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Stone Encrusted Oxidized Antique German Silver BangleAdd to wishlist
Rs. 150.00
Partners WHITE RIVER STORIES SKU: 106xNJ/3/02/106
|Ready stock. It can be delivered within 3-5 days. Returns accepted
|Suitable for hands with bangle size 2-6 to 2-10 [CHECK YOUR SIZE]
|Product Description
|Exclusive range of handmade white metal jewelry made with natural stones and beads. A simple yet exquisite fashion jewelry with oxidized tones and textures. Intricately crafted from German silver and embellished with beads. You can wear this bangle with ethnic as well as casual outfits. Sold as single piece.
|Made of High Quality german silver metal with stone beads.
|To clean - Wipe jewellery with a soft cotton cloth regularly. Keep away from perfumes, sprays, water and other liquid substances.
|Slight difference in colour from the visible product image is possible. Read more.
A unique collection of white Metal German Silver jewellery and accessories. Each item is hand-picked and sourced. Handcrafted in India.
Stone Encrusted Oxidized Antique German Silver Bangles.


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- Latest
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… shares for the Suarez post. Going back a bit further, the world saw San Antonio Spurs beat the famous Miami Heat at the NBA finals on 16 June. Within a day, Bud Light rode on the NBA hype with this: Linking a hot news topic with their brand via their caption ("The perfect beer for celebrating when your favorite team cements its legacy as one…

subset: commoncrawl


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10 Ways To Stop Worrying at Night and Sleep Like a Baby
You worry about something which only exists in your head. One thought leads to another and before you know it it forms a huge web around you and holds you captured. r
If overthinking is keeping you awake at night, here's 5 easy tips to empty your mind before going to sleep. r


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Videos tagged "CARTAH"
This is an old DV-NTSC rez video I shot in 1999 and composited at the CARTAH lab at UW in 2000. I finally was able to digitize the full rez version. What's funny is how LO rez 14 year old tech…+ More details
What are Tags?
Tags are keywords that describe videos. For example, a video of your Hawaiian vacation might be tagged with "Hawaii," "beach," "surfing," and "sunburn."


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iPhone apps
Essays (Second Series)
Essays (Second Series)by Ralph Waldo EmersonA collection of essays: The poet, Experience, Character, Manners, Gifts, Nature, Politics, Nominalist and realist & New England reformers.About Emerson:Ralph Waldo Emerson (May 25, 1803 – April 27, 1882….. Read more
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Baked Cheese Fiesta Dip
Total Time
Prep 10 mins
Cook 30 mins
This is a great tasting dip or spread. Serve it with chips or crackers. After it's cooked you can spread a very thin layer of sour cream on top, just enough to help adhere your choice of toppings, such as diced peppers, tomatoes, cilantro, green onion, etc. To make a nice presentation on your Christmas buffet, cut stars out of red and green peppers and spread over the top.
Ingredients Nutrition
- 2 (8 ounce) packages cream cheese, softened
- 8 -10 ounces grated cheese (I use 4 cheese Mexican style)
- 1 (4 ounce) canchopped green chilies
- 1⁄2 cup sour cream
- 1⁄4-1⁄2 teaspoon ground red pepper (or to taste)
- Beat cream cheese till light and fluffy.
- Stir in all other ingredients and mix well.
- Spray a 10-inch pie plate or quiche dish with cooking spray.
- Bake about 30 minutes at 350° until edges are lightly browned.
Most Helpful
This is a great dip and so easy to make!! I served it with assorted crackers and chips. Went over big with the group. Thanks Junebug, for sharing this. :-)
Every time I make this dip, it is the first to go! I have had numerous requests for this recipe! Yum!!!
This was the most amazing dip I've ever had; super easy to make and delicious. Made as written, except I omitted the ground red pepper (lots of non-spicy lovers in the crowd). I served it with chips and crackers, and it was incredible-tasting on both. Thanks for contributing this, Junebug!


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Oregon at Washington2016-03-26T15:00:00-07:00
Seattle, WA
Husky Ballpark
Husky Ballpark
Husky Ballpark, Walla Walla Rd.
Seattle, WA 98195
Watch 3/26 at 3:00 PM PT
Pac-12 Networks
Airing on:
- Pac-12 Oregon
- Pac-12 Washington
More: Oregon at Washington - Baseball
Washington's Josh Cushing after win over Oregon
Pac-12 Network's Ted Robinson and Kevin Stocker talk with Josh Cushing, who had a three-run double in the fifth to secure Washington's 7-4 win over Oregon on Saturday in Seattle.
UW Baseball Will Appear 18 Times On Pac-12 Network

The Pac-12 Conference announced the television schedule for the 2017 baseball season and Washington will appear at a minimum 18 times throughout the year on the Pac-12 Network. The Huskies will have nine home and nine away games televised and available online.
Washington baseball's Scout Day
Washington baseball gears up for the season with Scout Day. (Courtesy of GoHuskies.com)
Rallings Named Perfect Game First Team All-American
Washington senior Troy Rallings was named First Team All-America by Perfect Game/Rawlings, adding to an already impressive list of post-season awards. Rallings, a 22nd-round selection by the Los Angeles Angels, has previously been named first team All-American by Baseball America, D1Baseball, Collegiate Baseball/Louisville Slugger and ABCA/Rawlings.
Assistant Swanson To Coach With USA Baseball
USA Baseball announced the appointment of Washington baseball assistant coach Tanner Swanson as a coach of the National Teams Identification Series (NTIS) Northwest Region 17-under, 16-under and 13-under teams. Swanson will coach the teams in the NTIS events in Cary, N.C. from Aug. 10-14, Aug. 18-21 and Aug. 25-28.
15 Ducks Playing Summer Ball
Fifteen players from Oregon's 2016 baseball team are competing in summer wooden bat leagues around the country this summer.


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Ramada Limited - San Diego: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in San Diego, United States.
Ramada is situated in San Diego and is close to SeaWorld San Diego. It also features laundry facilities and a 24-hour reception.
Hotel description
Ramada Limited - San Diego provides spacious rooms equipped with a hair dryer, cable/satellite channels and a refrigerator. There are also multiple rooms specially designed for families.
A satisfying breakfast is served each morning at Ramada Limited, and there are numerous cafés and eateries nearby. There is also the added advantage of an in-house restaurant.
San Diego International Airport is within a 10-minute car ride of SeaWorld, as are Balboa Park, San Diego Zoo and Mission Beach. The hotel's multilingual staff are available to make sure that every traveller has a hassle-free visit.
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24 Hour Reception, Multilingual Staff, Photocopier, Self Laundry
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Full Size Square Radius Carbide Turning Tool
Home > Rockler > Rockler Promotions > Current Promotions > Cyber Monday Blowout
|Take a close look at the edge of this carbide cutter and you´ll realize it´s not actually square. Instead, each of its four edges is slightly crowned with a 2´´ radius. This subtle change makes the cutter excellent for smoothing cuts. The replaceable, rotatable cutter eliminates the hassle and downtime of sharpening. Simply rotate the carbide cutter for a fresh, sharp edge, and replace it once all edges have grown dull. Solid carbide stays sharp for longer when compared with steel, giving you a much longer useful life. The shaft features a flattened back for stability when using the tool rest, and the handles are made of solid ash encased with a thick, molded rubber end for an enhanced grip and reduced fatigue. They´re great for beginning to advanced woodturners, ensuring quick success without the frustration of dull tools. Since you don´t need to invest hundreds of dollars into sharpening equipment, they´re also an excellent value.Features:Excellent for smoothing cuts and convex surfaces.Replaceable Sr2 cutter measures approximately 0.60´´ square with a 2´´ convex radius on all 4 edges.Total overall length of Full Size Carbide Turning Tool is approximately 19-1/2´´.Handles are 13´´ long from the butt of the handle to the top of the stainless steel ferrule.Length of the shaft is approximately 6-1/2´´.Ash handles are coated with a soft, grippy rubber for a secure, effortless grip and excellent ergonomics.Note: carbide cutters are not interchangeable between the different tools.
Only $99.99 at Rockler.com


