text:
This high gloss coffee table is an instantaneous upgrade to your living space interior with its streamlined lines. It can be utilized as a coffee table for a convenient surface to rest your drink or other requirement you need close at hand. The coffee
table features 2 extendable levels on a stationary base. You might move the levels to reveal more space, or fold them back when not needed. It is a best combination of usefulness and style. The table is
manufactured with Medium Density Fibreboard (MDF). It is covered with a resilient High Gloss Lacquer, and is supported by chrome metal feet. It's eco friendly too-- just a clean soft moist cloth needed for maintainance! Assembly is
rather simple.


text:
Αδελφοί Winchester
Winchester brothers
Home. This reallyyyy warmed my heart!! What an amazing end to such an incredible episode!
Sam and Dean Winchester ~ Brothers ~ Supernatural <3
Well they didn't have a proper childhood so they revert back to that stage
So I FINALLY got into watching the supernatural and let's just say for the last 3 days I've watched 4 season and I have no regrets || a ways first supernatural pin thought I should make it look idk, something that says it all I guess ?
The Winchester boys under stress - biting their nails. Oh no. Now I'm going to watch for that... Thanks for breaking me one more time!
"Hush little Sammy, don't say a word, your brother's gonna make sure you don't get hurt."
Dean and Sam hugging (gif) | Supernatural //This episode, this scene....is definitely one of my favorites. It was so sweet. Dean just runs up to Sam and grabs him, pulling him into a big hug.
Sam and Dean sleeping in Baby
It's become a habit, when Sammy was little and he would have a nightmare he would reach for Dean and Dean would be there to comfort him. By being close to one another they know they are safe and loved.--->this makes my heart so happy

subset: commoncrawl


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F1S. 1(1A) substituted by Government of Wales Act 2006 (c. 32) ss. 160(1), Sch. 10 para. 2 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act
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text:
Phone: (289) 320-8250
1238 Dominion Road
Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
"Quattro" Planter Base - Black"Quattro" Planter Base, Black. Made of Plastic, 12 po (30cm).


text:
The Numbers Station 2013 DVDRip XviD-EXViD
Group EXViD released the DVDRip of the 2013 British-American action thriller film "The Numbers Station".
Enjoy! 😉
|Genre: Action, Thriller
Cast: Malin Akerman, John Cusack, Hannah Murray
Runtime: 89 min
Ratings: IMDB: 5.3 (3,240 votes) | RT: 40% (5 reviews)
Samples: one, two, three , video sample
Synopsis: A former black ops agent and the young woman he's assigned to protect fight for survival after a surprise attack.
Trailer for The Numbers Station.
After his latest mission goes disastrously wrong, veteran CIA black ops agent Emerson Kent (John Cusack, 2012) is given one last chance to prove he still has what it takes to do his job. His new assignment: guarding Katherine (Malin Akerman, Watchmen), a code operator at a top-secret remote CIA "Numbers Station" where encrypted messages are sent and received. When an elite team of heavily armed assailants lays siege to the station, Emerson and Katherine suddenly find themselves in a life-or-death struggle against an unknown enemy. With the station compromised and innocent lives at stake, they must stop the deadly plot before it's too late.


