instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
and, therefore, uninformed. We cannot agree. There is no statement of personal knowledge by the executrix stating whether Burnett consulted with legal counsel prior to executing the CSA or Guaranty. Plaintiff certified JTB, Inc. defaulted under the CSA and provided the documents supporting entry of judgment against it. JTB, Inc. never challenged the action or the relief sought. Proof of the Guaranty and its execution by Burnett was also provided to support judgment under the cognovit provision. Moreover, the Guaranty is clearly written and its waiver provisions are boldly identified, as is the confession of judgment clause. Importantly, plaintiffs action was based on the Guaranty, not the terms of its CSA with JTB, Inc. See Tam Enters., supra, 369 N.J.Super. at 59, 848 A.2d 27 (<HOLDING>). Further, the provision contains a succinct 
 Holding statements: (A) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment (B) holding a guarantee of a note that contains a cognovit provision alone is insufficient to permit confession of judgment against the guarantors (C) holding that notice of judgment was insufficient (D) holding that a confessed judgment was not enforceable against a corporate president who individually guaranteed payment of corporate note signed by him in his capacity as president and which authorized confession of judgment (E) holding that adverse inference alone insufficient to support a motion for summary judgment
answer:
(B)


question:
who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs’ favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac’s motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac’s motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000) 
 Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted
answer:
(D)


question:
but refuse to do anything about it.”); Aff. of Harry Seymour, Nov. 30, 1992 ("It is my observation that throughout the institution that there is a continuous covering over of filth and dirt, rather than a unified regimen of daily house keeping and cleaning. My observation is that policy is to let area go uncleaned and paint over it when it looks bad or when outside people are touring the area.”); Aff. of James Doane, Mar. 26, 1993 (recounting his efforts, over the course of four days, to replace a broken Pak-A-Pottie and stating that he was told there were none available). 10 . I respectfully suggest that, in making that decision, the Superior Court failed to follow the sequential rule in cases alleging constitutional violations. See Saucier, 533 U.S. at 201, 121 S.Ct. 2151 (<HOLDING>); see also Fabiano, 352 F.3d at 453 (holding 
 Holding statements: (A) holding that the question of qualified immunity dovetails with the substantial inquiry in a  1983 action in that both depend on the specific contours of the constitutional right at issue (B) holding that the initial inquiry for a court called upon to rule upon the qualified immunity issue is whether the facts alleged show the violation of a constitutional right (C) holding that the court evaluating a claim of qualified immunity must first determine whether the plaintiff states a claim of a constitutional violation at all and then must determine whether the claimed right was clearly established before proceeding to the qualified immunity question (D) holding that the threshold inquiry assuming as true the facts alleged by the injured party is whether the officers conduct violated a constitutional right (E) holding that defendant is entitled to qualified immunity because plaintiff failed to allege the violation of a clearly established constitutional right
answer:

(B)