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Air Jordan IV BG Dunk From Above Shoes - Midnight Navy/Gold Leaf
58.50 £48.75 was £75.00
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The Air Jordan IV Retro Dunk From Above is inspired by Michael Jordans relentless ability to take flight. ThisåÇ_Air Jordan 4 Retro incorporates the seasonal theme of 'soar'. The Air Jordan IV, which introduced the word 'Flight' onto a basketball shoe, features an inner label with a midnight navy and metallic gold design.
Air Jordan IV Dunk From Above Shoes - Midnight Navy/Gold Leaf/White/Metallic Gold
Leather upper -
Woven flight label -
Jordan logo on heel -
Mesh overlays -
Product code: 308497-425 -
United Kingdom.
Royal Mail Tracked 48 (2-3 days).
£2.99 flat rate charge. Free on orders over £50.
Royal Mail Tracked 24 (Next business day if ordered before 15:00 Mon-Fri).
£4.95 flat rate charge. Free on orders over £100.
Prices from £10. Free on orders over £200.
Read our shipping page for more information.
At The Chimp Store we pride ourselves on our superb customer service and that includes making our returns procedure as easy as possible. If you make a purchase from www.thechimpstore.com and upon receipt of the goods decide you have the wrong size, you don't like the colour, you made a mistake or you've just changed your mind, you can have a replacement or a refund...your choice. Simply return the goods, unused, in their original undamaged packaging within 28 days of receipt for a refund or replacement.
Read our returns page for more information.
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This is my favorite restaurant in all B'more. The food is delicious. They take care to satsisfy the customer and do not use MSG. The portions are huge and yet cheap! It is very, very, clean, a big plus in this city of dirty little restaurants. They have the best Chinese food from experienced mature cooks who actually make the spring rolls, eggrolls, wontons, and even prepare the Ribs appetizer with all homemade sauces, not just the same old canned stuff like others. If your friends don't all want Chinses or your kids want a hotdog, they have hotdogs, chicken nuggerts, french Fries, Wings, hamburgers, and steak and cheese, too. Everyone will be happy. Good service whether you eat there, get delivery, or carry out. Always a special like free soda or eggrolls with carry out and delivery orders if you order inough. They stay open late and they speak English very well. Go there, they will treat you good.
Hollins Park Chinese Food Delivery
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1. New Taste China
1044 W Baltimore StBaltimore, MD 21223
2. Zhong Shan RestaurantMenu
323 Park AveBaltimore, MD 21201
3. House Of Lee
this a terrible place to try and contact for orders the number is inoperable and it doesn't give any option to order online.
4. Lucky Garden
1403 W Fayette StBaltimore, MD 21223
5. Trust Chinese Restaurant
758 Washington BlvdBaltimore, MD 21230
6. Ichiban Yaki
400 W Lexington St Ste 601Baltimore, MD 21201
7. Lucky HouseMenu
400 W Lexington St Ste 27Baltimore, MD 21201
8. Lucky Express
1826 W Pratt StBaltimore, MD 21223
9. China DollMenu
406 Park AveBaltimore, MD 21201
10. Pinch Dumplings
520 Park AveBaltimore, MD 21201
11. Peking House
11 E Baltimore StBaltimore, MD 21202
12. WOW Food Cafe
222 N Charles StBaltimore, MD 21201
13. FuSioN WoK
222 N Charles StBaltimore, MD 21201
14. Chinese Association
325 Park AveBaltimore, MD 21201
15. Hop Hin Chinese Carryout
505 Pennsylvania AveBaltimore, MD 21201
16. Blue Island Malaysian Cuisine
Excellent Chinese food (carry out). Limited menu (8-10 items), but all are very good. Very inexpensive
17. China GardenMenu
The food is very good and the service is fast.
18. Eutaw China ExpressMenu
236 N Eutaw StBaltimore, MD 21201
19. Little Lantern House Chinese
2009 Edmondson AveBaltimore, MD 21223
20. Asian HarborMenu
This is my favorite restaurant in all B'more. The food is delicious. They take care to satsisfy the customer and do not use MSG. The portions are h…
21. Mi & Yu Noodle Bar
really great food really great service five stars I would suggest this place to anyone that enjoys this cuisine
22. No 1 Chinese Restaurant
#1 Chinese restaurant is a great place to get your food. The food is exceptional, very good, trained chefs that have had over 10 years experience. …
23. Oriental Express
1200 Mondawmin ConcBaltimore, MD 21201
24. Lee's Place
322 N Franklintown RdBaltimore, MD 21223
25. Moun Wok
200 E Pratt St Ste 4010Baltimore, MD 21202
26. China CityMenu
1319 W North AveBaltimore, MD 21217
27. Lucky FortuneMenu
1116 Light StBaltimore, MD 21230
28. China WokMenu
2010 Maryland AveBaltimore, MD 21218
29. Golden CityMenu
1025 Light StBaltimore, MD 21230
30. China WokMenu
913 E Baltimore StBaltimore, MD 21202
China Harbor has the best Chinese food in Baltimore by far. The decor and atmosphere is also very pleasant and you can dine-in, take out, and they even deliver! I've moved around a lot and have had my fair share of good Chinese food but China Harbor def beats out the competition. Would highly recommend!
I,ve been going too this carryout since March and I don,t want to buy my food no where else . I,m glad to be one of there customers, it,s not easy too find a good carryout up ParkHeights. So if your ever in the area, stop in an get some you,ll love it!!!!!!!!!!!!! Chinese,chinese,chinese!!!!!!!!!!


text:
The brave hussar returns to deal more damage to the orcish army. Now the dragon riders, archers and swordsmen of the Orcish kingdom are in full force trying to stop him.
Either scripts and active content are not permitted to run or Adobe Flash Player version
13.0.0 or greater is not installed.
Is this game not working? Any suggestions? Send your comments.


