alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Paramjit Lal, Appellant, v Ching Po Ng, Respondent, et al., Defendant.

[823 NYS2d 429]

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated March 17, 2005, as granted the cross motion of the defendant Ching Po Ng for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

On October 14, 2002 the plaintiff had been a tenant of the premises where the accident occurred for approximately six months, and the defendant Ching Po Ng had owned the premises for approximately two months. On that date, the plaintiff sat down on a concrete abutment adjoining the front steps of the premises. As he sat down, the abutment “came loose” and slipped, causing him to fall. At his examination before trial, the plaintiff claimed that he did not know for what period of time this abutment was loose, nor did he know if anyone made any complaints about the abutment. In his deposition testimony, Ching Po Ng stated that the outside of the premises “looked quite new to me,” and that he was unaware of the alleged defect.

Ching Po Ng established his entitlement to judgment as a matter of law based upon evidence that he did not create the alleged dangerous condition or have actual or constructive notice of its existence *(see Voss v D&C Parking,*299 AD2d 346 [2002]). The general rule is that “[t]o constitute constructive notice, the defect must be visible and apparent, and it must exist for a sufficient length of time before the accident to permit the defendant an opportunity to discover and remedy it . . . [C]onstructive notice will not be imputed where a defect is latent and would not be discoverable upon reasonable inspection” *(Curiale v Sharrotts Woods, Inc.,*9 AD3d 473, 475 [2004] [citations omitted]). Here, the evidence indicated that both the plaintiff and Ching Po Ng were unaware of the alleged defect, which was not discoverable by reasonable inspection.

In opposition, the plaintiff failed to raise a triable issue of fact. The affidavit of the plaintiffs expert submitted in opposition to the motion, which was based on an examination of the accident site more than two years after the accident, was wholly conclusory and insufficient to raise a triable issue of fact as to whether the alleged defect was discoverable upon reasonable *669inspection *(see Drillings v Beth Israel Med. Ctr.,*200 AD2d 381 [1994]). A page of the affidavit describing the expert’s inspection of the alleged defect was missing from the papers submitted to the Supreme Court and is not part of the record. There is no evidence that any specific statutory provision was violated *(see Chrisostomides v Berjas Realty Co.,*231 AD2d 601, 602 [1996]).

Accordingly, the Supreme Court properly granted Ching Po Ng’s cross motion for summary judgment. Crane, J.P, Goldstein, Rivera and Lifson, JJ., concur.
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Exhibit No. 32.1


Marketing Acquisition Corporation


File No. 0-52072


Form 10-Q


Quarter ended March 31, 2010








Certification Pursuant to 18 U.S.C. 1350,


as adopted Pursuant to Section 906


of the Sarbanes-Oxley Act of 2002 -


Chief Executive and Financial Officer








In connection with the Quarterly Report of Marketing Acquisition Corporation (Company) on Form 10-Q for the period ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (Report), I, Timothy P. Halter, Chief Executive and Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, adopted as 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 result of operations of the Company.








Dated: May 10, 2010
By:
/s/ Timothy P. HalterTimothy P. HalterChief Executive Officer,andChief Financial Officer








A signed original of this written statement required by Section 906 has been provided to Marketing Acquisition Corporation and will be retained by Marketing Acquisition Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
**EXHIBIT 32**

 

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), each of the undersigned officers of Symmetry Holdings Inc., (the “Company”), does hereby certify, to such officer’s knowledge, that: 

 

The Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2007 (the “Form 10-Q”) of the Company 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 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

 

| Dated: August 10, 2007 |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                | */s/ Corrado De Gasperis* |   |
|------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------|--------|
|                   |  

 

 

*Chief Executive Officer*

 

 

 

* *

 

Dated: August 10, 2007 

 

*/s/ Corrado De Gasperis*

 

 

 

 

 

*Principal Financial Officer*

 

 

 

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission.

