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June 30, 1980
KENNETH LEVINE, Plaintiff, against ZERFUSS OFFSET PLATE SERVICE COMPANY, Defendant.
This diversity action was instituted by Kenneth Levine, a New Jersey resident, against the defendant, Zerfuss Offset Plate Company, a New York corporation, seeking to recover for breach of a written contract of employment. A two-day trial was held before me in May of this year. Based upon the testimony elicited at trial as well as the exhibits received in evidence, the following shall constitute my findings of fact and conclusions of law.
Kenneth Levine is a stripper who at one time worked for Creative Lithographics, Inc. At about the same time, William Zerfuss was also employed by Creative as a stripper-foreman. In late 1973, Creative decided to spin off its offset plate work. To this end, Creative offered to sell its offset business to William Zerfuss. After some negotiations, Mr. Zerfuss agreed to purchase the business and set up the defendant company. Although Zerfuss Offset was a separate legal entity, its main customer remained Creative. For the convenience of Creative, Zerfuss Offset was located in the same building as Creative and, in fact, sublet its space from Creative.
Sometime during early 1978, the President of Creative, Arthur Meyers, suggested that Zerfuss hire Kenneth Levine as stripper-foreman. Apparently, Zerfuss was in dire need of a stripper-foreman to handle all of Creative's work. As a result of Meyer's suggestion, Levine was hired by Zerfuss in May of 1978 and commenced working immediately. Thereafter, Zerfuss negotiated a contract with Kenneth Levine which was later reduced to writing in August, 1978. A portion of the contract set Levine's salary, his bonuses and established his working hours as 8:00 a.m. to 4:00 p.m. The contract also provided for a stock option whereby Levine could obtain ownership of 50 percent of the defendant corporation. Interestingly, the contract merely provides that Levine will be "engaged to work in the capacity of stripper and stripper foreman."
Apparently within two weeks after Levine started to work for the defendant in May of 1978, both Arthur Meyers and Salvatore Margarone started to complain to Zerfuss about Levine's performance. Their complaints were to the effect that work was not being completed on time; that work had to be returned for corrections; that Levine did not know the status of work in progress at the Zerfuss plant; and, that Levine was not authoritative with the Zerfuss employees. Both Meyers and Margarone testified as to making these complaints to William Zerfuss. And yet, 8 to 10 weeks after receiving these complaints, William Zerfuss executed the written contract which was prepared for him by his counsel and which is at the heart of the instant suit.
The evidence showed that during the entire term of his employment, there were complaints about Levine's performance lodged by the officials of Creative as well as by William Zerfuss. There is no doubt that during this period of time, Levine worked as a stripper. The testimony established that stripping entails detailed personal work which, by its nature is difficult to oversee. In addition, when not working as a stripper, Levine functioned as a stripper-foreman. In this capacity, he distributed work to other strippers at Zerfuss and did some checking of their work. His ability to function as a foreman, however, was limited for two reasons.
First, it was apparent from all the credible testimony that Creative kept the Zerfuss plant very busy. And, at times, the Zerfuss plant did not have the manpower to handle the work. Thus, Kenneth Levine, concededly a top-rate stripper, was often forced to spend much of his day as a stripper to handle the daily stripping work which Creative demanded be completed quickly and competently.
Moreover, it was also clear from the testimony that when William Zerfuss was at the plant, he would take over as the shop foreman leaving plaintiff to assist with the stripping. Thus, Levine was left to function solely as a stripper when Zerfuss was at the plant.
In any event, it became increasingly apparent that for whatever reason Levine was not performing to the complete satisfaction of Creative. Finally, in December of 1978, William Zerfuss attempted to shift Levine to the night shift in order to placate Creative. When Levine refused to work at night, he was discharged.
Generally, an employee who does not work under an agreement for a definite term of employment may be discharged at any time, with or without cause. See, e.g., Buian v. J. L. Jacobs & Co., 428 F.2d 531, 533 (7th Cir. 1970). However, where, as in the case at bar, the employment is for a definite term, an employee may not be discharged by the employer "without a "cause sufficient in law which would justify an employer in discharging an employee.' " Crane v. Perfect Film & Chemical Corp., 38 A.D.2d 288, 329 N.Y.S.2d 32 (1st Dep't 1972) citing, Vogel v. Pathe Exchange, Inc., 234 A.D. 313, 318, 254 N.Y.S. 881, 886 (2d Dep't 1932).
The contract in issue does not condition the plaintiff's continued employment upon the performance of his duties to the personal satisfaction of William Zerfuss. Nor does the contract impose any express conditions upon plaintiff with respect to the performance of his duties. Indeed, the contract is silent in this regard. It states only that plaintiff's employment shall continue for a term of five years.
Under these circumstances, plaintiff was required to perform his work satisfactorily. Based upon the totality of credible evidence, I am convinced that Kenneth Levine performed satisfactorily as a stripper and as a stripper foreman insofar as he was permitted to do so by Zerfuss. This is particularly true in view of the fact that the employment contract was entered into after Zerfuss had complete knowledge of Levine's on-the-job performance.
Furthermore, the incident which apparently triggered Levine's dismissal was his refusal to accept a transfer to the night shift. However, under the express terms of the employment contract, plaintiff was to work only from 8:00 a.m. to 4:00 p.m. He simply could not be compelled to work the night shift and his refusal to do so was clearly justified.
Finally, it was evident to me from the testimony elicited at trial that it was not William Zerfuss' dissatisfaction with the plaintiff's performance which was at the heart of Levine's discharge, but rather, the dissatisfaction of Arthur Meyers, the President of Creative. It was abundantly clear that although Zerfuss was a separate corporate entity, Creative enjoyed a very influential position with respect to the Zerfuss operation and Meyers was not reluctant to exercise this influence. Not only did Creative act as Zerfuss' landlord, but it also supplied the vast majority of Zerfuss' work. Indeed, without Creative, there would be no Zerfuss. In fact, William Zerfuss testified that if Creative moves out of the building it presently occupies and Zerfuss does not tag along with Creative to a new location, Zerfuss will surely go out of business.
Thus, I find that Levine's discharge was an unjustified breach of the employment contract and damages must be assessed against Zerfuss.
Turning now to the question of damages, the contract provides in pertinent part:
6. Employer agrees as follows:
a. To pay employee $ 600.00 dollars per week payable each week during the period of employment with a minimum $ 30.00 a week raise each year hereafter.
8. In addition to the fixed sum of salary previously mentioned, the corporation agrees to give an additional sum equal to $ 1,500.00 plus 5% of the gross earnings in excess of $ 300,000.00 earnings of the corporation for each fiscal year of his employment hereunder, with a minimum of $ 5,000.00.
For the purpose of accounting, the corporation shall close their books, effective May 31, 1978 and the net income shall be determined for the period from June 1, 1978 through the subsequent year.
It is further agreed that the present net worth of the corporation is approximately $ 100,000.00, and that, therefore, each share of stock of the 100 shares issued, has a present worth of $ 1,000.00. Kenneth Levine shall have the option of purchasing stock at the rate of $ 1,000.00 per share, up to fifty (50) shares or 50% of the shares outstanding for a five (5) year period.
11. It is hereby further agreed that the corporation shall give an option to the employee to purchase from the corporation up to the amount of 50% of the corporation's stock. The value of said stock shall be $ 1,000.00 per share on the date of purchase.
12. It is hereby agreed that the Zerfuss Offset Plate Service Company, Inc. shall give at the end of two (2) years 10% of the stock which is at that time presently on its books to Kenneth Levine.
15. The corporation agrees that it shall not raise the salary of William Zerfuss or any of William Zerfuss' relatives unless the salary of Kenneth Levine is raised proportionately.
Kenneth Levine is given the absolute right to audit all of the books and records of the corporation and to hire an accountant to review same, and the corporation will cooperate with any accountant so hired.
Certain facts which bear upon the computation of damages are not disputed. These include
(1) In May, 1978, the parties executed a contract of employment, the pertinent provisions of which are quoted above;
(2) The defendant discharged plaintiff on September 13, 1978;
(3) Between June 1, 1978 through May 31, 1979, defendant had gross earnings of $ 436,700;
(4) Between June 1, 1979 through October, 1979, defendant had gross earnings of $ 225,000, 30% greater than the same period in the preceeding year; and
(5) In January, 1979, William Zerfuss increased his salary from $ 850 per week to $ 950 per week representing a 12% increase.
See Joint Pre-Trial Order dated February 25, 1980.
In the Pre-Trial Order, dated February 28, 1980, plaintiff, under the section entitled plaintiff's contentions, set forth a detailed breakdown with respect to the damages he seeks. The total award sought by plaintiff is $ 210,059.09 and was computed as follows:
(1) Plaintiff was entitled to a salary of $ 600 per week for the first year and a $ 30 increase per week in each of the following years. Thus, plaintiff would have earned a yearly salary of:
$ 31,200 for the first year
$ 32,760 for the second year
$ 34,320 for the third year
$ 35,880 for the fourth year
$ 37,440 for the fifth year
To this was to be added an increase proportionate to any salary increase of William Zerfuss. In January, 1979, William Zerfuss increased his salary 12% and thus, plaintiff's yearly salary must be proportionately increased. These increases are as follows:
$ 1,872 for the first year
$ 3,931 for the second year
$ 4,118 for the third year
$ 4,305 for the fourth year
$ 4,492 for the fifth year
In addition, under the contract, plaintiff was entitled to an annual bonus of $ 1,500 plus 5% of the yearly gross revenues of the business in excess of $ 300,000 with a minimum bonus of $ 5,000 per year.
Finally, plaintiff was entitled to 10% of the outstanding shares of Zerfuss Offset after two (2) years and was given the option of purchasing up to 50% of the stock of the corporation at $ 1,000 per share.
Despite this detailed presentation of damages by plaintiff, defendant offered nothing either in the pre-trial order or at the trial to rebut these computations.
While it is clear that an award of damages may not be premised upon mere speculation or guesswork, James Wood General Trading Establishment v. Coe, 297 F.2d 651 (2d Cir. 1961), it is equally clear that once a plaintiff has demonstrated that he has been damaged, he need only demonstrate the amount of damages with reasonable certainty. W. L. Hailey & Co. v. Niagara County, 388 F.2d 746 (2d Cir. 1967). A wrongdoer has no right to insist upon a mathematically precise evaluation of the damages suffered. Contemporary Mission, Inc. v. Famous Music Corp., 557 F.2d 918, 926-27 (2d Cir. 1977).
Plaintiff, having established entitlement to damages and offering a reasonable computation thereof, I find that he was damaged in the amount of $ 111,968 which, when reduced to present value, yields a sum of $ 109,876. In addition, plaintiff is entitled to 10% of the outstanding stock of Zerfuss as of June, 1980. The reasoning and computation underlying this award is as follows.
Plaintiff was unemployed for a period of one week. Thereafter, he secured a position as a stripper at a weekly salary of $ 375. This salary was increased after six months to $ 400 and apparently has remained at $ 400 per week. Thus, plaintiff's lost wages over the term of the contract in issue, totalling $ 190,318 with the 12% proportionate increase, and the yearly increase, must be reduced by the total wages plaintiff earned and will earn for the term of the contract from his present employment which totals $ 103,350. Thus, the sum of $ 86,968 represents the total salary plaintiff lost as a result of his wrongful discharge. When reduced to present value, plaintiff is entitled to recover the sum of $ 77,576.
In addition, plaintiff is entitled to a yearly bonus of $ 5,000 which, over the term of the agreement, totals $ 25,000 when reduced to present value, plaintiff is entitled to recover the sum of $ 22,300. I have awarded plaintiff the minimum bonus since any increase in the gross revenues of Zerfuss is, at best, speculative.
Finally, plaintiff is entitled to receive 10% of the outstanding stock of Zerfuss as of June, 1980, which interest is valued at $ 10,000.
I decline to compensate plaintiff for the option to purchase up to 50% of the Zerfuss stock. It is a matter of conjecture whether plaintiff would have exercised the option at all. Thus, I will not engage in such speculation to increase plaintiff's damage award.
Settle judgment on five (5) days' notice.
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Media in category "Willy Wellens"
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Karl berger
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I've had coffee there many times in the past and it's o.k. Small amount for the money. The problem is that I understand that no other coffee shops are allowed to set up in Brockport village due to some agreement in the past, as if Java Junction has a corner on the market. That stinks.
Whenever I am able to make a stop at this coffee shop, I have to order a bowl of soup for my lunch. Their soup was really delicious. If you are soup lover, you definitely should stop by this coffee soup for a bowl of soup. Their coffee were good as well. They are very friendly and nice people.
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An excellent independent coffee house. We had lunch, and found our sandwiches and soup quite good. The coffee is good too as one would hope. A casual atmosphere is a pleasant setting to eat, chat... I give it a 4, not 5 star because the wait staff, while friendly, are too casual, in that they don't seem to follow up,...
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Album Avalon Sunset [Bonus Tracks]
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HomeLab & Science NewsArticlesCreating a Culture of Safety in the Life Science Laboratory
Creating a Culture of Safety in the Life Science Laboratory
From the Laboratory Equipment Magazine Webinar Series
Webinar: Creating a Culture of Safety in the Life Science Laboratory
Every organization has its own culture, but not every culture promotes safety. In this webinar, we'll explore the concept of creating a culture of safety from two angles.
What you'll learn:
- Sean Kaufman will present about the humanistic roots of culture. He will reference case studies of the highly publicized CDC Laboratory Anthrax situation and address Workforce Preparedness Response to the Ebola virus in the U.S. and in West Africa.
- Brian Garrett will discuss the infrastructure aspect of culture. He will present new technology in biological safety cabinets that challenges old thinking and has the potential to reset the bar of expectations for safety in the laboratory.
Class II, Type A2 Biosafety Cabinets
These cabinets protect the user, product and lab. They recirculate 70% of the HEPA-filtered laminar air while 30% passes through an exhaust HEPA filter for discharge to the lab or optional canopy.
Class II, Type B2 (Total Exhaust) Biosafety Cabinets
These total exhaust cabinets protect the user, product and lab. They are designed to be hard ducted to the outside, exhausting 100% of the HEPA-filtered air outside the lab.
Class II, Type C1 Biosafety Cabinets
The first BSC with the flexibility to convert from A2 to B2 mode. Simple to use, with unmatched chemical safety.
Class I Safety Enclosures
These enclosures use exhaust HEPA filters to protect the user and the environment from agents that require Biosafety Level 1, 2 or 3 containment but no product protection.