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Longshine Lcs 8531g2 Driver Download
Longshine Lcs 8531g2 Driver Details:
Longshine Lcs 8531g2 File Name: longshine_lcs_8531g2.zip
Longshine Lcs 8531g2 Driver Version: 378eJ
Longshine Lcs 8531g2 ZIP Size: 120.kb
Manufacturer: Longshine
Scan Status: OK
Longshine Lcs 8531g2 special revision for: Windows Vista Business 64 bit, Windows 8 Enterprise 64 bit, Windows 8 Pro 64 bit, Windows XP Media Center Edition 2003 32 bit, Windows XP Tablet PC Edition 32 bit, Windows XP Media Center Edition 64 bit, Windows 10 32 bit, Windows 7 Professional 64 bit
Longshine Lcs 8531g2 Download Stats:
Direct Downloads: 1273
Most Recent Download: 12/8/2016
Managed Downloads: 962
Most Recent Download: 12/8/2016
Download Mirrors: 4
Current Delay: 17 Seconds
Driver License: Free to the general public
Direct Download Success Stats:
Reports Issued By 982/1273 Users
Success Reported By 248/982 Users
Driver Download Score61/100
Driver Installation Score68/100
Overall preformance Score68/100
Installation Manager Success Stats:
Reports Issued By 827/962 Users
Success Reported By 676/827 Users
Driver Download Score80/100
Driver Installation Score78/100
Overall preformance Score98/100
1. Direct DownloadSelect your OS and press "Download".
This option requires basic OS understanding.
Select Your Operating System, download zipped files, and then proceed to
manually install them.
Recommended if Longshine Lcs 8531g2 is the only driver on your PC you wish to update.
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Stephen Da Sung Wallace
It is a beautiful day in the Land of the Terrapins -- November 24th, 2014. The long arms of winter have receded momentarily, and permitted one day of blue skies, and sunshine. On this day, the splendid activists of the University of Maryland choose to speak. This letter is intended to inform our lovely associates of the present state of affairs, and it is, more importantly, a voice offered from the outside, in support of those courageous youths, the social justice junkies, the ones who did shout for justice, and peace.
Firstly, the matter at hand. Universities have a history of strange bedfellows. The Pentagon's funding of MIT's young engineers comes to mind - this, during a time of protest against the Invasion of South Vietnam fifty years ago. The relationship between military programs and development of the appropriate materials for aggression -- biochemical weapons, nuclear technology, weaponry crafted for the destruction of agriculture -- has been thoroughly documented by the policy designers themselves. The whistleblower of the last generation, Daniel Ellsberg revealed this in his leaking of the Pentagon Papers. It has been written about in detail by the learned authors -- Historians Howard Zinn and Noam Chomsky, journalists I.F. Stone and Glenn Greenwald. This tradition, to Maryland's great shame and discredit, has reached Terrapin territory.
The Social Justice Coalition Against UMD Militarization reports a few items on the shopping list of the Administration: 49 M-16 assault rifles, 16 12-gauge shotguns, 1 $65,000 armored truck. All in the name, of course, of protection of the students. Though, each truism that goes without saying -- must be repeated in each public address. That is to say, that the claim of protection, security, comfort and so on, is -- dubious, to put it politely. Appropriate contextualization is required for the sake of the conscious of the general informed public -- we turn, for a moment, to the city of Ferguson, Mississippi.
The claim, of acts of police brutality in that now-famous city are at last under investigation by our hesitant Federal Bureau. This, in the midst of disturbing reports -- discontentedness that ranges from accusations of the regular violence of State institutions, to the declaration of the arrival of the Orwellian nightmare -- the Police State. This sentiment of uneasiness sometimes blossoms, the alarm is sounded by the apostles of freedom -- the familiar cry -- No Justice, No Peace.
The University, like every other institution that burdens our dying planet, has its administration, its bureaucrats, its tyrants, its corrupt political entities. University of Maryland, in this way, follows the standard formulation -- the Humanities field explores relationships between women, men, and the social construction of gender, but, largely, the professors' lectures will be void of calls for the necessary rebellion, the honed quality of dissent. This is the 21st century, and yet the Authoritarian Idea that has hogged the ideological spotlight for centuries survives -- sometimes appearing in disguise, in the form of a Corporate, Private institution, sometimes overtly, as illustrated by the horrendous acts of the National Security Agency. Our institutions are merely the descendents, the offspring, of the more brutal and shamelessly oppressive configurations -- the model of the King and Queen and Serfs in Feudalism, the Chattel Slavery and plantation owners of our Antebellum past, the indentured servitude that survives in the form of student debt today -- the current modifications of authority-centered social structures results in what honest fellows call wage slavery. That is the task for our fellows in the 21st Century.
It survives, as any rule does, by dividing the population against itself -- in this particular instance, the racial hatred of the State is passed down to the complacent members of suburbia. The shaky foundations of concentrated power hold their false authority steady through a series of myths, as well -- that is, that the population is too stupid for true democracy to function, that the students ought not to be passionate, but disinterested, objective scholars, that the hydra of sexism, racism, classism no longer stalks the halls of the 21st Century Institutions.
But a Police State, we must remember, does as it pleases. It expresses itself when the cry of the people is too noisy, too loud. Its motto is familiar to any person who is not trapped by that signature timidity and youthful naiveté: Do not speak, do not shout, do not dream, do not express, do not deviate from the norm, bow your head in silence, stay quiet, stay safe. The academic variant of this sentiment is familiar to the anxious freethinker that participates in our educational life --the condescension of administration, and incessant assessment of one's soul in the form of more tests, more grades, more assignments, more essays, more presentations, more textbooks. The new addition to this is, of course, the intimidation by our men in uniform, which no person can resist (of course). Either the spirit is crushed, or one pays the price -- no one wants to be the first one pushed up against the wall. But that is the world we have created.
Allow this dissident to introduce himself. The writer of this letter is an anarchistic, autodidactic advocate of autonomy and freedom. On the peripheral of the acceptable ideas within the radical community, that is, a bohemian variant of political dissidence - an anarchist who believes that honesty is more important than tact, or courtesy, and who would prefer wisdom appear in the form of poetry or music, rather than the polished works of annotated, footnoted, sociological study. In short, a self-taught dropout, who spends most of his days sipping cups of coffee at Plato's Diner, and a young man who is ashamed of what has happened to our country. I have written for political papers in the activist circles of this lovely state, I have run with the most admired anti-war voice of our century, Cindy Sheehan. It is a pleasure to meet you.
Let me finish by directly addressing those marvelous protesters. Fellows, congratulations, and I am happy to see the revolutionary tradition survives today. It is a great beginning to a long battle -- of ideas, of patriots, of statesmen. I am only disappointed that our voices did not turn more heads, that there were not more of us. But it is a beginning. I am someone who does not enjoy staying in one place for too long, and for this reason I may vanish from College Park soon. But I would like to say this -- my heart is yours in totality. After you are finished raising more hell, after you are finished breaking the chains and have mastered the conjuring of the spirit of solidarity, after you have made this land free, and have flipped all of the tables -- spread the love we so desperately need, and do not hold back.
I hope to see you soon, dear friends.


text:
Behrad Mousavi-, British Columbia, CA
English (North American), English, Farsi (Persian)
Middle Aged, Teen, Young Adult
Special Skills
Audiobooks, Business, Cartoons, Documentaries, Educational, Internet, Movie Trailers, Podcasting, Radio, Telephone, Television, Videogames
I dont have any experience as a professional voice actor.
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Hire Behrad as a voice actor. Payment is made through Voices.com SurePay, an escrow service that guarantees your work is done to your satisfaction. Send payment securely by Visa, Mastercard or PayPal through Voices.com then download your files from the website.
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text: The sales team and finance person when I purchased my car were very professional. I was very enthusiastic about my new purchase until I encounter Scott in service. I could not believe the lack of professionalism from a representative of Stevens Creek. I took my car to service to get checked in. Scott was very RUDE and short. I understand when one is busy but this guy was straight RUDE to me. He said he would call me when my car was ready. I never received a call as promised so I called late in the afternoon to check status on my car. After Scott answered my phone call, I was put on hold for over 10 minutes. I finally hung up and called back. When I let Scott know he left me on hold, his response was "Well, I'm busy and I can't help everyone at once. What do you need?" Wow!! I'm sorry I called to check on my car, sorry I was such a bother and sorry you don't have BASIC customer service skills. It only got worse when I picked up my car. Scott was once again RUDE to me as well as other customer's he was helping. Thanks to Scott in service, this will be my last service at this dealership. Too bad Scott had to ruin a great experience because the Sales team were great.