 

 

  |
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 March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the date indicated below, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 results of operations of the Company. |
|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| Dated: May 15, 2008 | By: /s/Michael McChesney |
|---------------------|--------------------------|

|   | MICHAEL MCCHESNEY |
|--------|-------------------|

|   | Chief Executive Officer |
|--------|-------------------------|
Exhibit 32



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



Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, each of the undersigned President and Sole Executive
Officer of the Company, certifies, that to his knowledge:

         1) Ridgefield Acquisition Corp.'s Form 10-KSB/A for the annual period
         ended December 31, 2007 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 Ridgefield Acquisition Corp.'s Form
         10-KSB for the annual period ended December 31, 2007 fairly presents,
         in all material respects, the financial condition and results of
         operations of the Company.



Dated: August 4, 2008


                                            /s/ Steven N. Bronson
                                            -----------------------------------
                                            Steven N. Bronson, President
EXHIBIT 21

List of Subsidiaries

|Subsidiary |  | State of Incorporation
|---------- |  | ----------------------

|1.   PBM Technology, Inc. |  | Delaware
|------------------------- |  | --------

|2.   Interchange PMP, Inc. |  | Oklahoma
|-------------------------- |  | --------

|3.   Pharmacy Associates, Inc. |  | Arkansas
|------------------------------ |  | --------

|4.   Specialty Pharmacy Care, Inc. |  | New York
|---------------------------------- |  | --------

|5.   Centrus Corporation |  | Delaware
|------------------------ |  | --------

|6.   NMHCRX Contracts, Inc. |  | Delaware
|--------------------------- |  | --------

|7.   NMHC Funding, LLC |  | Delaware
|---------------------- |  | --------

|8.    National Medical Health Card IPA, Inc.          d/b/a NMHCRX IPA |  | New York
|---------------------------------------------------------------------- |  | --------

|9.   NMHCRX, Inc. |  | Delaware
|----------------- |  | --------

|10.NMHCRX Mail Order, Inc.          D/B/A NMHC Mail |  | Delaware
|--------------------------------------------------- |  | --------

|11.   Integrail, Inc. |  | Delaware
|--------------------- |  | --------

|12.   Ascend Specialty Pharmacy Services, Inc. |  | Delaware
|---------------------------------------------- |  | --------

|13.Portland Professional Pharmacy          D/B/A NMHC Ascend |  | Maine
|------------------------------------------------------------ |  | -----

|14.Portland Professional Pharmacy Associates          D/B/A NMHC Ascend |  | Maine
|----------------------------------------------------------------------- |  | -----

|15.   Inteq PBM, L.P. |  | Texas
|--------------------- |  | -----

|16.   Inteq TX Corp. |  | Texas
|-------------------- |  | -----

|17.   Inteq Corp. |  | Delaware
|----------------- |  | --------
Exhibit 32.1

 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350

        In connection with the accompanying Annual Report on Form 10-KSB of
Velocity Asset Management, Inc. for the period ended December 31, 2004, I, John
C. Kleinert, President and Chief Executive Officer, hereby certifies pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of my knowledge and belief, that:

1.      Such Annual Report on Form 10-KSB for the year ended December 31, 2004,
        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 such Annual Report on Form 10-KSB for the
        year ended December 31, 2004, fairly presents, in all material respects,
        the financial condition and results of operations of Velocity Asset
        Management, Inc.

                                            VELOCITY ASSET MANAGEMENT, INC.