text:
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New Jersey Superior Court, Appellate Division
June 30, 1995
GEORGE H. SANDS AND JEFFREY H. SANDS, PLAINTIFFS-APPELLANTS,v.CIGNA PROPERTY AND CASUALTY INSURANCE COMPANY (FORMERLY KNOWN AS AETNA INSURANCE COMPANY), ATLANTIC EMPLOYERS INSURANCE COMPANY, ATLANTIC MUTUAL INSURANCE COMPANIES, FEDERAL INSURANCE COMPANY, CHUBB INSURANCE COMPANY OF NEW JERSEY, CONTINENTAL LOSS ADJUSTING SERVICE, CRUM & FORSTER COMMERCIAL INSURANCE, FIREMAN'S FUND INSURANCE, MISSION INSURANCE COMPANY, RELIANCE INSURANCE COMPANY, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, *FN1 DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Law Division, Somerset County.
Approved for Publication April 15, 1996.
Before Judges Dreier and Villanueva. The opinion of court was delivered by VILLANUEVA, J.A.D.
The opinion of the court was delivered by VILLANUEVA, J.A.D.
Plaintiffs, George Sands and Jeffrey Sands, appeal pursuant to leave granted from a December 2, 1994 order denying plaintiffs' motion for partial summary judgment and granting partial summary judgment in favor of defendant insurance companies. Plaintiffs argue that defendants are obligated to defend them in a federal CERCLA action (Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. § 9601 et seq.) where they have been named as third-party defendants. We reverse and remand for further proceedings.
In February 1991, the United States filed an action against Princeton Gamma Tech, Inc. (PGT) alleging that PGT is liable under CERCLA for response costs and for costs incurred and may be incurred for two superfund sites that are being monitored by the Environmental Protection Agency as well as the New Jersey Department of Environmental Protection. The sites are the Rocky Hill Municipal Wellfield and the Montgomery Township Housing Development. Trichloroethylene (TCE) has been found on each of these sites. In 1983, the sites were placed on the Superfund national priorities list pursuant to CERCLA. On November 4, 1991, plaintiffs, among others, were named as third-party defendants in a third-party complaint filed in the United States District Court for the District of New Jersey in which PGT is seeking contribution with respect to remediation of the environmental contamination. Plaintiffs owned properties operated as a shopping center adjacent to the sites and leased properties over the years to various commercial tenants who allegedly used hazardous substances that contaminated the local water supply with TCE. The underlying federal action is still in the pretrial stages.
Shortly after plaintiffs were named as third-party defendants in the federal action, they placed the defendants on notice of the proceedings. Plaintiffs requested that defendants assume their defense, take responsibility for and share amongst the other insurance carriers the defense costs of the suit, and ultimately be responsible for any response costs and damages that may be incurred in the underlying federal action. In letters to plaintiffs, defendants denied coverage. However, one carrier, Home Insurance Company, agreed to undertake plaintiffs' defense, subject to a reservation of rights.
On September 15, 1992, plaintiffs filed a complaint in the Superior Court of New Jersey seeking a declaration that the primary and excess general liability insurance policies (policies) issued to plaintiffs by the defendant insurance companies provide coverage for plaintiffs' potential liability for payment or contribution to PGT, and that defendants have a duty to defend plaintiffs in the underlying CERCLA action. In the second amended complaint, plaintiffs sought damages for the alleged breach of defendants' contractual duties under their insurance policies with respect to defense costs and actual and potential contribution liabilities.
Plaintiffs moved to compel answers to interrogatories and production requests. Plaintiffs also moved for partial summary judgment seeking a determination that (1) an "occurrence" under the insurance policies written by defendants had taken place based upon the third-party complaint of PGT; (2) plaintiffs are entitled to reimbursement for response costs because such costs are damages under the policies as interpreted in Morton International, Inc. v. General Accident Insurance Co. of America, 134 N.J. 1, 629 A.2d 831 (1993), cert. denied, U.S. , 114 S. Ct. 2764, 129 L. Ed. 2d 878 (1994); and (3) that plaintiffs be allowed to amend their complaint to assert that defendants' conduct in refusing to defend plaintiffs is tortious and a willful breach of contract for which plaintiffs are entitled to compensatory and punitive damages. Plaintiffs argued additionally that defendants were obligated to assume their defense.
Defendants cross-moved for partial summary judgment on the ground that there is no present duty to defend plaintiffs as a policy holders under the policies when there were coverage issues that would not be resolved in the underlying action or when there was a potential for a conflict of interest between the insurer and policy holder.
The trial Judge denied plaintiffs' motions and granted defendants' cross-motion, finding "no underlying duty to defend." The Judge determined that plaintiffs were seeking a ruling as a matter of law that (1) an "occurrence" had taken place under the policies; (2) the contribution sought by the PGT constitutes damages; and (3) defendants breached their duty to defend plaintiffs in the underlying federal action. The Judge's granting of this partial summary judgment in effect made defendants responsible solely to reimburse plaintiffs for their defense costs since the Judge determined that there was no duty to defend until a complete factual record was established.
The Judge interpreted Morton International as requiring that an analysis of expectation and intent be made in the context of all available evidence, and found that plaintiffs must present a "well-developed detailed factual record which could compel a Trial Court to find as a matter of law, that an occurrence has taken place." Rejecting plaintiffs' argument that defendants must exercise due diligence to discover facts to show there is no coverage, the Judge determined that it was plaintiffs' burden to introduce the relevant evidence but he found that they "frankly presented little if any factual evidence which would convince this Court to find that an occurrence has taken place." The Judge determined that plaintiffs' motion for summary judgment on the occurrence issue was premature.
With respect to the issue whether response costs are considered damages under the policies, the Judge was unsure of what plaintiffs were requesting. He therefore determined that because it was not known what amounts plaintiffs were obligated to pay to whom, summary judgment on this issue was also premature and inappropriate.
The Judge then addressed defendants' joint cross-motion for partial summary judgment, concluding that defendants do not have a present duty to defend plaintiffs in the underlying action. Noting that the federal complaint alleged in part that plaintiffs knew or should have known that hazardous substances were being handled, stored or discharged onto their property, the Judge reasoned that there were issues central to the coverage question that would not necessarily be decided in the federal action. The Judge noted that plaintiffs would be benefited by a finding that they acted with no such knowledge.
Finally, the Judge denied plaintiffs' motion to amend their complaint to seek compensatory and punitive damages for willful breach of contract for failure to defend plaintiffs, reasoning that because he ruled in favor of defendants on the underlying issue, he could not justify permitting plaintiffs to amend their complaint.
The Judge erred in two respects. First, he acted prematurely before meaningful discovery was completed. Secondly, he placed the burden on the insured when there was no factual basis asserted by the insurance companies for not defending.
Plaintiffs had substantially identical comprehensive general liability policies issued by defendants. Each of the defendant carriers asserted, amongst other reasons, that the environmental contamination for which plaintiffs sought their defense was not an "occurrence" under plaintiffs' policies. The carriers also asserted that the nature of the damages which plaintiffs might incur, specifically, "response costs to remediate environmental contamination," are not considered as covered "damages" under plaintiffs' policies. The Judge determined that it was too early to determine if there was an "occurrence."
In Morton International, the Supreme Court stated:
Accordingly, we hold that notwithstanding the literal terms of the standard pollution-exclusion clause, that clause will be construed to provide coverage identical with that provided under the prior occurrence-based policy, except that the clause will be interpreted to preclude coverage in cases in which the insured intentionally discharges a known pollutant, irrespective of whether the resulting property damage was intended or expected. We expressly limit our holding concerning the limited effect of the pollution-exclusion clause to cases in which the insured or an agent specifically authorized to act for the insured intentionally discharges a known pollutant.
[ 134 N.J. at 78 (emphasis added).]
To date, the insurance carriers have not come forward with any information which gives them a bona fide reason to believe that plaintiffs knew or should have known of the contamination and which would permit the carriers to refuse to perform their duty to defend in this case. Defendants contend that there were many issues, but these issues would be present in any claim such as this, and such assertions should not be permitted to nullify Morton International's beneficial effects upon insureds. We agree that all of the potential conflicts raised by defendants were illusory.
Herein, contrary to the disqualifying factors in Morton International, there is no evidence that would indicate that plaintiffs were anything other than innocent landowners or that they were responsible for causing or contributing to environmental pollution, and there is no evidence that there was any intentional or knowing contribution by plaintiffs to polluting the sites. Plaintiffs properly note that this is a case that "cries out for the ... holding of Morton International, where the court found a judicial duty to defend, and invoked an estoppel doctrine to prevent the carriers from continuing in an activity which contravenes public policy."