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APPEAL from the Circuit Court of St. Clair County; the Hon.
ALVIN H. MAEYS, JR., Judge, presiding.
Mr. JUSTICE GEORGE J. MORAN delivered the opinion of the court:
Plaintiffs appeal from a judgment of the circuit court of St. Clair County finding the issues in favor of the defendant in a case in which plaintiffs contested the validity of the dissolution of a not-for-profit corporation known as "Mexican-American Society of Fairmont City, Illinois."
Plaintiff Mexican-American Society of Fairmont City (herein referred to as the "Society") was incorporated in 1947 pursuant to the Illinois General Not-For-Profit Corporation Act (Ill. Rev. Stat. 1975, ch. 32, par. 163(a) et seq.). The purpose of the Society was to provide an organization to assist the Mexican-American community in a variety of ways, including but not limited to social, intellectual, and economic advancement.
The original Society consisted of 45 founding members who adopted a constitution and bylaws in accordance with section 163(a)(8) of the Not-for-Profit Corporation Act. The original constitution and bylaws were written in Spanish, and translated into English for the purposes of this lawsuit.
On May 13, 1968, the Society held its periodic meeting. A motion to reorganize the Society to a business corporation was adopted by 20 members attending the meeting. The motion stated:
"The May 13, 1968 meeting of the Mexican-American Society of Fairmont City passed a motion that the organization be made into a profit organization of shares for twenty members in good standing. Every member will be given an equal share. Listed below are the names of members who are to receive the shares."
The signatures of the 20 members follow, and the document was notarized by the accountant. A certificate of dissolution of the corporation was thereafter issued by the Secretary of State.
The Mexican-American Club, Inc., was then incorporated as the business corporation to succeed the Society. In accordance with the motion to reorganize, the 20 members whose signatures appear on the motion received equal shares in the corporation.
On August 10, 1972, the plaintiff Juan Aleman filed a suit, T.C. No. 72-2152, against Joseph Carillo, Jose M. Roque, Justino Martinez, Antonio Rangel, and Mexican-American Club, Inc., alleging that the individual defendants fraudulently and illegally dissolved a not-for-profit corporation known as "Sociedad Mexican American de Fairmont City, Illinois" and wrongfully converted it into a corporation for profit, namely, the defendant Mexican-American Club, Inc. Plaintiff's suit asked the court to hold that the individual defendants were illegally elected and that the incorporation of the defendant Mexican-American Club, Inc., be held illegal and void.
On June 13, 1974, the trial court, after hearing the evidence, made complete findings of fact and conclusions of law and rendered judgment in favor of the defendants and against the plaintiff.
Appellant Aleman in his brief filed in this court has not questioned the validity of the judgment against him, so the judgment in favor of the defendants and against plaintiff Aleman in the trial court in Cause No. 72-2152 must be affirmed.
On June 10, 1974, in a suit styled "Mexican-American Society of Fairmont City, Illinois, an Illinois Corporation v. Mexican-American Club, Inc., a corporation," trial court No. 74 L 892, the plaintiff claimed that it was a nonprofit organization first organized in August of 1941, that the defendant was a business corporation incorporated on June 10, 1968; that plaintiff was the owner in fee of certain premises.
Plaintiff further alleged that on June 10, 1968, the defendant wrongfully entered the above premises and has withheld and continues to withhold possession of said property from plaintiff, claiming a title interest in the property.
Defendant filed a motion to dismiss, claiming the plaintiff lacked legal capacity to sue because the plaintiff was dissolved as a general not-for-profit corporation on May 29, 1969. Attached to the motion was a certificate of dissolution signed by the Secretary of State.
In answer to defendant's motion plaintiff filed a certified copy of a judgment order of the circuit court of St. Clair County canceling the articles of dissolution of plaintiff and reinstating the plaintiff to corporate status. The judgment ordered the Secretary of State to expunge from his office the articles of dissolution and to "do such other things as are necessary" to show that the plaintiff is a duly organized and existing corporation.
The suit from which this judgment emanated was styled "Mexican-American Society of Fairmont City, Illinois, Juan Cisneros and Abraham Aleman v. Secretary of State of Illinois," No. 73 MR 2453. Plaintiffs in this action were Juan Cisneros, Abraham Aleman, and the Mexican-American Society of Fairmont City. Both of these individuals were founding members of the Society, and members in good standing at the time of the reorganization to the business corporation. Both received stock in the Mexican-American Club, Inc., in exchange for their interest in the defendant not-for-profit corporation.
The defendant was the Secretary of State of Illinois. The nature of this action was to vacate the articles of dissolution of the Society filed in 1969 and reinstate the Society. It is important to note that neither the Mexican-American Club, Inc., nor any of its incorporators were parties to this suit. The Secretary of State entered a consent to judgment and the court ordered the articles of dissolution cancelled.
In finding in favor of the defendant in case No. 74 L 892 the trial court found:
"8. The second suit, No. 74 L 892, was filed by Mexican-American Society of Fairmont City, Illinois, an alleged Illinois not-for-profit corporation.
9. By appropriate affirmative defense in its responsive pleading, defendant, Mexican-American Club, Inc., challenged the legal capacity of Mexican-American Society of Fairmont City, Illinois to bring and maintain this suit, alleging that said not-for-profit corporation had been dissolved.
10. The Court finds that said not-for-profit corporation was duly dissolved by the Secretary of State of Illinois in 1969; the Court further finds that an attempt was made by certain individuals, Juan Cisneros and Abraham Aleman, proporting (sic) to act for and on behalf of Mexican-American Society of Fairmont City, Illinois, during the period subsequent to the filing of the first suit herein, No. 72-2152, and the filing of the second suit, No. 74-L-892, filed a suit in this Court docketed as No. 73-MR-2453, against the Secretary of State of Illinois, as defendant, in which said cause a proported (sic) judgment was entered on September 10, 1973 ordering that the Articles of Dissolution of the not-for-profit corporation, Mexican-American Society of Fairmont City, Illinois, filed on or about May 29, 1969 be cancelled upon the filing of annual reports and payment of fees.
11. No notice of the pendency of said suit or the hearing resulting in the judgment of September 10, 1973 was given to any of the defendants in this cause.
12. The Court finds that there is no express authority or power granted in the Illinois General Not-For-Profit Act conferring authority in the courts> of Illinois to order reinstatement of a not-for-profit corporation and the courts> do not have any general powers with respect to corporations, which are creatures of the legislature.
13. The Court was without jurisdiction of the subject matter in the cause docketed herein as 73 MR 2453 to enter the judgment ordering the Secretary of State to vacate or cancel the Certificate of Dissolution and said judgment is therefore null, void and of no force and effect.
14. Mexican-American Society of Fairmont City, Illinois did not exist as a not-for-profit corporation in 1974 and had or has no legal capacity to bring or maintain the suit docketed as 74 L 892."
The judgment entered by the trial court in case No. 73 MR 2453 was a consent judgment. A consent judgment is defined in 49 C.J.S. Judgments § 173, at 308 (1947):