Dated: April 13, 2005                      By: /s/ JOHN C. KLEINERT
                                               ---------------------------------
                                               John C. Kleinert, President and
                                               Chief Executive Officer
Exhibit 32.4


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-Q of Healthcare Trust of America Holdings, LP, or the Company, for the quarter ended June 30, 2016 , as filed with the Securities and Exchange Commission on the date hereof, or the Report, I, Robert A. Milligan, Chief Financial Officer of Healthcare Trust of America, Inc., general partner of Healthcare Trust of America Holdings, LP, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:


(i) the Report fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and


(ii) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





By:/s/ Robert A. MilliganRobert A. MilliganChief Financial Officer of Healthcare Trust of America, Inc., general partner of Healthcare Trust of America Holdings, LP


Date: August 2, 2016





A signed original of this written statement required by Section 906 has been provided to Healthcare Trust of America, Inc. and will be retained by Healthcare Trust of America, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

DINO RAMBHAROSE, :

Civil Action No. 10-6488 (WJM)

Petitioner, :

v. : O R D E R

(CLOSED)

JANET NAPOLITANO, et al., :

Respondents. :

This matter has come before the Court on Petitioner’s

submission of a Petition for Writ of Habeas Corpus, filed pursuant

to 28 U.S.C. § 2241. It appears that:

1. Petitioner is currently a detainee confined at the Hudson

County Correctional Facility, Kearney, New Jersey;

2. Petitioner neither prepaid the $5.00 filing fee for a

habeas petition as required by Local Civil Rule 54.3(a), nor

submitted a complete application to proceed in forma pauperis.

IT IS THEREFORE on this 20th day of March, 2011,

ORDERED that Petitioner’s petition for a writ of habeas corpus

shall be dismissed without prejudice; and it is further

ORDERED that, within 30 days of the date of entry of this

Order, Petitioner shall either remit the $5.00 filing fee or submit

a completed and signed in forma pauperis application, with a

certification of Petitioner’s institutional account, as required by

Local Civil Rule 81.2(b); and it is further

Case 2:10-cv-06488-WJM Document 2 Filed 03/20/11 Page 1 of 2 PageID: 17
ORDERED that the Clerk of the Court shall supply to Petitioner

a blank form Application to Proceed In Forma Pauperis in a Habeas

Corpus Case, for use by a prisoner; and it is further

ORDERED that, if Petitioner wishes to reopen this action, he

shall so notify the Court within 30 days of the date of entry of

this Order, in writing addressed to the Clerk of the Court,

Mitchell H. Cohen Building and U.S. Courthouse, Fourth and Cooper

Streets, Camden, New Jersey, 08101; Petitioner’s writing shall

include either: (1) a complete in forma pauperis application,

including a certification of Petitioner’s institutional account, as

required by Local Civil Rule 81.2(b); or (2) the $5 filing fee; and

it is finally

ORDERED that the Clerk of the Court shall serve a copy of this

Order upon Petitioner by regular U.S. mail.

s/William J. Martini

 

WILLIAM J. MARTINI

United States District Judge

2

Case 2:10-cv-06488-WJM Document 2 Filed 03/20/11 Page 2 of 2 PageID: 18
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA, : Crim. No. 10-424 (FSH)

v. : O R D E R

ROY L. STEIN. :

Defendant. :

This matter having come before the Court on the Report and Recommendation of the United

States Magistrate Judge filed in this matter, which was submitted as a result of this Court having

referred this cause to the Magistrate Judge for the purpose of conducting a plea proceeding under

Fed. R. Crim. P. 11; and the defendant having consented to the Magistrate Judge conducting the

guilty plea proceeding; and the Court having reviewed the Report and Recommendation, as well as

the transcript of the proceedings on June 21, 2010 and there being no objection to the Report and

Recommendation timely filed pursuant to 28 U.S.C. 636(b); and the Court finding the Report and

Recommendation is neither clearly erroneous nor contrary to law; and the Court hereby finding that

the Report and Recommendation should be approved and adopted and the defendant’s guilty plea

accepted,

IT IS ON THIS 7 day of July, 2010, th

ORDERED that the Report and Recommendation of the United States Magistrate Judge is

approved and adopted; and

IT IS FURTHER ORDERED that the defendant’s guilty plea is accepted and a judgment

of guilt to Count One of the Information shall be entered. 