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- Worldwide Rank #0
- Follower/Following Ratio 0.96
- Daily New Followers 0
김보경 Twitter Stats
@01096251055 - Tracking 김보경 Twitter profile since August 31, 2012
김보경 Tweets
@01096251055 has posted 0 tweets in the last 19 days, which translates to an average of 0.0 tweets per day.
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@01096251055 has 153 followers on Twitter.
This account is #0 in the worldwide rank of the most popular Twitter users.
김보경 Following on Twitter
@01096251055 is following 160 Twitter accounts.
Last month this account stopped following 18 users.
김보경 Predictions & Milestones
@01096251055 will hit 140 followers in the next 3 months, and 101 in one year.
You are on 김보경's Twitter stats page
We track these Twitter stats since August 31, 2012 . You can see how many followers 김보경 lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare 김보경 to yourself ? Or if you are 김보경 get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


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Bumped into my favorite fashion blogger in HK!!! Woohoo!!!
On her right-
Wonder Anatomie Necklace
Topshop tunic dress
Nike Dunk High sneakers
Super Sunnies
On me left -
Topshop Tee and skirt
Matahari Clutch available @ Number Fifty
Karen Walker Sunnies
We are crazy for crosses right now.
A cream blazer is smart, chic and perfect for spring!
A cross-body bag is a festival lifesaver - especially when teamed with crochet at Coachella.
The shoes! The hair! The cape-back dress!
Model Elena Perminova looks stunning in a bustier floral dress!
How adorable is this fashion triplet?!
These identical rings are a brilliant idea!
Olivia Palermo and her beau look adorable. We're real suckers for her jeweled sandals!
A white lace dress is pretty personified.
A kimono adds a little glamour to a festival outfit.
Print overload!
We're green with envy for this crocodile clutch!
A patent sleeveless biker jacket is just what this outfit needed to look FABULOUS!
Round sunglasses are our latest eye wear obsession!
Tassel-tastic. A little addition that makes these shoes go grand.
This body jewellery belongs in a museum!
Pink heels are the perfect recipe to a girl's happiness. Isn't that right Anna Dello Russo?