"A judgment by consent of the parties is a judgment the provisions and terms of which are settled and agreed to by the parties to the action in which it is entered, and which is entered of record by the consent and sanction of the court; it may be more briefly defined as a contract of the parties acknowledged in open court and ordered to be recorded, an agreement of the parties entered of record with the approval of a court of competent jurisdiction, or a solemn contract or judgment of the parties put on file with the sanction and permission of the court. A consent judgment is not a judicial determination of any litigated right, and it is not the judgment of the court, except in the sense that the court allows it to go upon the record and have the force and effect of a judgment; it is merely the act of the parties consented to by the court."
• 1 The judgment of the trial court in case No. 73 MR 2453 shows on its face that it was a consent decree. It was binding only on those who consented to its entry. It could not operate as an adjudication or be pleaded or shown in bar of any subsequent proceedings involving parties who were not privy to the agreement. This decree was not procured for the purpose of securing a true adjudication. Its purpose was to use the court as a means to an end. It was an attempt to deny real parties in interest their rights by failing to join them in the proceeding. Had all of the facts been brought to the attention of the trial court, it would have never entered the judgment.
Much of what was said in Freasman v. Smith, 379 Ill. 79, applies to this case:
"That decree is most unusual. It is a monstrosity on its face. The record justifies the conclusion that in procuring the entry of that decree the court was not used for the purpose of obtaining a judicial pronouncement. It was resorted to only as a convenience and as a means to an end. The decree first establishes the instrument as the last will of the testator and then decrees that nothing shall pass under it, but that the entire estate shall descend to his heirs-at-law, as intestate property. It was an abortive attempt to bar the admission to probate of any other will of the testator on petition of others who were not parties to the suit. Undoubtedly its provisions were never disclosed to the court. When these provisions, from which its purposes clearly appear, were brought to the attention of the court in any manner, the court, for its own protection, and for the maintenance of its own proper dignity, should have set it aside on its own motion.
The court could not, however, vacate the decree on motion of appellant. His rights were in nowise prejudiced or injuriously affected by its entry. It shows on its face that it was a consent decree. It was binding only on those who consented to its entry. It could not operate as an adjudication or be pleaded or shown in bar of any subsequent proceedings for the probate of another will shown to have been properly executed by the deceased. For such purpose it was an absolute nullity and without force and effect.
The record in this case shows that at the time the decree of December 2 was entered, there were no issues before the court. There was no contest. The court had no power to enter a decree in the form of that decree, except with the consent of the parties. Obviously the court could not enter a decree establishing the instrument as the last will and testament of the deceased and by the same decree direct that the entire estate descend as intestate property and not under the will. Such a decree could only be entered by consent. * * *
In People ex rel. Graff v. Chicago, Burlington and Quincy Railroad Co., 247 Ill. 349, the court said: `To bring a case within the rule that a former judgment is res judicata of the cause of action it must appear that such former adjudication was upon a matter contested between the parties, * * * and if a suit is devised for the purpose of having a certain judgment entered, it will not be binding upon the public or those who are not parties to the scheme adopted for that purpose.'
It follows that the decree of December 2 having been entered as a consent decree, it in no way prejudiced or injuriously affected the rights of appellant. He was neither a party nor privy to any party to that suit. It was not a decree pronounced by the court in the exercise of judicial function, but was only a contract between the parties to it. It is wholly ineffective as to all persons not parties to it. As to appellant, it was not an adjudication and he is not in any sense affected by it." 379 Ill. 79, 86-88.
We have carefully considered the finding of the trial court that the court in case No. 73 MR 2453 was without jurisdiction of the subject matter. However, we do not pass on that finding because the judgment in that case would have been totally ineffective as to the appellees in this case even if the trial court erred in its finding. Accordingly, the judgment of the circuit court of St. Clair County is affirmed.
EBERSPACHER and JONES, JJ., concur.
• 2 The validity of the quitclaim deeds referred to in the petition for rehearing were not challenged in the trial court. There were no findings or conclusions by the trial court with respect to their validity and therefore this is not a proper issue to raise in this court. In addition, plaintiffs have no standing in the trial court or in this court to litigate that issue.
The petition for rehearing is denied.
JONES and EBERSPACHER, JJ., concur.
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Annmarie Moroni, our September luncheon host, shows off her Super Bowl ring at our super Skal event at Gillette Stadium! We had a great day at the stadium getting ready for the season opener as we enjoyed delicious food, pictures with Pat Patriot, autographs from our special guest Joe Andruzzi, special stadium tours and more!]]>
Facebook: https://www.facebook.com/skalboston/
Tiwtter: @SkalBoston
Instagram: @BostonSkal
Our own Holly Powers was elected as Vice President Administration. With a potential of 58 votes cast, Holly received 46 votes and her opponent 11 with and one abstention. Skal Boston has never had a member become a member of the SIUSA Executive Committee.
The election results are as follows and this new slate of officers will assume their positions on Thursday, January 7 at the SIUSA Winter Board Meeting in Louisville, KY.
Executive Committee
President John Mavros, SI Orange County
Vice President Administration Holly Powers, SI Boston
Vice President Finance Alton Hagen, SIl Kansas City
Skal International Councillor Cyndi Golden, SI Ft Worth
SIUSA Board
Vice President Region I Jim Dwyer, SI Northern NJ
Vice President Region III Dave Ryan, SI Sacramento
Vice President Region V Klaus Billep, SI Los Angeles
Auditor Anita Peck, SI Albany
Remaining on the Board
Vice President Region IV Burcin Turkkan, SI Atlanta
Vice President Region II Tim Hemphill, SI New Orleans
Sr. Auditor Arthur Allis, SI Tucson
Congratulations to our SIUSA Executive Committee and Board
Peter Popagelis, Top of the Hub General Manager welcomed our members and proposed the Skal Toast.
President Julie Pagano asked for a moment of silence to recognize those killed and injured in the terror attacks in Parish and she asked Serge Denis to give the Skal Toast in French. A message of condolence was sent to the President of Skal Paris, who warmly responded.
Raffle tickets were sold out and many guests enjoyed the wonderful prizes that were drawn and Past President, Bob Lawler, our resident auctioneer, auction off a wonderful travel package.
Holiday Party Chairman extraordinaire and event host, David Colella announced a few of the package that would be raffled at our Holiday fundraiser. This years charity will be the Fisher House, which accommodates families of wounded soldiers. He instructed members not to dis guard their losing raffle ticket but keep them and bring them to the Holiday Luncheon as the first prize to be raffled will be from the losing November tickets. Let is see how many members were listening!
A great time was had by all! See you in December!