There is nothing to prevent the defendant carriers from continuing diligently to resolve coverage issues. However, since there is no apparent conflict in the record to date, they should not be permitted to turn their duty to defend into a duty to reimburse.
If the trial Judge were correct, then insurers could claim in any case that a trial may develop facts that create a conflict with their policyholders. Fortunately, in this case, a single insurer, Home Insurance Company, agreed to provide plaintiffs with a defense. Had this not happened, plaintiffs would be left to their own resources. In many cases, especially if the insured is an individual, there may be entirely insufficient resources to defend against a CERCLA claim and a party's insurance policy would therefore be a practical nullity. As plaintiffs point out in their reply brief, the effect of the trial court opinion is that where environmental damage is claimed, insurance companies need not do anything until after the insured defends and tries its case. As plaintiffs state, "the Morton International decision requires that the insurance companies defend the insured, not defend against the insured."
The Judge should at least have followed the provisions of R. 4:46-5(a) and continued this motion until the completion of discovery or at least so much of the basic discovery as would shed light upon the actual activities at plaintiffs' various sites. Where there are unresolved questions, an insurance carrier should at least offer a defense subject to a reservation of rights. Therefore, the trial court should have entered a temporary order pending the completion of discovery for defendants to provide a defense to plaintiffs under a reservation of rights.
If the discovery indicates a defense that is not covered by Morton International, then the defendants may withdraw, and plaintiffs will have to assume the further costs of defense. If no such defense to coverage appears, the defense will merely continue at defendants' expense. The Judge placed the onus on the wrong parties. Presumptive coverage should have been assumed and a defense provided unless or until defendants can show that plaintiffs should not be afforded this defense.
The Judge's denial of plaintiffs' motion to amend the complaint is not properly before us because we granted leave to appeal limited to the coverage issue. The Judge however may want to reconsider that decision.
We reverse the granting of defendants' cross-motion for summary judgment and remand for further proceedings.
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10 Best City Centre Hotels in Phuket Town
Most Popular Phuket Town City Centre Hotels
The 10 best city centre hotels in Phuket Town are the most comfortable choices for those who particularly want to enjoy the island's wealth of history and culture. Phuket Town itself has a fantastic range of museums, galleries, quirky restaurants, unique shops and, of course, the famously colourful streets of the historical Old Town. Exploring the town is on the bucket list of most visitors, making these hotels very popular choices.
Choosing from this list of the most popular Phuket Town city centre hotels puts you the shortest possible distance from all of the best bits of this fascinating place. Even the accommodation options here are idiosyncratic, highly varied and have significant historical interest in their own right. This page shows the cream of the crop, ensuring that you have a comfortable and enjoyable stay in Phuket's provincial capital.Read More
- Phuket FantaSea Cultural Theme Park
- Phi Phi Islands Excursion by Speedboat
- James Bond Island Full-Day Tour via Big Boat
- Coral & Racha Islands Full-Day Tour
- Whitewater Rafting & 4-Wheel-Drive Adventure
- Sea Kayaking at Ang Thong Marine Park
- Flying Hanuman Ziplining Experience
- Canoeing Excursion in Phang Nga Bay with Thai Buffet Lunch
- Introduction to City Tour
- John Gray's Cave Canoeing Tour in Phang Nga Bay
Cool ResidencePhuket TownSelect your DatesCheck In:Check Out:0
Cool Residence puts you within a 10-minute drive of Phuket Butterfly Garden and Insect World and Chalong Temple.The outdoor pool is a great spot to take a dip, and guests can grab a bite to eat at Cool Bistro, which serves Thai cuisine and is open for breakfast, lunch, and dinner.Balconies, refrigerators, and room service are offered in all rooms. Read More...2
Baan PhuAnda PhuketPhuket TownSelect your DatesCheck In:Check Out:0
Baan PhuAnda Phuket puts you just a 5-minute drive from Phuket Butterfly Garden and Insect World.You can unwind with a drink at the bar/lounge, and the restaurant is the perfect spot to grab a bite to eat.There's also a snack bar/deli, and rooms at this Colonial hotel offer LCD TVs and refrigerators. Read More...3
Casa Blanca Boutique HotelPhuket TownSelect your DatesCheck In:Check Out:0
Casa Blanca Boutique Hotel is an attractive four-star hotel right in the centre of Phuket Town on Phuket Island east coast.Within walking distance to many of Phuket Town attractions, shopping and entertainment options, Casa Blanca Boutique Hotel is handy for those wanting a break from the sometimes frenetic pace of the island west coast.Accommodation at Casa Blanca Boutique Hotel comprises Superior, Deluxe, and Family Suite categories.Superior Rooms are a compact 25sqm, while Deluxe Rooms are 35sqm with Family Suites (with two king-size beds and a junior bedroom) a spacious 50sqm with garden view. Read More...4
Recenta Express Phuket TownPhuket TownSelect your DatesCheck In:Check Out:0
At Recenta Express Phuket Town, you'll be 3 mi (4.8 km) from Phuket Butterfly Garden and Insect World and 5.7 mi (9.2 km) from Chalong Temple.Guests will have free perks like WiFi and self parking.All rooms feature flat-screen TVs and refrigerators. Read More...5
Sleep at PhuketPhuket TownSelect your DatesCheck In:Check Out:6
The Memory at On On HotelPhuket TownSelect your DatesCheck In:Check Out:0
The Memory at On On Hotel is the oldest hotel in Phuket.It opened in 1929, aiming to accommodate Chinese and European traders as the island main income was thriving from the tin mining industry.This superb Sino-Portuguese building was entirely restored in 2012, and occupies a great position in the heart of Phuket Old Town, the historical district of Phuket City.No less than seven room types are available at On On Hotel, from spotless four- and six-bed dormitories (mixed or female-only) to Superior Rooms to Deluxe Rooms to Suites, all types of budgets are accommodated here.The amenities provided are also outstanding: the dorms have a community room with washing machines, kitchen and satellite television, while all the individual/couples rooms feature a television, mini-bar, electric kettle, and free Wi-Fi. Read More...7
Baan SuwantawePhuket TownSelect your DatesCheck In:Check Out:0
Baan Suwantawe Hotel is a luxury boutique resort style located in the heart of Phuket city next to the 10 rai public park.Our hotel is surrounded by relaxing and privacy atmosphere, every room is furnished with teak wooden and local natural materials.All types of our rooms are well designed to fulfill customer requirement with a wide variety of room type starting from Penthouse, Studio and Studio with private terrace. Read More...8
Blu Monkey Hub and Hotel PhuketPhuket TownSelect your DatesCheck In:Check Out:0
Blu Monkey Hub and Hotel Phuket offers an airport shuttle (available 24 hours) for THB 1000 per vehicle one-way.Guests can grab a bite to eat at the restaurant and visit the fitness center for a workout.An outdoor pool and free bike rentals are offered, and rooms at this upscale hotel get the details right with iPod docks and MP3 docks. Read More...0
Located in the heart of phuket town.You can easily find many local restaurant around the hotel.Hotel located in front of Ocean shopping mall phuket, 2 mins walk to Robinson Department Store and 10 mins to Phuket old town. Read More...10
Sugar Palm ResidencePhuket TownSelect your DatesCheck In:Check Out:0
Sugar Palm Residence, conveniently located in Phuket Town, is a spacious accommodation with modern facilities and easy access to many places of interest in Phuket.It is a ten-minute walk from Chinpracha House, 15-minute walk from Thai Hua Musuem, and a 20-minute walk from Old Phuket Town.Phuket International Airport is a 25-minute drive away from the property.Featuring floor to ceiling windows that overlooks the swimming pool, each guestroom is equipped with air conditioning, sofa, dining and lounge area, as well as a flat screen television with satellite channels while the en suite bathroom is fitted with shower facilities, hairdryer and complimentary toiletries, bathrobes, and slippers. Read More...
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text:
Ian Maxtone-Graham spent 17 years as a writer and executive producer on the legendary, Emmy® Award winning animated series, The Simpsons, and was a writer on the Simpsons Movie. Before that, he spent three years as a writer on Saturday Night Live, where he co-wrote Adam Sandler's "Chanukah Song." Maxtone-Graham has received seven Emmy® awards, three Annie awards and a WGA Award.
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We know we said Evil Bong Month was over but we couldn't pass up the opportunity to speak to one of the stars of the film. Peter Stickles was on a few weeks back but after recently attending an Evil Bong screening and becoming a major part of the event, neither one of us felt like we could pass this up so check in to see what he thought about the film, the event and more!
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Fresh Raspberry Sauce
Total Time
Prep 10 mins
Cook 15 mins
Great over ice-cream or fresh tropical fruit. You can add some cream as well. This recipe also works with other berries or a combination of berries.
Ingredients Nutrition
- 2 lbs raspberries
- 1 tablespoon cornstarch
- 2 teaspoons orange juice or 2 teaspoons lemon juice
- 3 tablespoons sugar
- Puree berries.
- Press through a sieve into a 3 cup measuring glass.
- In an bowl, mix cornstarch with a little juice and set aside.
- Pour the rest of the juice into a heavy saucepan.
- Add sugar and orange or lemon juice.
- Heat slowly to dissolve sugar, stirring.
- Bring to just before it boils and remove.
- Add cornstarch mixture.
- Reduce heat, simmer, stirring for 1-2 minutes until it thickens.
- Cool to room temperature.
- Spoon over your favourite dessert.


