts may not excuse a late motion, no matter how meritorious, upon a perfunctory claim of law office failure *(see Crawford v Liz Claiborne, Inc.,*45 AD3d 284, 285-286 [ 2007]). Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.
CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
FirstFed Financial Corp.


      We consent to incorporation by reference in the registration  statements
(No.  333-33463,  033-63207)  on Form S-8 of FirstFed  Financial  Corp. of our
report dated  January 25, 2001,  relating to the  consolidated  statements  of
financial  condition of FirstFed  Financial Corp. as of December 31, 2000, and
1999, and the related consolidated  statements of operations and comprehensive
earnings,  stockholders'  equity  and cash  flows for each of the years in the
three-year  period  ended  December  31,  2000,  which  report  appears in the
December 31, 2000, annual report on Form 10-K of FirstFed Financial Corp.


                                            KPMG LLP


Los Angeles, California
March 13, 2001
**Exhibit 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the use inRegistration Statement No. 333-152429, 333-66484, 333-95253. 333-95241 and 333-24693 of Entech Solar, Inc. and Subsidiaries on Form S-8 of our report dated March 31, 2010 (which report expressed an unqualified opinion and included anexplanatory paragraph relating to Entech Solar, Inc.’s ability to continue as a going concern), appearing in the 2009 Annual Report on Form 10-K of Entech Solar, Inc. and Subsidiaries. 

/s/ Amper, Politziner & Mattia, LLP 

Edison,New Jersey 

March 31, 2010
Exhibit 21

SUBSIDIARIES OF CONSTELLATION ENERGY GROUP, INC.*

Jurisdiction
of
IncorporationBaltimore Gas and Electric Company.

MarylandConstellation Holdings, Inc.

MarylandConstellation Investments, Inc.

MarylandConstellation Power, Inc.

MarylandConstellation Real Estate Group, Inc.

MarylandConstellation Enterprises, Inc.

MarylandConstellation Energy Commodities Group, Inc.

DelawareConstellation Energy Projects & Services Group, Inc.

DelawareSafe Harbor Water Power Corporation

PennsylvaniaBGE Home Products & Services, Inc.

MarylandConstellation Energy Resources, LLC

DelawareConstellation NewEnergy, Inc.

DelawareConstellation Energy Nuclear Group, LLC

MarylandCalvert Cliffs Nuclear Power Plant, Inc.

MarylandConstellation Power Source Generation, Inc.

MarylandConstellation Power Source Holdings, Inc.

MarylandBGE Capital Trust II

DelawareNine Mile Point Nuclear Station, LLC

DelawareR. E. Ginna Nuclear Power Plant, LLC

Maryland


---



QuickLinks
**Exhibit 32.1**

 

***Certificationof the Principal Executive Officer and Principal Accounting and Chief FinancialOfficerPursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002***

 

In connection with the Quarterly Report ofSolera National Bancorp, Inc. (the “Company”) on Form 10-Q for theperiod ended June 30, 2008 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Paul M. Ferguson, President ofthe Company, and I, Robert J. Fenton, Vice President, Secretary &Treasurer of the Company, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and inconnection with this quarterly report on Form 10-Q, that we have reviewed theForm 10-Q and that to the best of our knowledge:

 

1. The Report fully complies with therequirements of sections 13(a) or 15(d) of the Securities ExchangeAct of 1934, as amended, and

 

2. The information contained in the Reportfairly presents, in all material respects, the Company’s financial conditionand results of operations as of the date and for the periods covered by theReport.

 
| Date: August 14, 2008 | /s/ Paul M. Ferguson                                |
|----------------------------|-----------------------------------------------------|
|                       | Paul M. Ferguson                                    |
|                       | President                                           |
|                       | (Principal Executive Officer)                       |
|                       |                                                |
|                       |                                                |
|                       | /s/ Robert J. Fenton                                |
|                       | Robert J. Fenton                                    |
|                       | Vice President, Secretary & Treasurer      |
|                       | (Principal Accounting and Chief Financial  Officer) |

 

----
Exhibit 31.2

CERTIFICATION

I, Dennis M. Clarke, certify that:

1.      I have reviewed this quarterly report on Form 10-QSB of Independent BancShares, 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 small business issuer as of, and for, the periods presented in this report; 

4.      The small business issuer'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 small business issuer 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 small business issuer, 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) [Intentionally Omitted];      

      (c)      Evaluated the effectiveness of the small business issuer'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 small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting.

5.      The small business issuer's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer'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 small business issuer'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 small business issuer's internal control over financial reporting. 

Date:  November 6, 2006
By: /S/ Dennis M. Clarke
Exhibit 32.1

                           CERTIFICATIONS PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

      In connection with the Quarterly Report of Orient Paper Inc., a Nevada
corporation (the "Company"), on Form 10-Q for the quarter ended March 31, 2008,
as filed with the Securities and Exchange Commission (the "Report"), Zhenyong
Liu, Chief Executive Officer of the Company, does hereby certify, pursuant to
ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), that to his
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 result of operations of the
      Company.

May 20, 2008


/s/ Zhenyong Liu
-------------------------------------
Zhenyong Liu, Chief Executive Officer

[A signed original of this written statement required by Section 906 has been
provided to Orient Paper Inc. and will be retained by Orient Paper Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.]
Order entered July 13, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00585-CV

IN RE AMERICAN PIPING PRODUCTS, INC., Relator

Original Proceeding from the 193rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-14-13662

ORDER

Based on the Court’s opinion of this date, we DENY the petition for writ of mandamus. 

We ORDER relator to bear the costs of this original proceeding.

/s/ ROBERT M. FILLMORE 

JUSTICE
Fourth Court of Appeals

San Antonio, Texas

July 9, 2015

No. 04-15-00005-CV

IN THE ESTATE OF JACK HIROMI IKENAGA SR.

From the Probate Court No 1, Bexar County, Texas

Trial Court No. 2011-PC-4330

Honorable Polly Jackson Spencer, Judge Presiding

ORDER

Appellee’s brief is due on July 24, 2015. See TEX. R. APP. P. 38.6(b). On July 9, 2015, 

Appellee ACCC Holding Corporation filed an unopposed first motion for a forty-five day 

extension of time to file its brief until September 8, 2015.

Appellee’s motion is GRANTED. Appellee must file its brief with this court by 

September 8, 2015.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 9th day of July, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
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 ("Quarterly Report")of Itronics, Inc. (the "Registrant") for the fiscal quarter ended June 30, 2006as filed with the Securities and Exchange Commission on the date hereof, each of theundersigned, in their capacities and on the dates indicated below, hereby certifies,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of our knowledge and belief:

(1) The Quarterly 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 Quarterly Report fairly presents, in all materialrespects, the financial condition and result of operations of the Registrant.

 

 

Date: August 14, 2006               /S/JOHN W. WHITNEY
                                    JohnW. Whitney

                                    President

Date: August 14, 2006              /S/MICHAEL C. HORSLEY
                                   MichaelC. Horsley

                                   Controller

54

 

A signed original of this written statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appears in typedform within the electronic version of this written statement required by Section 906 hasbeen provided to the Registrant and will be retained by the Registrant and furnished tothe Securities and Exchange Commission or its staff upon request.