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filed: March 28, 1989.
COMMONWEALTH OF PENNSYLVANIAv.DENNIS LATSHAW, APPELLANT
Appeal from Judgment of Sentence March 17, 1988, in the Court of Common Please of York County, Criminal, No. 176 SCA 1987.
Samuel K. Gates, York, for appellant.
Mark A. Bellavia, Assistant District Attorney, York, for Com., appellee.
Wieand, Olszewski and Tamilia, JJ.
[ 382 Pa. Super. Page 576]
This is an appeal from a judgment of sentence after appellant was convicted for a violation of § 3743(a) of the Motor Vehicle Code.*fn1 Appellant presents one issue for review: whether the trial court erred in its determination that appellant had violated § 3743 where the Commonwealth's witness refused to take the information offered by appellant. We reverse.
On June 26, 1987, appellant and Mrs. Judith Kessler were involved in an automobile accident. Appellant's vehicle sustained minor damage; the damage, however, to Mrs. Kessler's vehicle was substantial. After the accident, appellant offered to exchange licenses and insurance information. Mrs. Kessler declined the offer and walked into a nearby bakery to call her husband. According to Mrs. Kessler, she wanted to speak with her husband to determine what information she would need, although it is unclear from the record whether this intention was made known to appellant. When Mrs. Kessler returned to the accident scene, appellant was gone. No information had been exchanged.
After speaking to a police officer regarding the accident, Mrs. Kessler left the scene to return home. While driving, Mrs. Kessler noticed appellant's van parked near a high
[ 382 Pa. Super. Page 577]
school. After taking his license number, Mrs. Kessler called the police. Subsequently, appellant was issued a traffic citation.
At a hearing before a magistrate on July 29, 1987, appellant was found guilty of violating § 3743 of the Motor Vehicle Code. This conviction was subsequently upheld by the Court of Common Pleas of York County on November 25, 1987. Post-trial motions were denied. Appellant then filed the instant appeal.
Appellant raises one issue for our review: whether the trial court erred in its determination that appellant violated § 3743(a) where the Commonwealth's witness refused to take the information offered by appellant. According to appellant, the fact that Mrs. Kessler refused to accept his offer of information prior to consulting with her husband precludes a finding of guilt. In short, appellant argues that by offering the information to the witness, he has substantially complied with § 3743(a).
In its opinion, the trial court counters that § 3743, being a criminal statute, is to be strictly construed. Pointing to the specific language of § 3743, and by incorporation § 3744, the trial court reasoned that an individual involved in an accident with another must, regardless of whether there has been a request, provide his name, address, and vehicle registration number before leaving the scene. In the case at bar, according to the trial court, no facts were introduced at trial which would indicate that appellant gave the required information to Mrs. Kessler. For this reason, the trial court determined that appellant was guilty. We disagree.
Other courts in this state have had the opportunity to interpret § 3743 and § 3744 and their predecessor 75 P.S. § 1027. In Commonwealth, Dept. of Trans. v. Stamoolis, 6 Pa. Commw. 617, 297 A.2d 532 (1972), our Commonwealth Court determined that § 1027 was aimed at hit-and-run drivers who attempt to flee the scene of an accident in which they have been involved without making known their identity, in an effort to avoid criminal and civil liability.
[ 382 Pa. Super. Page 578]
Therefore, in situations where such was not the case, the Court stated that § 1027 should not be so narrowly and technically interpreted so as to reach an absurd result. Id. at 620, 297 A.2d at 534. In short, the Court concluded that a finding of innocence would be warranted where a defendant was in substantial compliance with the statute. Id.
In Commonwealth v. Gosnell, 327 Pa. Super. 465, 476 A.2d 46 (1984), a panel of this Court was faced with the issue of whether a defendant properly identified himself pursuant to § 3742(a) of the Motor Vehicle Code, and by incorporation § 3744. There, the defendant, while driving along a poorly lit road struck what he believed to be a pothole. After traveling approximately three blocks, he returned to investigate, finding the victim lying on the road. He then phoned the police and, upon their arrival, gave his name, address, and phone number and assisted the police and paramedics in the victim's care. He did not tell the police that he suspected that he may have hit the victim; approximately seven hours later, however, he returned to the police and told them of his suspicion. Reaffirming the analysis set forth in Stamoolis, our Court reversed the conviction of the defendant. The Court refused to apply a strict interpretation of § 3744 to the specific facts of the case, reasoning that the defendant's actions were in substantial compliance with the statute. This reasoning is equally applicable to the case at bar.
In the present case, both parties to the accident agree as to certain facts. First, both agree that shortly after the accident, Mrs. Kessler told appellant that she believed she was the one at fault. Second, it is undisputed that appellant made an offer to exchange licenses and insurance information and Mrs. Kessler refused. Exactly why she refused is unclear from the record. Mrs. Kessler claims she wanted to talk to her husband to see exactly what information she would need. The witness was not sure, however, whether she made this intention known to appellant, or had indicated that she wished him to remain at the scene. Faced with these facts, the trial court chose to apply
[ 382 Pa. Super. Page 579]
a strict interpretation of the statute and held that appellant's guilt was based solely on the fact that no identification information had been exchanged. We find this to be error.
We are not here faced with a situation in which a hit-and-run driver sought to avoid criminal or civil liability. Appellant, though not revealing his identity, did offer to show the witness his driver's license and insurance information. Mrs. Kessler had the choice of whether to accept it or refuse. She chose the latter. The mere fact that she may have later regretted her decision has no bearing on the result of this case. We hold, therefore, that under the facts of the present situation appellant has substantially complied with the provisions of § 3743, and by incorporation § 3744, so as to preclude a finding of guilt. Accordingly, we have no alternative but to reverse the judgment of the trial court.
Judgment of sentence reversed. Appellant is discharged. Jurisdiction is relinquished.
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New Jersey Superior Court, Law Division
Decided: December 23, 1970.
MARILYN EXUM, PLAINTIFF,v.WILSON MARROW AND MARILYN MC NAIR, DEFENDANTS
Crane, A.j.s.c.
[112 NJSuper Page 572]
This is an action to recover for personal injuries plaintiff claims to have received while she was a passenger in an automobile operated by defendant Marilyn L. McNair which allegedly collided with an automobile operated by defendant Wilson Marrow.
Since he was not insured, the Unsatisfied Claim and Judgment Fund of the State of New Jersey (hereinafter called the Fund) filed an answer on behalf of Marrow. The Fund now moves for an order declaring that plaintiff is barred from recovering against the Fund because of the existence of an uninsured motorist coverage endorsement in a policy of insurance issued to defendant McNair by Home Indemnity Company. The endorsement provides in part as follows:
UNINSURED MOTORISTS COVERAGE (Damages for Bodily Injury and Property Damage Caused by Uninsured Highway Vehicles)
The Company will pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured highway vehicle because of bodily injury or property damage, caused by accident and arising out of the ownership, maintenance or use of such uninsured highway vehicle; provided, for the purposes of this coverage, determination as to whether the insured or such representative is legally entitled to recover such damages, and if so the amount thereof, shall be made by agreement between the insured or such representative and the company or, if they fail to agree, by arbitration.
Each of the following is an insured under this insurance to the extent set forth below:
[112 NJSuper Page 573]
(a) the named insured and any designated insured and, while residents of the same household, the spouse and relatives of either;
(b) any other person while occupying an insured highway vehicle; * * *
The Motor Vehicle Security Responsibility Law, N.J.S.A. 39:6-23 et seq. , established a system to provide compensation for damages caused by the operation of uninsured motor vehicles. Among other things, the statute created the Fund, N.J.S.A. 39:6-63, and defined the class of persons ("qualified person") who may make application for payment from the Fund. N.J.S.A. 39:6-62.