text:
Baby Girls White Cotton Jersey Logo Top
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Baby girls white long-sleeved top by Fendi, made with soft cotton jersey. It has pretty gathering on the shoulders adding a feminine look and fastens with poppers to help with dressing. The designer's name is printed on the front in shades of pink and grey.
- Product number 137607
- 100% cotton (soft jersey feel)
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APPEAL from the Circuit Court of Bureau County; the Hon. C.
HOWARD WAMPLER, Judge, presiding.
Rehearing denied February 13, 1979.
Plaintiff, LeRoy Schultz, brought this action against the defendant, Robert Jackson, a farm implement dealer and against the defendant, Driall, Inc., the manufacturer of a grain drier, claiming that each defendant breached express and implied warranties. The jury found in favor of the plaintiff against Driall on a count charging breach of an implied warranty, but against the plaintiff on all other counts. The court entered judgment in favor of the plaintiff against Driall for $29,350, which was reduced by the court to $19,350 because of a credit to which the defendant was entitled.
During the summer of 1974, plaintiff, a farmer, attended the Illinois State fair and observed a grain drier manufactured by the defendant Driall, Inc., of Attica, Indiana. While at the fair, plaintiff discussed the possible purchase of a drier with the Driall representative. On about the 1st of September, a local dealer, Robert Jackson, of Wyoming, Illinois, called on plaintiff resulting in a written contract to purchase a grain drier manufactured by Driall. The drier was delivered to plaintiff's farm and set up during October 1974 and was in operating condition after the electrical connections were made by the electrician on November 2, 1974. Plaintiff used the corn drier to dry small batches of corn on November 2, November 16 and November 19. On each of these dates plaintiff started the drier on manual operation, but when the drier was switched to automatic operation, either the motor stopped or the fuses controlling the motor were blown. After communicating his troubles to defendant Jackson on Saturday, November 23, two representatives from Driall called on plaintiff, made some adjustments on the equipment and also offered further explanations on the proper operation of the drier. At the time the representatives left, the drier was operating on automatic, but later in the afternoon, it stopped. On November 26, 1974, plaintiff again talked to a representative of Driall who recommended an adjustment which did not help. Again on December 5, plaintiff talked with a representative of Driall complaining of the same trouble, but at this point Driall refused to send any serviceman unless plaintiff agreed to pay for the service call. This plaintiff declined to do and on December 23 he delivered the drier to Jackson's premises. It appears that after the drier was delivered to Jackson, Driall changed its mind and offered to send a repairman at its expense, but since the drier was no longer in plaintiff's possession, this offer was not accepted. After this litigation was commenced during the summer of 1975, Jackson sold the drier to another farmer who claimed to have used the drier thereafter without any difficulties. Plaintiff learned of the resale and the apparent purchase price of $10,000, requested that the same be deposited with the clerk of the court to abide the resolution of the litigation and it is this $10,000 which was credited on the judgment.
At the time that Jackson delivered the drier to plaintiff on October 14, he also delivered to plaintiff the owner's manual. The first page of the owner's manual was the express warranty made by Driall. It was as follows:
The manufacturer warrants the mechanical parts of DriALL driers against defective material and workmanship for a period of one year from delivery date and agrees to repair or replace (at its option) such defective parts F.O.B., Attica, Indiana.
All electrical parts are warranted to the extent of the warranty provided by the respective manufacturers of each electrical part.
This warranty is made in lieu of all other warranties, either expressed or implied and the manufacturer shall in no event be liable for any warranty expressed or implied beyond the repair or replacement of the defective parts. This warranty to repair or replace these defective parts shall cease if the equipment has been altered or the equipment is not operated in accordance with the instructions or if the temperature controls are disregarded or not used."
The plaintiff read the warranty, understood the conditions, and also read the remainder of the manual concerning the operation of the drier.
The plaintiff claimed damages for $12,000, the cost of the drier, approximately $17,000 for corn which spoiled or which could not be picked until too late in the season and an additional $3,000 for a storage bin purchased to be used with the particular drier. The jury's verdict of $29,350 represented all of the damages claimed by the plaintiff except for the amount of the storage bin.
Plaintiff's complaint consists of four counts. Count I was directed against the defendant, Jackson, and was for breach of the express warranty as specified in the owner's manual. Count II is directed against the defendant, Jackson, and is based on an alleged implied warranty on the part of Jackson at the time of said sale that said drier was fit for the particular purpose for which it was intended. Count III is addressed against the defendant, Driall, and is based on the breach of the express warranty contained in the owner's manual. Count IV is directed against Driall and is based on an alleged implied warranty of fitness for a particular purpose for which it was intended. The express warranty referred to in counts I and III is the same warranty contained in the owner's manual which is quoted at length earlier in this opinion. Defendants Jackson and Driall admitted the express warranty was contained in the owner's manual delivered to Schultz, but denied the warranty had been breached. They also claimed in their answer that the specific terms of the written express warranty excluded any implied warranties.
As indicated earlier, the jury found in favor of the plaintiff and against the defendant Driall on count IV of the complaint which charged breach of an implied warranty, but against the plaintiff on all other counts. Driall has appealed from the judgment against them. Plaintiff has cross-appealed with respect to the judgment against him on count II which alleged Jackson breached an implied warranty. The cross-appeal by plaintiff is a contingent appeal to be considered only if this court determines that the judgment against Driall is erroneous. No cross-appeals have been filed by the plaintiff from the adverse judgment on counts I and III based on a breach of an express warranty.
Counts II and IV, charging breach of an implied warranty respectively against Jackson and Driall, referred to breach of the implied warranty of fitness for a particular purpose. The trial court appears to have held the evidence did not support the existence of such an implied warranty, but further held there was evidence sufficient to support a breach of the implied warranty of merchantability and that such implied warranty was not disclaimed by the terms of the warranty provisions including the express warranty. Accordingly, over the objection of the defendant, the trial court gave burden of proof and issues instructions relating only to the breach of an implied warranty of merchantability. A review of the record and the brief of the plaintiff reveals some confusion on the plaintiff's part concerning the differences between an implied warranty of merchantability and one for fitness for a particular purpose.
On this appeal defendant Driall makes several assignments of error; first, the court erred in submitting any issue concerning the implied warranty of merchantability to the jury because any such warranty was excluded in the written warranty; second, the court erred in submitting the issue based on implied warranty of merchantability to the jury because it was not supported by the evidence, and third, the court erred in approving the damage instruction including consequential damages.
Section 2-316 of the Uniform Commercial Code (Ill. Rev. Stat 1975, ch. 26, par. 2-316) permits negation of warranties provided such limitations comply with other sections of the Act. Subsection 2 of the aforementioned statute provides:
"* * * to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that `There are no warranties which extend beyond the description on the face hereof'."
1 Whether the warranty disclaimed the existence of any implied warranties and particularly the warranty of merchantability depends initially on the language of the disclaimer and secondarily on the conspicuousness of such language. To disclaim the implied warranty of merchantability the language of the disclaimer must mention merchantability. The official comment to section 316 of the Code adopted by the drafters (Ill. Ann. Stat., ch. 26, par. 2-316, Uniform Commercial Code Comment, at 255 (Smith-Hurd 1963)) provides:
"3. Disclaimer of the implied warranty of merchantability is permitted under subsection (2), but with the safeguard that such disclaimers must mention merchantability * * *.
4. Unlike the implied warranty of merchantability, implied warranties of fitness for a particular purpose may be excluded by general language * * *."
As is evident from the foregoing commentary, unless the word "merchantability" appears in a written disclaimer, the implied warranty of merchantability survives the language of disclaimer. (Overland Bond & Investment Corp. v. Howard (1972), 9 Ill. App.3d 348, 292 N.E.2d 168.) Since language in the "WARRANTY" did not include "merchantability", as a matter of law, the implied warranty of merchantability was not disclaimed. See also Annot., 73 A.L.R.3d 248, § 18 (1976).
2 We turn next to the question of consequential damages. Section 2-316(4) of the Code (Ill. Rev. Stat. 1975, ch. 26, par. 2-316(4)) allows remedies for the warranty of merchantability to be limited in accordance with sections 2-718 and 2-719 of the Code. (Ill. Rev. Stat. 1975, ch. 26, pars. 2-718, 2-719.) Section 2-719(1) allows the agreement to limit the measure of damages recoverable to repair and replacement of nonconforming goods or parts. Paragraph (b) indicates that a remedy provided by the agreement is optional unless the remedy is agreed to be exclusive. As indicated in the Illinois Code Comment to this section (Ill. Ann. Stat., ch. 26, par. 2-719, Illinois Code Comment, at 602 (Smith-Hurd 1963)), paragraph (b) creates the presumption that clauses describing remedies are cumulative rather than exclusive. Here, the agreement provides "the manufacturer shall in no event be liable for any warranty express or implied beyond the repair or replacement of the defective parts." While this portion of the agreement is not a model of draftsmanship, we believe this language is sufficient to rebut the presumption that remedies stated in the contract are cumulative to those contained in the Code. By virtue of the foregoing exclusion, the plaintiff's sole remedy is repair or replacement of defective parts. Because of this contractual limitation, the trial court erred in submitting to the jury any question of consequential damages.
3 From the record it appears that Jackson secured court approval and approval of the plaintiff to sell the drier to a third person for $10,000. This amount was deposited with the clerk of the court and then paid to plaintiff. During the course of the trial it appears that the drier was actually resold to a different third party for $12,000. Under these circumstances we believe that plaintiff is entitled to the amount the drier was actually resold for, that is, $12,000. We note that the parties' actions regarding the disposition of the drier after it was returned to Jackson are in conformity with section 2-608 of the Code (Ill. Rev. Stat. 1975, ch. 26, par. 2-608), which allows revocation of acceptance for a breach of an implied warranty of merchantability. Stamm v. Wilder Travel Trailers (1976), 44 Ill. App.3d 530, 358 N.E.2d 382.
Because of the contingent nature of the cross-appeal, we find it unnecessary to consider the cross-appeal, but would note in passing that the same reasons negating plaintiff's right to consequential damages are equally applicable to plaintiff's action against Jackson. Due to the view we have taken, it is unnecessary to discuss the other issues on appeal.
For the foregoing reasons the judgment of the circuit court of Bureau County in favor of plaintiff and against Driall is modified to $2,000 and as modified that judgment is affirmed. In all other respects the judgment of the circuit court is affirmed.
Judgment modified and affirmed.
ALLOY, P.J., and SCOTT, J., concur.
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text:
Enchilada Chicken Melt
Total Time
Prep 10 mins
Cook 20 mins
My own creamy cheesy chicken creation.
Ingredients Nutrition
- 2 lbs chicken breasts, boneless and skinless cut thin
- 2 cups low-fat cheddar cheese, shredded
- 1 cup fat free sour cream
- 1⁄2 red onion, finely chopped
- 1 (14 ounce) can diced tomatoes, with chiles drained
- 2 scallions, finely chopped
- 1 jalapeno, seeded, deveined, and finely chopped
- 1⁄2 cup cilantro, fresh finely chopped
- 1 lime, juiced
- salt and freshly ground black pepper
- Preheat your oven to 350 degrees F.
- Prepare Salsa by combining the tomatoes, scallions, jalapeno, cilantro, salt and lime juice in a mixing bowl. Set aside.
- Place chicken in a large frying pan over medium heat and cook until slightly brown.
- Mix the cheese, sour cream, and onion in a mixing bowl. Season with salt and pepper and stir well.
- Place chicken in a coated 9 by 13-inch baking dish.
- Spread the cheese mixture over the chicken.
- Place in the oven until the cheese is melted, about 5 to 8 minutes.
- Serve hot over rice and topped with the Salsa.