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Seems kind of early to me. Does anyone think I should be worried???
Seems kind of early to me. Does anyone think I should be worried???
Wife to my wonderful DH, Jeff - 11/20/10
Mama to my sweet little boy, Jaxson - 3/7/05
& Luke - Due 12/03/11 - Scheduled C - 11/28/11
Stock up on nipple ointment and pads!! The milk dries up and hurts!!
Not at all.
Lots of women start leaking fairly early (even earlier than you). Wide variation of normal on this particular issue.
signature here
Mine have been leaking a little bit off and on for a few weeks and I'm only 23 weeks. Our midwife said it's normal.
Whew!!! Thank you, friends!! I was a little worried. I know that I started leaking while I was still pregnant with my son, but I didn't think it was this early. Guess I need to pick up some pads! Ahhhhh.....the loveliness of pregnancy!!!!
Wife to my wonderful DH, Jeff - 11/20/10
Mama to my sweet little boy, Jaxson - 3/7/05
& Luke - Due 12/03/11 - Scheduled C - 11/28/11
Mine always leak early, around 20 weeks. It's nothing to be concerned about.
Dd1 10.05
Dd2 03.07
Ds 12.07.11
I am so glad you made this post I am 26 weeks and once in awile my nipples leak a bit. I was wondering if it was normal
I've been leaking for a while now! I think it's awesome, my hubby thinks it's creepy... lol!
Alison (28) & Justin (32)
Married 12-28-07
Samuel Justin born 12-30-11
I came on here looking for a nipple post! I am not leaking, but when I take off my bra my boobs are soooooooooooo tender, and warm, painful. Today my nipple got soooooo swollen it looks just like when I am nursing and my milk comes in. Just the left one. I asked my DH (dear husband) to look and he sat there looking bewildered because he honestly probably didn't know what the hell he was looking at so then I said "Feel the difference between the two." Sooooo nice that he is always willing the help! LOL. Anyway, how is it that milk comes in this early? Didn't happen with my other two. Glad its nothing wrong. Thanks for this post!
I've been leaking on and off since 9 weeks or so. But only when I'm lying down at night.
I just noticed my breast leaking. Its kind of weird just because I was not exspecting it this early.


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Apple MacBook Air 11.6 (MJVM2 2015 Model, 4GB RAM 128GB)
Apple MacBook Air MJVM2 is an unbelievably thin and light but powerful notebook which is designed to the most exacting performance standards. Featuring a unibody design, which makes it incredibly thin and amazingly beautiful. Macbook Air houses backlit glossy widescreen display, 11.6-inch screen size with 1366 x 768 resolution, providing vibrant colors and high contrast so you can experience an astonishing level of clarity. It comes with full size keyboard that just as comfortable to type on as a desktop keyboard. The keyboard is backlit so you can type in low-light conditions with ease. Its built-in sensor detects changes in the ambient lighting and adjusts the keyboard and display brightness automatically giving you the perfect illumination in every environment.
The device is equipped with 1.6GHz Dual-core Intel core i5 processor with 4GB RAM, this combination of RAM and processor gives smooth and consistent performance for every type of work. It also offers 128GB storage which seems enough to store your favorite stuff. Macbook Air comes with OS X El Capitan operating system, it is very simple to use and beautiful to look at.
Other prominent features of Macbook Air are - Dimensions: 11.8 x 7.56 x 0.11-0.68 inches, Weight: 2.38 pounds, Intel HD Graphics 6000, Dual display and video mirroring, HDMI video output, 720p FaceTime HD camera, Two USB 3 ports, 3.5 mm headphone jack, Thunderbolt 2 port, MagSafe 2 power port, 802.11ac Wi-Fi wireless networking, Bluetooth 4.0, Dual microphones, Stereo speakers and Built in 38-watt-hour lithium polymer battery which allows up to 9 hours of wireless web and 30 days standby time.
We Also Recommend


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Explore Coaching Coach, Life Coaching and more!
Even coaches need life coaching. Coach: What do you love doing that you're not doing? One action step later, ahh.
Life coaching is a great idea for kids. As my one of my best and favorite clients would say...when something goes wrong in your life, just yell, "PLOT TWIST!" and move on. #lifecoachforkids
How To Write Your First Book -- Twenty-one successful authors — including Junot Díaz, Charlaine Harris, Dean Koontz, and George Saunders — tell how they overcame writer's block, completed, and sold their debut titles. (Click image to read)
Great chart with comma rules. I'd add that Rule 2 doesn't change even when you follow AP style and omit the final comma in a series. Also, commas almost never go after "and" or "but."
Great tips on using art therapy to help kids with ADHD
The talents of some of our most brilliant kids may never be recognized because these children fall into a group known as twice exceptional, or "2e". These kids are both gifted and diagnosed with a disability—often ADHD or an Autism Spectrum Disorder—leading teachers and parents to overlook the child's talents and focus solely on weaknesses. This book sheds light on this vibrant population, identifying who twice exceptional children are and taking an unflinching look at why they're stuck.
35 non-worksheet ideas for kids who hate handwriting


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Home /
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Learn more about what you receive with purchase of this case.
April 22, 1968
VALENTIN KOUMP, APPELLANT,v.JAMES E. SMITH, RESPONDENT
In an action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Rockland County, dated May 29, 1967, which denied his motion for written authorization to secure defendant's hospital record. Plaintiff seeks inspection of defendant's hospital record relating to blood alcohol content and drunkenness at the time of the accident. Order affirmed, without costs.
Beldock, P. J., Christ and Martuscello, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to reverse.
Brennan and Hopkins, JJ., dissent and vote to reverse and to grant plaintiff's motion with the following memorandum:
The action is brought to recover damages for personal injuries. The complaint alleges that the plaintiff and defendant were involved in a vehicular collision on a public highway; that defendant had consumed alcoholic beverages prior to the collision; that defendant was drunk at the time of the collision; and that the accident resulted from his intoxicated condition. Defendant denied these allegations. There is some indication in the police report that a doctor in the hospital where the defendant had been taken reported that it was his opinion that the defendant was intoxicated. Competent evidence that defendant was intoxicated while operating his motor vehicle at the time of the accident may be admitted at the trial and may be considered with other facts in evidence on the issue of negligence. CPLR 3121 (subd. [a]) permits all parties to obtain and make copies of the records of specified hospitals relating to a party's physical condition when such condition is in controversy. We are of the opinion that whether the defendant was intoxicated at the time of the accident is a matter in controversy and the record is sufficient to entitle the plaintiff to that portion of the hospital record which relates to the defendant's physical condition (cf. Constantine v. Diello, 24 A.D.2d 821; Chester v. Zima, 41 Misc. 2d 676; Fisher v. Fossett, 45 Misc. 2d 757).
© 1998 VersusLaw Inc.
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text:
Share and listing Information
ABB introduced a single-class of shares in 1999
The shares rank pari passu in all respects with each other including the entitlement to dividends
Share and listing information
|Share details
|Par value (CHF)
|Vote per share
|Trading lot (Sweden)
|200 ABB Ltd shares (as of July 3, 2006)
|Number of issued shares
(as of September 30, 2016)
|2,214,743,264 (includes treasury shares)
|Number of outstanding shares
(as of September 30, 2016)
|2'135'925'341 (excludes treasury shares)
|Number of treasury shares
(as of September 30, 2016)
|Share class
|Registered (Switzerland)
|ISIN code
|ISIN code CH 001 222 171 6
|Security types
|SIX Swiss Exchange registered shares (ABBN)
NASDAQ OMX registered shares (ABB)
NYSE American depository shares (ABB)
|Stock exchange listing dates
|SIX Swiss Exchange, Zurich - June 28, 1999
NASDAQ OMX, Stockholm - June 22, 1999
NYSE, New York - September 5, 2001
|Indices (weighting)
(as of December 31, 2015)
| SMI - Swiss Market Index (3.67%)
SPI - Swiss Performance Index (3.06%)
SLI - Swiss Leader Index (4.39%)
Ticker symbols
How can I purchase ABB shares?
You can purchase ABB shares through your bank or brokerage firm.
ABB does not currently have a direct stock purchase plan (DSPP) or a Dividend reinvestment program (DRIP).
ABB does not currently have a direct stock purchase plan (DSPP) or a Dividend reinvestment program (DRIP).
What are the significant differences between ABB's corporate governance practices and New York Stock Exchange's listing standards?
Please read more on the significant differences on disclosure requirments of corporate governance practices.