The kind of coverage provided for in the endorsement issued to defendant McNair is relatively new in New Jersey. Such coverage is permitted to be included in policies of automobile liability insurance by a recent amendment (effective January 2, 1969) of N.J.S.A. 17:28-1 in the following language:
N.J.S.A. 39:6-70(l) requires an applicant for payment from the Fund to show that he is not acting on behalf of an insurer. This subsection, however, is directed to situations in which there exists a policy of insurance "whereby the insurer is liable to pay, in whole or in part, the amount of the judgment." It has no applicability to this case since the policy in question does not undertake to pay a judgment. It undertakes to pay only such sums as have been determined by agreement or by arbitration. Feliciano v. Oglesby , 102 N.J. Super. 378, 388 (Law Div. 1968).
[112 NJSuper Page 574]
Since the decision in the Feliciano case, N.J.S.A. 39:6-62 was amended (effective January 2, 1969) to exclude from the definition of "qualified person" one who "is an insured under a policy provision providing coverage for damages sustained by the insured as a result of the operation of an uninsured motor vehicle in a form authorized to be included in automobile liability policies * * * or issued for delivery in this State, pursuant to the provisions of, or any supplement to, chapter 28 of Title 17 of the Revised Statutes (17:28-1 et seq.) or in a form substantially similar thereto."
It appears to have been the plain intendment of the amendments of N.J.S.A. 39:6-62 and N.J.S.A. 17:28-1 to relieve the Fund of some of the financial burdens relating to claims against uninsured motorists. The device chosen was to permit the issuance of uninsured motorists coverage endorsements of the kind encountered in this case.
Plaintiff argues that there are significant differences in the benefits obtainable from the Fund as compared with those provided for under the uninsured motorists coverage endorsement. Specifically, she complains that because of the fortuitous fact that the owner of the vehicle in which she was riding obtained a policy containing an uninsured motorists coverage endorsement she is deprived of an opportunity to have her damages assessed by a jury as compared to agreement with an insurer or failing that, compulsory arbitration which is the method provided under the endorsement. It is argued that enactment of the amendment to N.J.S.A. 39:6-62 has created two classes of persons without a reasonable basis and has thus violated the due process and equal protection clauses of the United States Constitution. U.S. Const., Amend. XIV.
The issue of constitutionality of a statute is approached with a view to the well-recognized presumption of validity, WHYY, Inc. v. Glassboro , 50 N.J. 6, 13 (1967), and the principle that a legislative act will not be declared void unless its repugnancy to the Constitution is
[112 NJSuper Page 575]
clear beyond a reasonable doubt. Gangemi v. Berry , 25 N.J. 1, 10 (1957). Fundamentally, the constitutional requirement of equal protection is that persons within a class be treated in a like or similar manner. Guill v. Mayor, etc. Hoboken , 21 N.J. 574 (1956). However, neither "abstract symmetry" nor "mathematical nicety" is required. Lindsley v. Natural Carbonic Gas Co. , 220 U.S. 61, 78-82, 31 S. Ct. 337, 55 L. Ed. 369 (1911).
The legislative purpose in establishing the Fund was to provide a measure of relief to persons who sustain losses or injury inflicted by financially irresponsible or unidentified operators of motor vehicles, where such persons would otherwise be remediless. Corrigan v. Gassert , 27 N.J. 227 (1958), Dixon v. Gassert , 26 N.J. 1 (1958). Undoubtedly the Legislature intended to exclude persons who have other remedies available. Licata v. Lutz , 48 N.J. 255 (1966). The legislation under consideration, namely, the amendment to N.J.S.A. 39:6-62, has a similar purpose.
Plaintiff understandably does not claim that she is deprived of a right to trial by jury. She may, of course, if she chooses, pursue the uninsured defendant personally in this litigation. Whether a judgment against Marrow would be collectible is difficult to say. The Motor Vehicle Security Responsibility Law has never interfered with a plaintiff's right to proceed to judgment against an uninsured driver. But insofar as the Fund is concerned, since plaintiff has a means available (i.e. , the endorsement) to recover for her injuries, she is barred from pursuing the Fund. While there may be significant differences in the procedure by which the amounts legally due are determined, it does not follow necessarily that the Legislature has created an unreasonable class. Every classification may produce some degree of inequality; in order, however, to be declared violative of the equal protection clause of the Fourteenth Amendment, the legislation must be actually and palpably unreasonable and arbitrary. Jamouneau v. Harner , 16 N.J. 500, 520 (1954). If the classification has a rational relation
[112 NJSuper Page 576]
to some policy consideration relating to the common welfare, it will satisfy the constitutional test. Guill v. Mayor, etc., Hoboken, supra. The legislation, N.J.S.A. 39:6-23 et seq. , as a whole, including the amendment to N.J.S.A. 39:6-62, carries out a rational and reasonable legislative scheme. Classifying those who do have available means of recovering for losses and injuries as ineligible to recover from the Fund, and those who do not have such means as eligible, is not an unreasonable classification in the constitutional sense.
Plaintiff thus falls within that class of persons whom the Legislature intended to bar from recovery against the Fund. The motion will be granted.
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May 16, 2006
FELIPE ROBLES VASQUEZ P/K/A RALDY VASQUEZ AND CAMPESINO MUSIC ENTERTAINMENT GROUP, INC., PLAINTIFFS,v.FERNANDO TORRES NEGRON, TAMARA SOSA-PASCUAL AND JULIO DE LA ROSA-RIVE, DEFENDANTS.
The complaint in this action alleges that plaintiff Vasquez composed the words and music to a musical composition entitled Nena Linda in 1992; that Vasquez properly registered his copyright in Nena Linda with the United States Copyright Office and received Certificate of Registration of Copyright PA-1-267-305, which includes, inter alia, Nena Linda. He sues defendant Fernando Torres Negron for copyright infringement on that copyright via a song entitled Noche de Fiesta, which he composed and registered with the copyright office, and for which he received Certificate of Registration No. Pau 2-624-261. Specifically, plaintiff alleges that the rhythm and music of Noche de Fiesta was based on Nena Linda. Indeed, he alleges that Torres Negron was asked by someone named Ruben Canuclas to compose words to the tune and rhythm of a song on a cassette tape, which song plaintiff believes was Nena Linda. Vasquez and Campesino Music, the exclusive world wide administrator of the musical composition and sound recording of Nena Linda, have sued Torres Negron -- a resident of Puerto Rico who has never left that island -- for copyright infringement. He seeks to annul the certificate of copyright registration for Noche de Fiesta, and to recover royalties paid to Torres Negron for that song.
Torres Negron seeks dismissal of the complaint on the grounds that the court lacks personal jurisdiction over him (Fed. R. Civ. P. 12(b)(2)), that venue in this district is improper (Fed. R. Civ. P. 12(b)(3)), and that the complaint fails to state a cause of action (Fed. R. Civ. P. 12(b)(6)).
For the reasons stated below, the motion is denied on all grounds.
1. Motion to Dismiss for Lack of Personal Jurisdiction (Rule 12(b)(2))
Torres Negron avers that he has never been in New York and has no contacts with the state that whatever.
With one exception, plaintiff does not contend otherwise. The one exception, which is the subject of allegations in the pleadings, is this: plaintiff alleges that Torres Negron is doing business in New York through an agent. Torres Negron is a member of ASCAP, which is located in New York City, and uses ASCAP as its agent for the collection of royalties. Plaintiff attaches to his opposition to the motion to dismiss a copy of a 1994 agreement between Torres Negron and ASCAP, which relates specifically to Noche de Fiesta, and which grants ASCAP a non-exclusive right of public performance in Noche de Fiesta. This permits ASCAP to license performances of Noche de Fiesta and to collect royalties on those performances and remit them to Torres Negron.
The question is whether Torres Negron's use of ASCAP, in New York, to license performances of and collect royalties on his song is sufficient to subject him to the in personam jurisdiction of this court.
The governing statute, CPLR 302(a), is New York's long-arm statute. It provides:
(a) Acts which are the basis of jurisdiction. As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent:
(1) transacts any business within the state or contracts anywhere to supply goods or services in the state; or