 /s/ Faith S. Hochberg 

UNITED STATES DISTRICT JUDGE

Case 2:10-cr-00424-FSH Document 15 Filed 07/07/10 Page 1 of 1 PageID: 35
UNITED STATES DISTRICT COURT CLOSED

FOR THE DISTRICT OF NEW JERSEY

_______________________________

 :

MANUEL CALDERON, :

 : Civil Action No.

Petitioner, : 10-3398 (FSH)

 :

v. : O R D E R 

 :

ERIC H. HOLDER, JR., et al., :

 :

Respondents. :

_______________________________:

 

This matter having come before the Court on Petitioner’s

submission of a Petition for a Writ of Habeas Corpus pursuant to

28 U.S.C. § 2241; and for the reasons expressed in the Opinion

filed herewith,

IT IS on this 30th day of August, 2010, 

ORDERED that the Petition is hereby DISMISSED; and it is

further 

ORDERED that such dismissal is without prejudice to

Petitioner filing, on his own accord, an application to the Court

of Appeals for the Third Circuit (challenging Petitioner’s

removal) and/or an application in this District challenging

Petitioner’s detention (in accordance with the guidance provided

to Petitioner in the Opinion filed herewith); and it is further

ORDERED that the Clerk shall serve copies of this Order and

Opinion filed herewith upon Petitioner; such service shall be

executed by regular U.S. mail. The Clerk shall include in the

Case 2:10-cv-03398-FSH Document 7 Filed 08/30/10 Page 1 of 2 PageID: 62
mailing a blank habeas application for federal inmates and a

blank in forma pauperis application for inmates seeking to

initiate habeas proceedings; and it is finally 1

ORDERED that the Clerk of the Court shall close the file on

this matter.

 /s/ Faith S. Hochberg 

 Faith S. Hochberg

 United States District Judge

 Petitioner is encouraged to utilize these forms in the 1

event Petitioner is not removed to Columbia within his Zadvydas

period and Petitioner elects to file another § 2241 application.

2

Case 2:10-cv-03398-FSH Document 7 Filed 08/30/10 Page 2 of 2 PageID: 63
#### Michelle Marshall, Respondent, v 426-428 West 46th Street Owners, Inc., et al., Respondents. Primax Recoveries Incorporated, Nonparty Appellant.

[821 NYS2d 884]

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered December 13, 2005, which denied nonparty appellant’s motion to intervene, unanimously affirmed, with costs.

The reimbursement provision in plaintiffs medical benefits plan is virtually identical to that in *Halloran v Don’s 47 W. 44th St. Rest. Corp.*(255 AD2d 206 [1998]), wherein we upheld the denial of intervention by a health insurer on the grounds that it would be premature and could place the insurer’s interests in conflict with those of its insured. We decline appellant’s invitation to reconsider our reasoning in that case. Accordingly, it is unnecessary to address the other contentions for affirmative relief. The motion court adequately addressed appellant’s concerns by directing segregation in the eventual settlement or judgment of the amount of medical benefits paid on plaintiffs behalf. Concur—Saxe, J.P., Marlow, Nardelli, Sweeny and Catterson, JJ.
EXHIBIT 32.1
CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002
In connection with the Annual Report of Greyhound Lines, Inc. and Subsidiaries (the “Company”) onForm 10-K for the year ended December 31, 2004, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), each of the undersigned officers of the Companycertifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to such officer’s knowledge:
 1.  The Report fully complies with the requirements of section 13(a) or 15(d) of theSecurities 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 as of the dates and forthe periods expressed in the Report.
Date: March 31, 2005                                                                 /s/ Stephen E. Gorman    Name:  Stephen E. Gorman   Title:  President and Chief Executive Officer                                                                   /s/ Cheryl W. Farmer    Name:  Cheryl W. Farmer   Title:  Senior Vice President –  Finance and Treasurer   
A signed original of this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.
The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as a part of this report or on a separate disclosure document.