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Startup News – sorted by country
Recent JobsOffice Manager (m/f) at Kleiderkreisel - Berlin, Germany
Social Media Agent _Native German at Degustabox S.L. - Barcelona, Spain
Business Developer at Marfeel - Barcelona, Spain
Wordpress Developer for the Relaunch of EU-Startups.com at Menlo Media UG - Anywhere / Remote, Germany
Head of education at Antioch - Lisbon, Portugal
Customer Care/Voice and Non Voice at DTech Venture - Anywhere , United Kingdom
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Tag Archives: Cristiano Ronaldo
Cristiano Ronaldo "starfunds" Mobitto
We've been writing about crowdfunding frequently (I certainly did). But today we're covering "starfunding" as all-star football (soccer for Americans) player Cristiano Ronaldo invests in Mobitto's mobile loyalty card. Mobitto is a Lisbon-based mobile marketing startup that aims to improve … Continue reading
Posted in Funding, Portugal-Startups Tagged Cristiano Ronaldo, Lisboa, Mobitto, starfunding 1 Comment


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"Blood is only one tie. We have made others - as men and friends..."
- Beauregard Fischer, Feast of Dreams
|Feast of Dreams
Feast of Dreams continues where Feast of Fates left off. the stakes involved have increased in this second volume as new players are introduced and familiar ones are encountered once more. the plot has thickened as well and there were more twists and revelations that i never saw coming. new alliances are forged as old ones are broken off. secrets are brought to light and mysteries that i thought were resolved beget more wonders.
it may appear to the reader that a large part of the novel is steeped in darkness and uncertainty over an impending war. yet within this dim and grim scenario are seen glimmers of light and hope as our major protagonists display awe-inspiring fortitude, patience, and determination. even at the hands of their adversaries or with death staring them in the face, these men and women would always forge ahead. later, i realized two themes that were central to the whole novel and the reason why our heroes never gave up despite the whimsical forces swirling around them - love and family. these themes were there all the time and i failed to recognize their worth and their power until the very last chapters. even the villains were not exempt from their potency.
Christian A. Brown has woven a worthy literary sequel. the writing is as constant and flawless as ever. i continue to be mesmerized and impressed by his unique style of blending prose and poetry and by his fertile imagination.
savoring this second feast only made me whet my appetite for more and i look forward to the next books in the Four Feasts Till Darkness series!
*Feast of Dreams is available in print and digital editions at Amazon and CreateSpace. for more information about Christian A. Brown and his work, please visit www.christianadrianbrown.com and follow him on Twitter, Facebook, Google+ and Goodreads. read more information about the Feast of Dreams HERE. check out the book trailer and other details of the first book, Feast of Fates HERE and read my review HERE.
my personal rating is:
Feast of Dreams contains material suitable for adult readers only.
Disclosure of Material Connection: i received a copy for review. i did not receive any payment in exchange for this review nor was i obligated to write a positive one. all opinions expressed here are entirely my own and may not necessarily agree with those of the author, the book's publisher and publicist or the readers of this review. this disclosure is in accordance with the Federal Trade Commission's 16 CFR, Part 255, Guides Concerning the Use of Endorsements and Testimonials in Advertising.


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I'm finding there's no solace in the fact that it's Friday and the weekend is here.
Grab yourself a mug of tea and smile🙂
This poem is how I feel today. This is how I've felt all week. And though I can't run away or get in my car and drive forever without knowing where I'm going, and though I can't escape my own life or pretend to be someone else, it doesn't mean that I don't wish I could, even just for the weekend. I also know everyone out there has felt this way at some point or another, feel utter shame or sadness or overwhelmed or trapped in your own life. I'm comforted to know I'm not alone in that. I feel strong that I can admit I feel this way and I'm thankful I can use poetry to work through it.
Sometimes the hardest conversations to listen to are the ones between your own heart and head.
Life's busy as always. I'm thankful for the few brief minutes today that I took for myself to do a little writing. I wish you all a happy Tuesday!
I moved back in with my parents about a year ago during a time of transition in my life. They've been out of town since Wednesday, so I'm relearning what it's like to be alone in a house. I often get freaked out at night when the quiet of the day settles into my bones. I crave the peace of mind to know there's someone else there, as if their presence alone will protect me from whatever creeps in the shadows in my bedroom.
But the silence of the morning is refreshing. I'm enjoying the solitude, slowing down a little, not in a rush to go anywhere, allowing myself to unwind in the stillness, to feel the sunshine, to listen to my thoughts. I hope you find a moment this weekend to do the same.
This poem is inspired by "She Used to Be Mine" by Sara Bareilles. There's something about writing in the 3rd person that felt freeing, an honesty to it. After all, it's not about me. It's about someone else.
I just finished writing a research paper and I feel like my eyeballs are going to fall out of my head. Not sure if I should cry, go run 3 miles, eat a whole pizza, or sleep. I guess it's all worth it in the name of getting that Master of Science degree…
I wrote this poem this past weekend after watching the movie "Wild." I slipped out to the front porch for a couple minutes and as soon as I came back inside this poem poured out of me in about 20 seconds. It's been awhile since I've felt such intense inspiration. I wish all writing were that easy (writing a research paper perhaps).
Goodnight my friends.
–Leanne Rebecca
Inspired to tears.
Sometimes on a Friday night, even when you're tired and worn, and even when it's late and no one else in your house is awake, you still find inspiration. You're not sure from where, because your brain is dead and your back is sore and you're slightly sad for no reason and way too sober. You find a poem in the nothing and that's pretty cool.
One of these days I'm going to assemble all of the commentary I've written on here. I bet I'll find many poems hidden there too amidst the blocks of unrefined text.
By the way, apparently my last post was my 500th poem. I got a notification on my phone shortly after I published it. Cheers to 501 poems on She's in Prison. Thanks for sticking around for the journey.
—Leanne Rebecca


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Playford Kindergym received a $5000 grant from the office of Rec and Sport last year. We were able to upgrade our matting and get a few new pieces of Read more
Each week the equipment is set-up to enhance the theme and DMP that we are working on. Read more
By encouraging children to hang and swing we are helping to build strength in their upper bodies and core muscles. Read more
Play Outside too! On those nice days we can open our doors and have equipment and a playground outside Read more