(2) commits a tortious act within the state, except as to a cause of action for defamation or character arising from the act; or
(3) commits a tortious act without the state causing injury to person or property within the state, except as to a cause of action for defamation of character arising from the act, if he (i) regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state, or (ii) expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce; . .
This statute must be read against the Fourteenth Amendment's Due Process Clause, which permits a state to exercise personal jurisdiction over a non-resident defendant if that defendant has "certain minimum contacts [with the state]. . . such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice." Calder v. Jones, 465 U.S. 783 (1984) (internal citations and quotation marks omitted). The plaintiff must also show that the defendant purposefully availed himself of the privilege of doing business in the forum state, so that the defendant could foresee being haled into court in that state. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297 (1980). Because CPLR 302 does not reach as far as the constitution permits, if a defendant is amenable to long-arm jurisdiction in New York, the constitutional standard is satisfied. Firma Melodiya v. ZYX Music GMBH, No. 94 Civ. 6798, 1995 WL 28493, *3 (S.D.N.Y. Jan. 25, 1995).
To defeat the motion to dismiss for lack of personal jurisdiction, plaintiff need only make a prima facie showing that jurisdiction exists. Hoffritz for Cutlery, Inc, v. Amajac, Ltd., 763 F.2d 55, 57 (2d Cir. 1985).
Plaintiff alleges that Torres Negron is transacting business in New York by virtue of his exploitation of Noche de Fiesta through the medium of his contract partner, ASCAP. In the Firma Melodiya case cited above, Judge Chin of this court concluded that granting a license to a third party to exploit recordings in the US and marketing of recordings in New York was sufficient to confer in personam jurisdiction under the long-arm statute's "transacting business" test. Id. In fact, a quarter century ago, this court held in Greenky v. Irving Music, Inc., No. 80 Civ. 2776, 1981 WL 1370 (S.D.N.Y. July 13, 1981), that a music licensing agreement between BMI and a non-domiciliary was sufficient to establish personal jurisdiction in New York in a copyright infringement action, because the claim of copyright infringement arose out of the licensing contract. This is true regardless of where the license was executed. Firma Melodiya, supra, 1995 WL 28493 at 2.
The situation is no different here. Plaintiff alleges that Torres Negron has a contract with ASCAP, a New York entity, pursuant to which ASCAP licenses the very piece of music that allegedly infringes plaintiff's copyright. As plaintiff points out in his opposition to the motion to dismiss, ASCAP's licensing of Noche de Fiesta "is part of the alleged copyright infringement." Brief at 11-12. Therefore, New York will extend long-arm jurisdiction over Torres Negron in this particular lawsuit pursuant to C.P.L.R. 302(a)(1).
Additionally, by offering to license Noche de Fiesta through ASCAP in New York, Torres Negron has allegedly committed a tort in New York that confers long-arm jurisdiction under C.P.L.R. 302(a)(2). Editorial Musical Latino Americana v. Mar Int'l Records, Inc., 829 F. Supp. 62, 64 (S.D.N.Y. 1993).
Finally, the complaint alleges that plaintiff Campesino Entertainment Group, the entity that is the worldwide administrator of Nena Linda, is located in New York. If Torres Negron is committing copyright infringement, he may be tortiously interfering with Campesino's contract, which would provide yet another basis for long-arm jurisdiction -- C.P.L.R. 302(a)(3) -- as long as Torres Negron reasonably expected that his conduct would have consequences in the state and that he would receive revenue from interstate or international commerce. As was held in Firma Melodiya, supra., 1995 WL 28493 at *4, it is objectively reasonable to expect that ASCAP would exploit Torres Negron's song in New York.
Thus, under all three prongs of the New York long-arm statute, personal jurisdiction attaches.
2. Motion to Dismiss for Improper Venue (Fed. R. Civ. P. 12(b)(3))
For purposes of copyright litigation, venue is proper if in personam jurisdiction is proper.
28 U.S.C. § 1400(a); Meyer v. Sharron, No. 86 Civ. 9291, 1986 WL 8311 (S.D.N.Y. July 24, 1986). Since this court has personal jurisdiction over Torres Negron, venue is proper in this court.
3. Motion to Dismiss for Failure to State a Claim (Fed. R. Civ. P. 12(b)(6))
Defendant seeks dismissal of the complaint for failure to state a cause of action, on the ground that the United States District Court in the District of Puerto Rico has already adjudicated the ownership of copyright in Noche de Fiesta in favor of defendant Torres Negron.
On its face, the complaint states a cause of action. It pleads that the plaintiff composed Nena Linda; that he holds a certificate of registration from the Copyright Office for that song; and that defendant Torres Negron infringed his copyright by writing new words to a melody and rhythm similar or identical to Nena Linda. There is no basis to grant a motion under Rule 12(b)(6).
What defendant is actually doing is moving for summary judgment on the ground of res judicata, not moving to dismiss for failure to state a claim. The basis for that application is a judgment entered by the United States District Court for the District of Puerto Rico in an action brought by Torres Negron against an enterprise called J&N Records. In two consolidated actions (Civ. No. 02-1728 anc 02-1729), a jury answered "yes" to the following question on the verdict form: "Do you find by a preponderance of the evidence that Plaintiff Fernando Torres-Negron was the original author of the lyrics and the music of the song 'Noche de Fiesta?'" (Notice of Motion, Ex. C).
Plaintiff is correct that this document cannot be considered on a Rule 12(b)(6) motion. Moreover, the court would decline to convert the motion to one for summary judgment, because it would inappropriate to do so in this case at this time. The caption of the Puerto Rican action does not list either of the plaintiffs in this case as a party. And as plaintiff correctly points out, the Puerto Rican actions only determined whether some other composition infringed Noche de Fiesta --not whether Noche de Fiesta infringed Nena Linda. It is possible, of course, that the parties defendant in the Puerto Rican actions are united in interest with plaintiff, or that Nena Linda was involved in the Puerto Rican lawsuit, but none of that is apparent on the record before this court.
The Rule 12(b)(6) motion is denied.
The Clerk of the Court is directed to mark the motion to dismiss "denied" and to remove it from the Court's calendar. The parties are directed to appear for a conference as previously scheduled, this Friday, May 19.
This constitutes the decision and order of the court.
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Pecan Nibblers
Total Time
Prep 10 mins
Cook 15 mins
Lovely little appetizers perfect for any holiday or gathering! Great for Easter witha ham dinner!
Ingredients Nutrition
- 2 cups flour
- 1 teaspoon ground cayenne pepper
- 1⁄2 teaspoon salt
- 1 cup butter, softened
- 8 ounces sharp cheddar cheese, shredded
- 1 cup pecans, finely chopped
- 2 teaspoons dill
- Preheat oven to 350°F.
- Combine flour, ground pepper and salt; set aside.
- In a medium bowl, cream butter and cheese.
- Stir in flour mixture, then nuts and dill.
- Roll teaspoons of dough into balls.
- Place on un-greased cookie sheet and bake 15 - 18 minutes.
Most Helpful
These were OK; not quite what I was expecting. Tasted a bit too much like flour. Maybe next time, I will cut back on it just a tad and see how they turn out. I put them in the freezer and will bring them out for the next time my friend is over for wine and appetizers and I'll get a second opinion!


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Trulli Terra Magica Bed and Breakfast Putignano: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Putignano, Italy.
Trulli Terra Magica Bed and Breakfast Putignano is situated in Putignano and offers guests free Wi-Fi. The various facilities this elegant bed & breakfast offers include free bicycle rental, a swimming pool and an outdoor pool.
Hotel description
This rustic bed & breakfast provides luggage storage, an airport shuttle and a playground. Other amenities include a shuttle service, laundry facilities and a safe.
Trulli Terra Magica Bed and Breakfast Putignano has 3 rooms that are fitted with all the necessities to ensure a comfortable stay.
Trulli Terra Magica Bed and Breakfast Putignano offers breakfast every morning that guests can enjoy before heading out to explore the region.
Bari Karol Wojtyla Airport is a 55-minute drive from the bed & breakfast. Those wishing to discover the area are able to visit Alberobello, located an easy car trip from the property.
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Pet Friendly, Air Conditioned, Non-Smoking Rooms, TV
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