text:
2553 Courtney School Road, Midland VA, 22728
Sold Price:
3 beds , 1 Full baths
Status: Sold
Listing Provided Courtesy Of: Long & Foster Real Estate, Inc.
Real Living Reserve, REALTORS
Last Updated: 12/9/2016 7:03 AM
Description for 2553 Courtney School Road Midland, VA 22728
In your price range! This well kept 3 bedroom rambler has hardwood floors, kitchen/dining room, living room, wrap around trex deck on an acre lot. Perfect for first time home buyer or those looking to downsize!
Sold Price:
Sold Date:12/16/2015
Metes And Bounds
1 Full
In your price range! This well kept 3 bedroom rambler has hardwood floors, kitchen/dining room, living room, wrap around trex deck on an acre lot. Perfect for first time home buyer or those looking to downsize!
Listing Information
Metes And Bounds
Concrete Block
School Information
Room Information
Kitchen, Living Room
First Floor Bedroom
Kitchen Combo, Formal
Interior Features
Dryer, Exhaust Fan/Hood, Microwave, Refrigerator, Washer
Hardwood, Vinyl
Window Air Conditioning
Electric Heating, Wall Unit, Baseboard
Double Pane, Storm Door
Wood Floors, Attic Storage
Exterior / Lot Features
Paved Road, Open
Driving Directions
From Warrenton: 29 S to Meetze Rd exit, left on Meetze Rd, left on Casonova Rd, left on Catlett Rd., right on Bristersburg Rd, left on Elk Run Rd, right on Bristersburg Rd, to Right on Courtney School Rd to 1st house on left.
Financial Considerations
Listing Price History
Midland Real Estate
Midland is located in Virginia. Midland, Virginia 22728 has a population of 257.
The median household income in Midland, Virginia 22728 is $31,833. The median household income for the surrounding county is $88,687 compared to the national median of $53,046. The median age of people living in Midland 22728 is 34.1 years.
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I have been having fun lurking on the April and May boards to read the birth stories lately
While I love reading birth stories, now I am starting to freak myself out about giving birth again. WHAT HAVE I DONE???????????
It's making me shudder to think about the terrible terrible pressure and "ring of fire" when baby is crowning. BLAH! I have always torn pretty bad and it makes me so scared and uncomfortable to think of going through that again! And yet, here we are.....LOL.
Ugh. I am really dreading it at the moment. Maybe I will be able to relax in the fact that this is the last one????
What are you nervous about?