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Arizona has more than 90 illegal tunnels under its border with Mexico, the most discovered in any state in the Southwest, law enforcement officials told senators this week.Read More »
Homeland Security extends National Guard border deployment to Sept. 30
The Obama Administration is keeping the National Guard on the U.S.-Mexico border for at least another three months where the soldiers support the Border Patrol by watching for people sneaking across the border.Read More »
Chamber of Commerce outlines 'Steps to a 21st Century U.S.-Mexico Border'
The U.S. Chamber of Commerce laid out a coordinated border plan Wednesday that calls for combined improvements in infrastructure, security, immigration policies and trade, instead of the current piecemeal approach.Read More »
Arizona-Mexico Commission holding first session since SB1070
After two cancelled meetings and more than a year of controversy, the Arizona-Mexico Commission will hold its first plenary session since the advent of SB1070.Read More »
Sheet metal border fence in Nogales comes down
The old sheet-metal border fence in downtown Nogales is coming down. It's being replaced by a see-through, vertical post-style fence.Read More »
Nogales-based businessmen to legislators: Please help convince feds to put more resources on Arizona ports
Arguing that ports of entry have been overlooked as the federal government beefs up security along the US-Mexico border, Nogales-based businessmen pressed Arizona legislators on May 25 for help in persuading the federal government to provide more funding to ease congestion at the states' legal gateways.Read More »
Horne to Congress: lack of federal presence at border means increased criminal activity
Arizona Attorney General Tom Horne plans to testify in Washington on Wednesday during a congressional hearing on border security.Read More »
Border security laws may not secure very much
Like a fancy new car that just sits in the garage because the owner can't afford to pay the insurance, cash-strapped Arizona may not have many opportunities to use two border security measures the Legislature passed.
Senate Bill 1495 authorizes the governor to establish the Arizona State Guard, which would be independent from the Arizona National Guard and under the exclusive control of the state, for any reason. And SB1406 gives a border security committee the green light to raise private funds to build a fence along the border.
Report: Mexican children vulnerable at border
Mexican children illegally crossing the border alone remain vulnerable to drug cartels, gangs and other dangers because a 2-year-old law designed to protect them is not being executed well, advocates from the U.S. and Mexico said in a report released Wednesday.Read More »
Brewer wants Guard's stay at border extended
Arizona Gov. Jan Brewer has asked President Barack Obama to extend the National Guard's stay at the state's border with Mexico instead of ending the deployment in two months.Read More »


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"The Ducks shoot a 14-under total in the final round in Tucson to earn a spot in the field at Eugene Country Club.", www.oregonlive.com
Please enjoy the site during our beta phase and provide us with feedback on suggestions and issue details. Please remember that we are still in beta and there will be issues and site changes during this time.
Newsclip® the leading Online Social Newspaper, find trending articles through Social News Discovery®!
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text:
Touka animation
- Size: 640px
- Quality: High
- Size: 12.42 MB 319.69 KB
This Gif entitled Touka animation was created from the youtube video 2 years ago. It uses 18 frames per second and is displayed at 640px resolution. This animated image plays for 5 seconds, was built with high quality and an estimated weight of 12.42 MB for download. This animation was originally created from the Tokyo Ghoul - Touka wants to kill Kimi video from 01:48 to 01:53.
Flag This GifSend


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Mr Gamrat, London
Bairstow Eves were efficient, professional and extremely courteous, right through to completion. Going beyond what one would expect from any estate agent.
It is important to note that this mortgage calculator is for guidance purposes only. Mortgage lenders have their own affordability criteria therefore it is important you speak to one of our Mortgage Advisers for further information and a more accurate indication of what products may be available to you and what your monthly mortgage payments are likely to be.
This bay fronted property comprises a generous dining kitchen, lounge, downstairs shower room and WC/utility, with the first floor comprising two further bedrooms plus a further bathroom (or possible bedroom three). Externally there is off-road parking to the front and an attractively designed rear garden which comprises a decked seating area with attached outbuildings and further lawned area beyond.
Contact branch for relevant Energy Performance Certificate


text:
T-Data Ltd.
time and attendance, Time clocks, time keeping
The TIMY-System offers innovation to small and medium sized companies who wish to move away from paper based timesheets or traditional clocking-in machines that utilise time cards. The TIMY-System is extremely easy to implement and can be installed and running in less than ten minutes, including all hardware and software items. The software is based on Excel and does not require programming knowledge or experience.After a short period of use, benefits will be found in greatly increased time recording accuracy and very fast payroll administration. Long hours previously spent in collating and consolidating employees hours into meaningful payroll data can now be reduced to an hour, or less, each payroll period.
Print this page
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text:
Use this control to limit the display of threads to those newer than the specified time frame.
Allows you to choose the data by which the thread list will be sorted.
Order threads in...
Note: when sorting by date, 'descending order' will show the newest results first.
Forum Rules
Of course, you can replace the...
You know, iphone battery at low...
Very practical. Thank you!
well. It is what I need!
I am very helpful, very grateful!


text:
Google now offers Play Music family plan priced at $14.99 per month for up to six listeners
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Counter for business or shop
Vincent, Amatole, Eastern Cape Added at 19:43, 16 October 2016, Ad ID: 1005518099
Counter for business or shop, three person work station with power points and LED lights. Contact me via e-mail or whatsapp if interested.
User Ads Terry
Terry On site since Oct 2016 See their other ads Terry has verified:


text:
Home /
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/ FAQs /
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looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, S.D. New York
August 31, 2005.
CLALIT HEALTH SERVICES, Plaintiff,
ISRAEL HUMANITARIAN FOUNDATION, Defendant.
In this diversity action for breach of contract and declaratory
relief, two not-for-profit entities dispute entitlement to
certain bequests of two estates. Before the Court are
cross-motions for partial summary judgment. For the reasons that
follow, both motions are granted in part and denied in part.
A. The Facts
The facts have been described in detail in two prior memorandum
decisions, Clalit Health Services v. Israel Humanitarian
Foundation, No. 02 Civ. 6552 (DC), 2003 WL 22251329, at **1-2
(S.D.N.Y. Sept. 30, 2003) ("Clalit I"), and Clalit Health Services v. Israel Humanitarian Foundation, No. 02 Civ.
6552 (DC), 2004 WL 2199505, at **1-4 (S.D.N.Y. Sept. 29, 2004)
("Clalit II"). Familiarity with Clalit I and Clalit II is
assumed. A brief background and additional facts pertinent to
this motion are detailed below.
1. The Parties
Plaintiff Clalit Health Services ("Clalit") is a not-for-profit
corporation existing under the laws of Israel, with its principal
place of business in Israel. (Aviram Decl. ¶¶ 2-3). Clalit
provides medical and health care services in Israel. (Id. ¶ 2).
Defendant Israel Humanitarian Foundation ("IHF"), formerly known
as Israel Histadrut Foundation, is a not-for-profit corporation
organized under New York law, with its principal place of
business in New York. (Def.'s 56.1 Statement Ex. 1).*fn1 IHF
is a charitable foundation that solicits and administers
charitable donations for diverse humanitarian causes. (Id.).
From its inception until 1996, IHF raised money to provide
assistance to Histadrut, a social organization started in Israel
in 1920 that provided social services, including medical
services, to its members. (Id. ¶¶ 1, 4; Am. Compl. ¶
10).*fn2 The medical arm of Histadrut was Clalit, so money
raised by IHF for medical services in Israel was, until that time, invariably given
by IHF to Histadrut and, in turn, by Histadrut to Clalit. (Abrams
Decl. ¶¶ 3-5, 7). There was no contractual relationship between
Clalit and IHF. (Id. ¶ 6).
In January 1995, a new health insurance law became effective in
Israel that guaranteed medical care to all residents by using
payroll deductions to fund four designated service providers, the
largest of which is Clalit. (Aviram Decl. ¶ 3). As a result of
the new law, Clalit no longer receives funding from the
Histadrut. (Def.'s 56.1 Statement ¶ 8). In addition, residents of
Israel no longer need to be members of Histadrut to be members of
Clalit, as was previously the case. (Aviram Decl. ¶ 3).
This changed the relationship IHF had with Histadrut, and in
turn its relationship with Clalit. (Id. ¶ 6; Abrams Decl. ¶¶
12, 13, 14, 15). Whereas before IHF had raised money exclusively
for Histadrut (that, when earmarked for medical services, would
be given by Histadrut to Clalit), IHF began to bypass
Histadrut*fn3 and enter into agreements with individual
charitable entities in Israel, including Clalit. (Def.'s 56.1
Statement ¶¶ 13, 14). On September 9, 1996, IHF and Clalit
entered into a "memorandum of understanding" (the "MOU") that
governed the terms of IHF's ongoing fundraising efforts for
Clalit. (Id. ¶ 14). Most importantly for purposes of this lawsuit, the MOU required IHF to "transmit . . . to [Clalit] . . .
the contributions and bequests which IHF receives on its
behalf." (MOU ¶ 5).
The MOU also required IHF to disclose to Clalit the following:
(1) regarding "prior" bequests, "[a] list of bequests to [Clalit]
and/or its facilities currently on file with the IHF . . .
including the recipient institution, department, etc., and the
outright amount and/or percentage of bequest" (id. ¶ 7(d)); (2)
"copies of all documents relating to bequests, executed wills,
charitable remainder trusts, perpetual trusts and/or annuities of
every type, as well as all chattel and/or real properties of
every type, naming [Clalit] and/or any of its facilities as donee
and/or beneficiary" (id. ¶ 8); (3) "in the case of segregated
endowment funds, all relevant information regarding the time
period of the trust, the income per annum and the principal
amount at the conclusion of the period" (id. ¶ 9); and (4) "if
requested, an accounting and all relevant information regarding
estates in probation in which [Clalit] is named as beneficiary in
whole or in part, including total and final distribution figures
of said estates." (Id. ¶ 10).
2. The Berlin Will
On or about July 27, 1984, Leon Berlin executed a will (the
"Berlin Will") in California. (Berlin Will at 1). Berlin died on
June 21, 1999. (Def.'s 56.1 Statement ¶ 46). The Berlin Will
makes eight specific bequests, in amounts ranging from $5,000 to
$20,000, and then provides: I give the residue of my estate, after payment of
taxes as directed in the clause entitled Death Taxes,
to the charitable beneficiary named below, provided
that on the date of my death it is an organization
described in section 2055(a) of the Internal Revenue
Code. If it is not an organization so described, I
give the residue as follows:
Charitable beneficiary: ISRAEL HISTADRUT FOUNDATION,
INC., whose present address is 8455 Beverly
Boulevard, Los Angeles, California.
Alternative distribution: To Jewish Charities for the
education of underprivileged, needy and deserving
children in Israel, which charities are to be
selected by my Executor.
I request that said gift, be used, if possible, by
the ISRAEL HISTADRUT FOUNDATION, INC., as follows:
(1) Twenty-Five percent (25%) of said gift to be
directed for use at the Histadrut Carmit Children's
Village in Jerusalem, Israel, and Children's Village
of Histadrut at Tivon, Haifa, Israel;
(2) Twenty-five percent (25%) of said gift to be used
to establish scholarships in the names of my late
parents HYMAN BERLIN and REBECCA BERLIN, for needy
and deserving children through the Histadrut
Scholarship Fund;
(3) Twenty-five percent (25%) of said gift to be
directed for use by the KUBAT [sic] HOLIM for general
pediatric purposes;
(4) Twelve and one-half percent (12½%) of said gift
is to be directed to the HISTADRUT AMAL EDUCATIONAL
SYSTEM; and
(5) Twelve and one-half percent (12½%) of said
gift is to be directed for use at KAPLAN HOSPITAL in
Rehovot, Israel, and used, if possible, for cancer
research in the department of Dr. Zvi Bentwhich.
Each use of this residuary gift is to be commemorated by a plaque or other testamentary
acknowledgment in the names of my late parents HYMAN
BERLIN and REBECCA BERLIN.*fn4
3. The Nower Trust
Joseph Nower executed a revocable living trust on March 16,
1992 (the "Nower Trust"). (Id. ¶ 29). Elaine Levitt, the former
national sales director of IHF, is listed as one of the trustees
of the Nower Trust. (Id. at ¶ 17; Nower Trust at 1, 7). The
trust document does not indicate that Levitt was appointed in her
capacity as an IHF employee. Nower directed that upon his death
all property then belonging to the income or
principal of the Trust shall be distributed as
. . .
(2) The Entire Trust Corpus and all accumulated
income shall be distributed and paid over as soon as
reasonably possible as law and good administration
will permit to the Israel Histadrut Foundation . . .
for the express benefit and general use in Israel of the
Kupat Holim Hospitals in Israel and for no other
purpose and said charitable foundations should not
use the funds domestically.
Nower died on February 18, 1999. (Def.'s 56.1 Statement ¶ 57).
A court-appointed guardian prepared a final accounting of Nower's
assets and found that none of Nower's assets had been placed in
the Nower Trust. (Id. ¶ 59). In addition to furniture, personal
possessions, a condominium, and a State of Israel bond, Nower's
assets consisted primarily of certificates of deposit that were
held in "In Trust For" ("ITF") accounts for IHF. (Id.). The
guardian, after securing an order from a Florida probate court,
distributed the ITF account proceeds to IHF in the spring of
1999. (Id. ¶ 61 & Ex. 32). IHF received somewhere between
$588,000 and $606,972.22 from the ITF accounts. (Id. ¶ 62;
Pl.'s 56.1 Statement ¶ 37). IHF did not transfer any of the
proceeds it received from the ITF accounts to Clalit. (Pl.'s 56.1 Statement ¶ 38).
B. Procedural History
Clalit filed this action on August 16, 2002. On November 14,
2002, IHF moved to dismiss the original complaint in part for
lack of subject matter jurisdiction under the Declaratory
Judgment Act and for failure to state a claim. On September 29,
2003, that motion was granted in part and the complaint was
dismissed in part. On January 9, 2004, Clalit filed an amended
complaint. On March 11, 2004, IHF moved to dismiss portions of
the amended complaint for failure to state a claim. On September
28, 2004, that motion was granted in part and the amended
complaint was dismissed in part.
The remaining claims include allegations that IHF breached the
MOU when it (1) directed funds derived from the Berlin and Nower
estates to non-Clalit entities, and (2) failed to produce
documents and transfer funds from other bequests that name
Clalit. (Am. Compl. ¶¶ 59, 60). Also remaining are claims for a
declaratory judgment that the MOU obligates IHF to (1) transfer
to Clalit "all monies that were donated or bequeathed to IHF that
named Clalit or a Clalit program or facility as the intended
recipient of the Bequest, for Clalit's benefit, whether