text:
Newcastle United fans will be comforted after hearing Demba Ba's latest statement regarding his future at the club.
The Toon striker has let it be known that he is not intending a move away from St. James' Park this summer.
The Senegalese goal-scoring machine was on fantastic form last season and helped Newcastle United earn fifth spot and a place in the Europa League for the Magpies.
This form led to speculation that has seen Manchester United, Liverpool and Galatasary reportedly make inquiries about the frontman who scored 16 goals in the Premier League last season despite being away for the best part of a month at the African Cup of Nations.
But the striker has tried to play down any conjecture about a move away any time soon by tweeting on his official account: "So much stuff about me lately. Rumours are rumours! Just forget about it."
Ba has returned for pre-season training in Newcastle, but despite his statement today, speculation is expected to continue throughout the summer.
Ba has a release clause in his contract which would cost £7m to activate. That would represent something of a bargain for the 27-year-old.
Newcastle managed to bring Ba to Tyneside on a free transfer last summer after he left relegated West Ham.Reuse content


text:
Watch Hidden (Caché) (2005) Free Online
Hidden (Caché)
IMDB Link:
Rating: 7.3/10 (50,704 votes)
Director: Michael Haneke
Writer: Michael Haneke
Stars: Annie Girardot, Daniel Auteuil, Juliette Binoche
Runtime: 117 min
Rated: R
Year: 2005
Genre: Drama, Mystery, Thriller
Quality: 720p HD, HD
Language: French
Released: 17 Feb 2006
|Plot: Georges, who hosts a TV literary review, receives packages containing videos of himself with his family--shot secretly from the street--and alarming drawings whose meaning is obscure. He has no idea who may be sending them. Gradually, the footage on the tapes becomes more personal, suggesting that the sender has known Georges for some time. Georges feels a sense of menace hanging over him and his family but, as no direct threat has been made, the police refuse to help....
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text:
Rimmel Gel Eyeliner
Gel eyeliner
colour: 001 Black
Gel Eyeliner with intensively pigmented color. Can be easily applied using the built-in brush, which allows you to get a fine or a clear line. With a waterproof formula stays in place all day - does not rub off or smear.
condition: brand new
expiring date: 30 months after opening
packageing: 2g
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Panasonic Lumix DMC-3D1
Ilse Jurriën : November 7th 2011 - 10:00 CET
Panasonic Lumix DMC-3D1 digital camera :
Panasonic announce the Lumix DMC-3D1 compact digital camera capable of shooting 3D photos and videos. The Panasonic Lumix DMC-3D1 is equipped with a twin-lens design with folded optics design in a extremely compact body. The Panasonic Lumix DMC-3D1 offers two 25mm ultra-wide angle lenses with 4x optical zoom offering impressive 8 megapixel 3D photos. HD video can be recorded in a resolution of maximum 1920x1080 60i. The Panasonic Lumix DMC-3D1 lens optics give photographers approximately 169% larger viewing space compared to that of 35mm cameras making it possible to photograph a wider range of composition. The Panasonic Lumix DMC-3D1 will be available in December 2011.
Panasonic Lumix DMC-3D1 camera
"Panasonic continues to lead the industry in 3D entertainment with the new Panasonic Lumix DMC-3D1 digital compact camera. The new Panasonic Lumix 3D camera is an innovative digital camera that excels with its 3D imaging technologies, but also offers outstanding 2D picture capture options," said Darin Pepple, Senior Product Manager, Imaging, Panasonic Consumer Electronics Company. "With its twin-lens design, the Panasonic Lumix DMC-3D1 is also capable of shooting HD video through one lens and 2D pictures with the other lens, creating still pictures and video content simultaneously, a unique shooting feature which Panasonic provides so users can stretch their creativity."
Panasonic Lumix DMC-3D1 picture & video
Beside taking 8 megapixel 3D photos, the Panasonic Lumix DMC-3D1 can also shoot 2D pictures in 12 megapixel resolution. The Panasonic Lumix DMC-3D1 digital compact camera is capable of capturing 2D pictures and video simultaneously. In conventional digital compact cameras, photographers had to choose between taking a picture of recording a video, the twin-lens design of the Panasonic Lumix DMC-3D1 breaks through these conventional barriers with two separate mechanisms for photo capturing, allowing for dual shooting capabilities.
Panasonic Lumix DMC-3D1 digital camera
Additionally, the two-lens design of the Panasonic Lumix DMC-3D1 allows users to record pictures or video in different angles of view simultaneously. For example, photographers can record an entire party scene with one lens while zooming in on and capturing the picture of a specific person with another lens. Users can easily switch between 2D and 3D mode with a separated switch, located on the back of the Panasonic Lumix DMC-3D1 camera.
• Read more about the features of the
Panasonic DMC-3D1
digital camera.
Panasonic Lumix DMC-3D1 price & availability
The Panasonic Lumix DMC-3D1 will be available in December 2011 for a suggested retail price of $500 in the USD and about €450 in Europe.
Panasonic Lumix DMC-3D1 review
As soon as we receive a Panasonic Lumix DMC-3D1 test sample, we will publish a photo gallery with high resolution pictures, followed by an extensive Panasonic Lumix DMC-3D1 review.
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text:
Music Gear News
New Launch: Junior Conga Drums by Gear4music Unveiled
Made of solid Maple, this conga range has been carefully hand-crafted to ensure it produces only the most authentic sound.
The synthetic head, which has been selected as the perfect partner for the Maple shell, responds perfectly to any playing technique used by the performer; reinforcing the fact that this is the ideal learning tool for the budding conga player. The range includes congas in several sizes, both tuneable and non-tuneable:
Junior Non-Tunable Conga by Gear4music, 6 x 12
Junior Tunable Conga by Gear4music, 6 x 12
Junior Non-Tunable Conga by Gear4music, 6 x 16
Junior Tunable Conga by Gear4music, 6 x 20
Junior Tunable Conga Set by Gear4music
Follow Gear4music.com on Facebook and Twitter to be the first to hear about the latest music gear offers and news.
By Michael Storey
Posted on 26 Jun 2015 17:16 to category : Instruments News
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Those who purchase a Zen Tour, Zen Studio, Orion Studio, Orion 32, Orion 32 or Goliath interface will be eligible to receive a free copy of PreSonus' Studio One
With thousands of new presets and a vast array of functions, the Predator 2 brings next level sound quality and user defined audio manipulation to the players immediate disposal
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Bursting with a number of great features, the Celviano Grand Hybrid offers the player unparalleled performance and unprecedented tone


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Real World article
(written from a Production point of view)
(written from a Production point of view)
Episodic television writer Margaret Armen (9 September 1921 – 10 November 2003; age 82) worked on three episodes of Star Trek: The Original Series and two episodes of Star Trek: The Animated Series. For the aborted Star Trek: Phase II, she wrote "Savage Syndrome" (with Alfred Harris).
Armen began her career writing for TV westerns, including The Rifleman and The Big Valley. She later worked on such shows as Marcus Welby, M.D., Barnaby Jones, and Wonder Woman.
She also wrote The Mod Squad episode "A Time of Hyacinths" (1970) with Warren Stevens.
Margaret Armen passed away due to heart failure in her home in Woodland Hills, California on 10 November 2003 at the age of 82.
Writing credits Edit
- "The Gamesters of Triskelion" (written by)
- "The Paradise Syndrome" (written by)
- "The Cloud Minders" (teleplay by)
- "The Lorelei Signal" (written by)
- "The Ambergris Element" (written by)


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Fed Poly Idah HND Admission form is out – 2016/17 (Full-time)
Fed Poly Idah HND Admission form. The Federal Polytechnic Idah HND admission form is now out. If you are interested, see the available courses, admission requirements, application procedures and closing dates below;
Applications are invited from suitably qualified candidates for admission into the following full-time HND programmes offered at the Federal Polytechnic, Idah, Kogi State for the 2016/2017 Academic Session.
Fed Poly Idah HND Courses
(a) Accountancy;
(b) Business Administration and Management;
(c) Marketing;
(d) Office Technology and Management.
(a) Public Administration
(a) Computer Science
(b) Food Science Technology
(c) Hospitality Management Technology
(d) Science Laboratory Technology (with Options in Biology/Microbiology, Physics with Electronics, Chemistry/Biochemistry);
(e) Mathematics and Statistics
(f) Leisure and Tourism
(a) Civil Engineering Technology (Structures Option);
(b) Electrical/Electronic Engineering Technology with option:
(i) Electrical/Telecommunications; (ii) Power/Machine;
(c) Mechanical Engineering Technology (Power and Plant Option);
(d) Metallurgical Engineering Technology;
(e) Foundry Engineering Technology.
(a) Architectural Technology;
(b) Building Technology;
(c) Estate Management and Valuation;
(d) Quantity Surveying;
(e) Surveying and Geo-Infonnatics;
(f) Urban and Regional Planning.
Fed Poly Idah HND Admission Requirements
The minimum entry requirements for admission into the Higher National Diploma programmes are as follows:
A. The National Diploma in the relevant field with a minimum of Lower Credit grade obtained from a recognized Institution, and a minimum of one-year post qualification experience. In exceptional cases, candidates with pass grade and a minimum of two years post qualification experience in the specific field may be considered for admission. All candidates are to forward their academic transcripts and confidential report to the Registrar (Academic Affairs) for admission purposes.
B. In addition, candidates must possess Five (5) relevant credit passes, including Mathematics and English Language at the SSCE, GCE, NECO, NABTEB and other OIL equivalent qualifications obtained at not more than two (2) sittings.
How to Apply for Fed Poly Idah HND Admission
The following procedures are to be followed:
- -Log to the Federal Polytechnic Idah website www.fepoda.edu.ng
- -Click on the 2016 Application Form tab
- -Create Account by filling the form with valid e-mail address and password containing (8) Characters in alphabets and numbers. Keep your username and password safe as it will be useful during screening exercise.
- -On successfully creation of account, Login to Generate and Print out the Payment Invoice with Remita Retrieval Reference (RRR).
- -Take the printed Payment Invoice to any Bank for the payment of (N5, 500.00) only using Remita.
- -Go back to the school website (www.fepoda.edu.ng), confirm payment and to complete the registration.
- -Print out the Application form, Confidential Report and State of Origin documents
-Further instructions are available on the Polytechnic's website.
CLOSING DATE: The closing date for the application is 30th October, 2016.
NB: Candidates are advised to visit the Polytechnic website at the close of application for the date of screening.
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Tags: Federal Polytechnic Idah, Federal Polytechnic Idah HND Full-Time Screening Date


text:
Total Time
Prep 30 mins
Cook 30 mins
Mexican spices make this a zesty south-of-the-border chicken dish.
Ingredients Nutrition
- 8 boneless skinless chicken breasts
- 1 1⁄2 teaspoons salt
- 1⁄2 teaspoon pepper
- 1⁄4 cup butter
- 1⁄4 cup oil
- 2 large onions, peeled and thinly sliced
- 8 ounces whole green chilies
- 1⁄2 cup salsa
- 3⁄4 cup milk
- 1 pint sour cream
- 1 cup cheddar cheese, grated
- 1 cup monterey jack cheese, grated
- Season chicken breasts with 1 teaspoon salt and the pepper. Melt the butter and oil in a large skillet and saute the chicken lightly over moderate heat for 3 - 4 minutes on each side or until they are lightly browned. Remove the chicken from the pan. In the same pan saute the onion for 5 minutes until soft but not browned. Slice the chiles into long strips and add half of them to the pan with the onion. Add the salsa and cook over a low flame for 8 - 10 minutes or until the sauce is thickened slightly.
- Meanwhile, place the remaining sliced chiles in the blender with the milk and 1/2 teaspoon salt. Blend at low speed until smooth. Add the sour cream and blend again. Place half the chicken on the bottom of a 2 quart casserole. Cover them with half the onion-chile mixture and half the sour cream sauce. Repeat the layers.
- Mix the grated cheeses together and sprinkle on top of the chicken mixture. Bake uncovered in a preheated 350 F oven for 30 minutes. Serve directly from the casserole.
- Note that the amount of chiles in the recipe makes a mild/medium spicy dish -- add or delete chiles to taste.
Most Helpful
This was an excellent dish and has a future as a "company" dinner. I followed the directions as written with just a little jalapeno tossed in. However, next time I would do it in a single layer. I think it would be nice to have that good cheese topping on all of the breasts rather than the top few. I'd probably increase the liquid to be sure it was still "saucy" and not dry. I also served it with a spicy Mexican rice. Definitely a keeper.
We all gave this one a five star rating and it was relatively quick and easy. I used a mild salsa and Ortega green chilies, which made the dish not at all spicy in our opinions. Next time I think I might try a little hotter pepper.
This is a 20 star recipe - okay, I am going over the top, but it was one of the nicest Mexican style meals I have EVER tasted! I made your Recipe #288256 to accompany it, a perfect combination. What we LOVED about it was the subtle layers of cool then slightly hot and piquant. The toasted cheesy topping was the savoury icing on the cake!Fabulous - I have just discovered a new dinner party dish to impress my friends and family! Made for Photo Tag and already requested for next week's midweek meal! FT:-)


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Lost Sheep by Dan Thompson
- June 30, 2013
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I love this. So pretty.
Been there, the homecoming conversations are never like that.
This is the banner headline comic on this strip and I think it was run once before. But that's okay, it is pretty!
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by Jesse Sandifer
published on 2009-12-09
Keywords: zbrush, polygon, painting,
Master MODO portraits: Master skin, hair and fur
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published on 2014-12-04
Keywords: modeling, texturing, modo, portrait
An introduction to Allegorithmic's Substance Painter
by Richard 'Pipes' Piper
published on 2014-07-17
Keywords: Substance Painter, Allegorithmic, Painting, Texturing
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The Original and Multi-Award Winning TV Craft
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Min comment interval: 14 seconds
Remaining character count: 4000
Remaining character count: 4000
Spoiler Image
Shortcuts: "C" opens comments. "R" refreshes comments.
Record voice message?
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Refresh Comments
> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#149 - walesforever
Reply +7 123456789123345869(03/09/2013) [-]
#170 to #149 - ihaveakeyboard
Reply 0 123456789123345869(03/09/2013) [-]
legitimately though, that is 135 on there, and that is good for a girl that is of that build
assuming of course that she was the one benchpressing
assuming of course that she was the one benchpressing


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Supreme Court of New York, First Department
November 7, 2013
Nelson Denis, etc., Plaintiff-Appellant,v.Manhattanville Rehabilitation and Health Care Center, LLC, etc., et al., Defendants-Respondents.
Cynthia A. Matheke, New York, for appellant.
Martin Clearwater & Bell LLP, New York (Stewart G. Milch of counsel), for Manhattanville Rehabilitation and Health Care Center, LLC, respondent.
Garson & Jakub, LLP, New York (Susan M. McNamara of counsel), for Carl Franzetti, M.D., Vandana Patil, M.D. And Riverdale Family Practice, LLC, respondents.
Sweeny, J.P., Moskowitz, Renwick, DeGrasse, Gische, JJ.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 19, 2012, which, to the extent appealed from as limited by the briefs, granted defendants' motions for summary judgment dismissing the causes of action for medical malpractice, negligence and lack of informed consent, unanimously affirmed, without costs.
Plaintiff failed to submit evidence to rebut defendants' prima facie showing that they did not deviate from the accepted standard of care in their treatment of the decedent during her 20-day admission at defendant Manhattanville. His expert assumed that the decedent had a C. difficile infection throughout her admission and that the infection worsened during her stay. He failed to support these conclusions by referring to specific entries in the records, and, as to two negative stool sample tests, he speculated that they had been handled poorly. Plaintiff's expert's claims that the decedent suffered from dehydration and was not properly nourished were conclusory and failed to controvert defendants' expert's evidence to the contrary. Moreover, the expert failed to causally relate the decedent's injuries to defendants' alleged departures from the standard of care (see Margolese v Uribe, 238 A.D.2d 164 [1st Dept 1997]).
Plaintiff's expert's opinion as to the lack of informed consent was predicated on his unsupported assumption as to the duration of the C. difficile infection and relied on alternative "potential" treatments that were experimental, without addressing whether the decedent would have been a candidate for any of them. Moreover, the expert did not opine that the lack of informed consent was a proximate cause of the decedent's injuries. The opinion was therefore insufficient to raise an inference that a reasonably prudent person in the decedent's circumstances, having been appropriately informed of the risks and alternatives,
would have elected an alternate course of treatment, and that the lack of informed consent was the proximate cause of the decedent's injuries (see Public Health Law § 2805-d[1], [3]; Shkolnik v Hospital for Joint Diseases Orthopaedic Inst., 211 A.D.2d 347, 350 [1st Dept 1995], lv denied 87 N.Y.2d 895 [1995]).
We have considered plaintiff's remaining arguments and find them unavailing.
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Jayapura, Indonesia
Photos from JayapuraPictures of Jayapura (400)
Hotel Deals in Jayapura
Hotels in JayapuraJayapura Accommodations (3)
Swiss-Belhotel Papua Jayapura
Pusat Bisnis Jayapura, Jayapura, Indonesia
Sentani Indah Hotel Jayapura
Jl. Raya Hawai, Sentani, Jayapura, Indonesia
Aston Jayapura Hotel and Convention Center
Jln. Percetakan III 50- 58, Jayapura, Indonesia
Travel Blogs from JayapuraJayapura Travel Blogs (30)
Baliem Valley and the Dani Tribes on Papua.
... missionaries we've seen a handful of tourists. All in all we had a great time but it is time to start a new chapter: Indonesia. We took our last PMV ride to the border with a few military stops on the way. Customs on both sides went smoothly and as ...
The World As It Once Was
... Jayapura area. The third activity we engaged in that weekend was attending a professional soccer game. The Jayapura team (called Persepura) is one of the best in Indonesia, so I borrowed a Persepura shirt and showed up to the game decked out in the home ...
Nightmare Passage
... live each day to the max and appreciate what life has to offer, to enjoy each other as human beings regardless of our faith, skin color or mother tongue. Until next time, Derek and Ginette SV Small Cat Fun Jayapura, Indonesia ...
... to dash to Papua New Guinea and get a new one, or so I thought. The consulate officer had other ideas, the corrupt bastard. Jayapura is an ugly town in stunning settings. Steep hills covered in jungle surrounds on 3 sides, on the other side an enclosed ...