bequeathed prior to or after September 9, 1996"; (2) account to
Clalit regarding all estates in probate and all bequests intended
for Clalit; and (3) provide information pursuant to paragraphs
7-10 of the MOU. (Am. Compl. ¶ 64).
Following discovery, on March 3, 2005, and April 4, 2005, respectively, IHF and Clalit filed cross-motions for
partial summary judgment. IHF moves for summary judgment
dismissing the claims alleging breach of contract with respect to
the Berlin and Nower Estates and one of the claims seeking
declaratory relief.*fn6 Clalit moves for summary judgment as
to its breach of contract claims with respect to the Berlin and
Nower Estates. For the reasons that follow, both parties' motions
are granted in part and denied in part.
A. Summary Judgment Standard
Summary judgment will be granted when "there is no genuine
issue as to any material fact and . . . the moving party is
entitled to a judgment as a matter of law." Fed.R.Civ.P.
56(c); see Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,
475 U.S. 574, 585-87 (1986). Accordingly, the court's task is not
to "weigh the evidence and determine the truth of the matter but
to determine whether there is a genuine issue for trial."
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986).
Summary judgment is inappropriate if, resolving all ambiguities
and drawing all inferences against the moving party, there exists
a dispute about a material fact "such that a reasonable jury
could return a verdict for the nonmoving party." Id. at 248; accord
Bay v. Times Mirror Magazines, Inc., 936 F.2d 112, 116 (2d Cir.
To defeat a motion for summary judgment, however, the nonmoving
party "must do more than simply show that there is some
metaphysical doubt as to the material facts." Matsushita Elec.
Indus., 475 U.S. at 586. There is no issue for trial unless
there exists sufficient evidence in the record favoring the party
opposing summary judgment to support a jury verdict in that
party's favor. Anderson, 477 U.S. at 249-50. As the Court held
in Anderson, "if the evidence is merely colorable, or is not
significantly probative, summary judgment may be granted." Id.
(citations omitted).
B. Breach of Contract
1. Elements of a Breach of Contract Claim
For a contract to be valid under New York law,*fn7 there
must be an offer, acceptance, and consideration. Oscar Prods.,
Inc. v. Zacharius, 893 F. Supp. 250, 255 (S.D.N.Y. 1995)
(citation omitted). To prevail on a claim for breach of contract
under New York law, a plaintiff must prove "(1) the existence of
an agreement between the plaintiff and defendant; (2) due
performance of the contract by the plaintiff; (3) breach of the
contract by the defendant; and (4) damages resulting from the breach." Tagare v. NYNEX Network Sys. Co., 921 F. Supp. 1146,
The parties here do not dispute that the MOU is an enforceable
contract. Rather, they dispute whether IHF breached the MOU when
it declined to turn over to Clalit a portion of the funds it
received from the Berlin and Nower bequests. Resolution of this
dispute depends on whether the funds were left to IHF "on
Clalit's behalf," an issue that requires the Court to interpret
the written instruments in question.
The residuary Berlin estate was left to IHF, with a portion to
be "used, if possible, by [IHF], as follows": 25% to "Kubat [sic]
Holim for general pediatric purposes," and 12.5% "for use at
Kaplan Hospital in Rehovot, Israel, and used, if possible, for
cancer research in the department of Dr. Zvi Bentwich." (Berlin
Will at 3-4). The MOU obligates IHF to transmit to Clalit all
funds that IHF received "on [Clalit's] behalf." (MOU ¶ 5). Thus,
to determine whether IHF breached the MOU when it declined to
transmit the Berlin funds to Clalit, it is necessary first to
ascertain whether IHF received the funds on Clalit's behalf. IHF
argues here, as it did in Clalit II, that the proceeds it
received from the Berlin Will were not received on Clalit's
behalf because the language Berlin used "I request that said
gift, be used, if possible" was merely precatory, and therefore
IHF was entitled to use its discretion as to the use of the funds. See Def.'s Mem. of Law at 15-20. I
IHF is correct that in some cases an expression of a request or
a desire by a testator will result in a merely precatory trust
that is not binding on the beneficiary. For example, in In re
Estate of Moore,*fn9 the court wrote that "[w]ords of
request, recommendation and the like will be interpreted as
mandatory when they are addressed to an executor, but only as a request i.e., in their actual precatory sense if addressed to
a devisee." 61 Cal. Rptr. 722, 725 (Cal.Ct.App. 1967). It is
equally true, however, that the use of precatory language will
not result in a precatory trust in all cases. "Precatory words
may or may not create a trust, according as they are used, and
whether, in any particular will, they have been used for this
purpose will depend upon the construction to be given to that
will." In re Mitchell's Estate, 117 P. 774, 775 (Ca. 1911).
Thus, Berlin's use of the word "request" as opposed to a
mandatory verb such as "direct" is not dispositive. Rather, the
Berlin Will as a whole is subject to the "cardinal rule" of will
interpretation, which is to "ascertain the intention of the
testator." In re Mitchell's Estate, 117 P. at 775.*fn10 In
In re Estate of Moore, a case relied upon by IHF, the court
found that the testator created a merely precatory trust when she
left her estate to her daughter and then "request[ed]" that "my said daughter VIRGINIA M. KWASKY shall distribute such
portion or portions of my estate which I have heretofore left to
either my daughter Versuslaw VERYL SERPA and my grand-daughter LINDA
SERPA, as in her opinion shall be reasonable and necessary."
61 Cal. Rptr. at 723-24 (emphasis added). The court found that this
language might have created a "moral obligation," but not a legal
one, because the language did not impose "mandatory duties."
Id. at 724-25. Indeed, the daughter in Moore was explicitly
given discretion to do what she believed was "reasonable and
Here, by contrast, the Berlin Will specifically identifies
Clalit facilities as the ultimate intended beneficiaries, down to
the precise percentage of the residual estate that each Clalit
facility was to receive. Though certainly not a model of
draftsmanship, the language employed in the Berlin Will
sufficiently evinces an intent to devise a specified portion of
the residuary estate to Clalit facilities. There is no qualifying
language such as in Moore that suggests that Berlin only
intended IHF to distribute the money to Clalit if, in IHF's
judgment, the distribution was "reasonable and necessary," nor
has IHF pointed to any extrinsic evidence to suggest that Berlin
intended anything other than for the specified portion to go to
Clalit. Given the plain and unambiguous language of the MOU that
requires IHF to turn over to Clalit all requests received on its
behalf, a reasonable jury could only conclude that IHF was
obligated under the MOU to distribute the specified portion of the Berlin Will proceeds to
Clalit. Accordingly, summary judgment is granted to Clalit on its
breach of contract claim against IHF regarding the Berlin Will,
and IHF's motion for summary judgment on this claim is
Nower executed a living trust in 1992, directing that upon his
death "all property then belonging to the income or principal
of the Trust" be paid to IHF "for the express benefit and general
use in Israel of the Kupat Holim Hospitals in Israel and for no
other purpose and said charitable foundations should not use the
funds domestically." (Nower Trust at 6) (emphasis added). As
noted above, the MOU required IHF to transmit to Clalit all funds
that IHF received "on [Clalit's] behalf." (MOU at ¶ 5). Thus, had
the trust been funded, IHF would have been required to transmit
the trust corpus to Clalit. As explained above, however, the trust was never funded. Clalit nevertheless
argues, without any citation to the record, that summary judgment
for IHF is inappropriate because Nower's assets "should have been
maintained in the name of the Nower trust," and that they were
"mistakenly held by Nower in trust for IHF." (Pl.'s Mem. of Law
at 21). This assertion, standing alone as it does, does not
create an issue of material fact. It is well-established that
such "conclusory statements, conjecture, or speculation are
inadequate to defeat a motion for summary judgment." Woodman v.
WWOR-TV, Inc., 411 F.3d 69, 85 (2d Cir. 2005) (citations
Clalit also argues that IHF is not entitled to summary judgment
despite the fact that the Nower Trust was never funded because
IHF through its employee Levitt, who served as a trustee had
a duty to ensure that the trust was funded. Although there is no
indication in the trust document that Levitt was to serve as
trustee as an agent for or representative of IHF, Clalit points
to evidence in the record that Levitt was a trustee within her
scope of employment because part of her job at IHF was to
cultivate relationships with potential donors. For example, at
her deposition Levitt testified as follows:
Q. How did you build your relationships with your
A. The way I would build a relationship with a
friend. I found out what was interesting about them
and they found out what was interesting about me. We
liked each other. Otherwise they didn't deal with me.
Many people walked away. . . . Those that stayed with
me, they stayed because they appreciated my honesty and my integrity[.]
It is well established that the transfer of identifiable