text:
Music Gear News
Stairway to Heaven 'was an accidental success'
Nearly every electric guitar player in the land knows Led Zeppelin's classic song Stairway to Heaven, but its success apparently came about by accident.
The track was written by Robert Plant and Jimmy Page and first appeared on the Led Zeppelin IV album in 1971, but it was never issued as a single.
However, it did go on to become very popular with radio disc jockeys, despite being more than eight minutes long.
According to Charles Cross, author of a recent biography on the rock band, its length was one of the reasons it was played on the radio so often.
"I literally had a 100 DJs swear to me that they only played the song because they needed a long break to go and smoke a cigarette," he told the New York Post.
Cross added that they would not have had time to smoke a full cigarette if it had been any shorter.
The song was included in the setlist at Led Zeppelin's one-off reunion gig at the O2 Arena in London two years ago.
However, Robert Plant has so far ruled out the possibility of a full-time reformation, preferring instead to concentrate on his collaboration with Alison Krauss.
Page has recently been working on the movie documentary It Might Get Loud, while bass guitar player John Paul Jones is now performing with Dave Grohl in Them Crooked Vultures.Posted on 17 Nov 2009 19:00 to category : Band / Celebrity News
Related Music News
Laying the foundations for generations of artists to follow, the legendary musician Leonard Cohen has passed away from unspecified causes.
Stating it as more of a necessity for the band, M. Shadows highlights the importance of not stagnating and keeping things exciting
Cancelling his remaining shows in December due to ill health, fears arise over the guitar legends health
Verified by the guitarist himself, Slash's B.C Rich played a pivotal role in Guns N' Roses rise to fame
Featuring a number of tracks by their favourite artists, the Stone's latest effort is set for release December 2nd
Speaking to friend and radio host Eddie Trunk Frehley stated that he would rejoin the band if the offer came his way
Recent Music News
Straight from the 90's, the legendary synth has been given a modern makeover to make it more versatile than ever
Antelope Audio Now Offering a Free License For PreSonus Studio One For Customers Who Purchase Selected Interfaces
Those who purchase a Zen Tour, Zen Studio, Orion Studio, Orion 32, Orion 32 or Goliath interface will be eligible to receive a free copy of PreSonus' Studio One
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With a new arpeggiator and synthesizer at the users disposal, several user requested updates provide the player with more versatility than ever before
A limited time edition of the Akai MPK Mini MK 2, the white equivalent operates as an eye catching alternative that looks as good as it sounds.
Casio's GP-500 Celviano Grand Hybrid Digital Piano Awarded With Title of 'Most Innovative and Trusted Piano Product for 2016'
Bursting with a number of great features, the Celviano Grand Hybrid offers the player unparalleled performance and unprecedented tone


text:
Abrigo De Botelho
Panjim, Goa - 403 001
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Abrigo De Botelho, Goa - Location on Map
Abrigo De Botelho, goa
Starting from
Rs. 12,154
Choose Dates
Abrigo De Botelho, Goa - Overview
Abrigo De Botelho is located 1 km away from Panjim and 0.5 km Patto Footbridge Bus Stand. This hotel offers free Wi-Fi access and breakfast service within the premises. A total of 8 air-conditioned rooms, set on 2 floors are available for accommodation. Conveniences such as television, tea/coffee maker, mini-bar, and attached bathroom with hot/cold running water facility and toiletries are offered within the rooms.
Abrigo De Botelho has a common living room with a dining table where guests can avail on request food. A front desk and a travel desk are also available within the premises. Additional services such as doctor on call and round the clock security are provided. Tourist attractions include Caranzalem Beach (6 km), Se Cathedral (9 km), Basilica of Bom Jesus (10 km). Karmali Railway Station is 12 km and Goa International Airport is 26 km away from the hotel.
Check-in time : From 12:00 pm
Check-out time : Until 9:00 am
Check availability for Abrigo De Botelho, Goa
Why book with Travelguru?
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Abrigo De Botelho, Goa - Rooms & Price
|Room Type
|Deals and Promotions
|Total Price
|Executive Room
|3 2
|Rs. 12,154
|Choose Dates
Close Detail
|3 2
|Rs. 24,308
|Choose Dates
Close Detail
Abrigo De Botelho, Goa - Amenities
- Airport transportation
- Breakfast Services
- Front desk
- Gardens
- Internet Access
- Laundry facilities
- Luggage storage
- Multilingual staff
- Newspaper
- Parking
- Smoke-free property
- Tea Coffee Maker
- Attached Bathroom
- Bottle opener,Wardrobe, water
- Bottled/drinking water
- Conditioner
- Desk
- Minibar
- Moisturiser
- Premium TV channels
- Premium bedding
- Showers only
- Tea Coffee Maker
- Television-Room
- Temperature Control
- Wakeup-calls
- window opens


text:
Get Your Gay Access Now!
Category Cumshots
Added June 01, 2014
Viewed 0 times
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Duration 46m, 39s
Tags Blowjobs, Cum Swallowing
- This scene does not have any comments yet!
Goatee wearing stud Gabriel is the perfect cocksucker! His man Spencer relaxes in luxury as Gabriel gives him an erotic foot massage before he eases his way up his legs with his mouth. When he reaches the hairy cock, Gabriel takes it into his mouth, suckling on the head and then engulfing the whole damn thing with his throat! He's got superb technique, running his lips up and down the shaft and stimulating the underside of Spencer's ballsack with his goatee. There's also some hot 69 action to be enjoyed, with overweight Spencer showing that he is no slouch when it comes to cocksucking either. However, it's Gabriel who takes the prize!
You're Viewing
Would You Drink My Cum 2
June 01 2014
More Scenes From DVD
- Scene 2 - Gabriel Rubs His Goatee Against Ballsack While Deepthroating
- Scene 1 - John Shows Impeccable Deepthroating And Cum Swallowing Skills
- Scene 3 - Eddie Iron Drinks Down A Cumload
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