property is required for the creation of a trust. See
Restatement (Third) of Trusts § 10 (explaining that trust may be
created by "a transfer inter vivos by a property owner to another
person as trustee for one or more persons," or by "a promise . . .
that creates enforceable rights in a person who immediately or
later holds those rights as a trustee, or who pursuant to those
rights later receives property as a trustee"); see also In re
Herskowitz's Estate, 338 So. 2d 210 (Fla.Dist.Ct.App. 1976)
("It is well established that to constitute a valid trust there must be . . . property to which the trust may
and does pertain[.]"); Grapes v. Mitchell, 159 So. 2d 465, 469
(Fla. 1964) (explaining that for trust to be valid it must have
"a definite subject matter"); In re Craft's Estate,
320 So. 2d 874, 875 (Fla.Dist.Ct.App. 1975) (same); Fraser v. Lewis,
187 So. 2d 684, 687 (Fla.Dist.Ct.App. 1966) (same);*fn13
see also Black's Law Dictionary 1509 (6th ed. 1990) (listing as
essential element of trust "actual delivery to trustee"). Here,
it is undisputed that the trust that Nower purported to create
was never funded. Rather, Nower held the disputed funds in
certificates of deposit that were held in "ITF" accounts for IHF.
Under Florida law, this created a so-called "Totten trust," a
tentative trust revocable at will by the depositor until he dies,
at which time ownership vests in the donee, which in this case
was IHF. See, e.g., Saporta v. Saporta, 766 So. 2d 379, 380 &
n. 1 (Fla.Dist.Ct.App. 2000). It was for this reason that the
court-appointed guardian was ordered to distribute the accounts
to IHF. (Def.'s 56.1 Statement Exs. 31 & 32).
Nonetheless, Clalit argues that IHF received the money from the
accounts "on behalf of" Clalit because "IHF would never have
received any money at all from Nower but for Nower's decision to
leave his assets through IHF to Clalit and no one else." (Pl.'s
Mem. of Law at 21). But, apart from the unfunded trust itself, Clalit is unable to point to any fact in the record
to indicate that Nower intended the ITF accounts to go to Clalit,
or that Nower did not intend for that money to go to IHF.
Moreover, far from being able to point to identifiable property
or a definite subject matter of the trust, Clalit is left to
speculate that perhaps Nower intended to fund the trust with some
unspecified portion of the funds from the ITF accounts. This
speculation is insufficient to defeat summary judgment. If Nower
had wanted to give the funds to IHF for Clalit's behalf, he could
have easily funded the trust. Instead, he deposited the funds
into the ITF accounts without any indication that he was doing so
for the benefit of Clalit.
On this record, I hold that no reasonable jury could find that
Clalit is entitled to any portion of the disputed Nower funds,
which as a matter of law became the property of IHF upon Nower's
death. Thus, IHF's motion for summary judgment on this claim is
granted, and Clalit's motion is denied.*fn14
4. Failure to Account and Provide Documents
Finally, the amended complaint also asserts a claim that IHF breached the MOU "by failing to account and provide
documents and information called for under the MOU" (Am. Compl. ¶
60), presumably with respect to bequests other than those of
Berlin and Nower. Neither party has moved for summary judgment on
this claim. Nevertheless, in light of the extensive discovery
that has taken place in this case after the Court ordered IHF to
produce all documents pertaining to bequests directed for any
medical or health purpose in Israel (even if they did not
specifically name Clalit), and Clalit having failed to identify
any particular bequest with respect to which IHF has failed to
provide the allegedly required information, the Court concludes
that this claim is now moot. It is therefore dismissed.
C. Declaratory Judgment Claims
The Declaratory Judgment Act "permits declaratory relief only
in cases presenting `actual controvers[ies],' . . . a requirement
that incorporates into the statute the case or controversy
limitation on federal jurisdiction found in Article III of the
Constitution." Niagara Mohawk Power Corp. v. Tonawanda Band of
Seneca Indians, 94 F.3d 747, 752 (2d Cir. 1996) (citations
omitted). "For a court to have subject matter jurisdiction over a
declaratory judgment action, there must be `a substantial
controversy, between parties having adverse legal interests, of
sufficient immediacy and reality to warrant the issuance of a
declaratory judgment.'" Id. (citation omitted).
There is "no bright line rule for determining `whether the
dispute presents a substantial controversy or merely an abstract question'. . . . Instead, courts must decide whether a
justiciable controversy exists `on a case-by-case basis.'" Am.
Pioneer Tours, Inc. v. Suntrek Tours, Ltd., No. 97 Civ. 6220
(DLC), 1998 WL 60944, at *2 (S.D.N.Y. Feb. 13, 1998) (quoting
Kidder, Peabody & Co. v. Maxus Energy Corp., 925 F.2d 556, 562
(2d Cir. 1991)). Finally, the Court has discretion as to whether
to grant declaratory relief. Wilton v. Seven Falls Co.,
515 U.S. 277, 288 (1995); see also 10B Charles Alan Wright et al.,
Federal Practice and Procedure § 2759 (1998) ("[I]t is well
settled by a multitude of cases that the granting of a
declaratory judgment rests in the sound discretion of the trial
Here, IHF seeks summary judgment on Clalit's claim for a
declaratory judgment that the MOU obligates IHF to (1) transfer
to Clalit "all monies that were donated or bequeathed to IHF that
named Clalit or a Clalit program or facility as the intended
recipient of the Bequest, for Clalit's benefit, whether
bequeathed prior to or after September 9, 1996." (Def.'s Mem. of
Law at 26) (citing Am. Compl. ¶ 64(b)). IHF argues that this
claim does not present an actual controversy because it
necessarily requires the Court to decide "in a vacuum" the intent
of various testators whose wills are not before the Court.
(Def.'s Mem. of Law at 27). Clalit, for its part, asserts that a
justiciable controversy exists because there are "existing but
not yet consummated bequests that have been made through IHF on
behalf of Clalit," and it seeks to have the Court "clarify and
settle the legal relations between the parties." (Pl.'s Mem. of Law at 22).
I find it unnecessary to decide whether this claim presents an
actual controversy, because even assuming that it did I would
decline to grant the sought-after relief. As the Supreme Court
has stated,
By the Declaratory Judgment Act, Congress . . .
created an opportunity, rather than a duty, to grant
a new form of relief. . . . Consistent with the
nonobligatory nature of the remedy, a district court
is authorized, in the sound exercise of its
discretion, to stay or to dismiss an action seeking a
declaratory judgment before trial. . . . In the
declaratory judgment context, the normal principle
that federal courts should adjudicate claims within
their jurisdiction yields to considerations of
practicality and wise judicial administration.
For the reasons set forth above, the cross-motions for summary
judgment are granted in part and denied in part. Summary judgment
is granted to Clalit on its claim that IHF breached the MOU with
respect to the Berlin Will, and IHF's motion for summary judgment
on that claim is denied. Summary judgment is granted to IHF dismissing the Nower and failure-to-account claims, and
Clalit's motion for summary judgment on the Nower claim is
Remaining are two claims for a declaratory judgment that the
MOU obligates IHF to (1) account to Clalit regarding all estates
in probate and all bequests intended for Clalit; and (2) provide
information pursuant to paragraphs 7-10 of the MOU. (Am. Compl. ¶
Counsel for the parties shall appear for a pretrial conference
on September 21, 2005, at 10:30 a.m. in Courtroom 11A of the
United States Courthouse at 500 Pearl Street, New York, New York.
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2016-2017 Vendor Partnership Opportunities
Thank you so much for your invaluable time and attention on Wednesday afternoon. We hope we were able to present some new and exciting things going on at Remke Markets, as well as share some great opportunities for you to partner with us to grow our sales together.
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After seven years full of close calls, Northeast native Chris McNesby led Roman basketball to league and state championships.
Sisters Ally and Kelley McHugh are bringing serious recognition to the Little Flower swim program.
Following a distracted season in which her mother battled cancer, Little Flower's Emily Shellenberger is re-focused on softball.
Needless to say, last softball season was anything but normal for Archbishop Ryan.
The Times takes a look at the basketball winners to be honored at this year's Northeast Sports Awards Banquet.
The MaST Community Charter School middle school boys basketball team completed an undefeated season by winning the championship with a 61-51 victory over Northwood Academy Charter School.
Registration open for basketball tournament
Tacony heavyweight Joey Dawejko needed just 27 seconds last Friday to knock out Enobong Umohette in a boxing match at 2300 Arena in South Philadelphia.
Sophomore forward Natalie Kucowski, a Mayfair native, scored seven points, grabbed 10 rebounds, blocked five shots and dished four assists in an opening-round state playoff win over Philadelphia Academy Charter.


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Sunday, November
13, 2016
2:30 - 5:30pm
Down Under Yoga
306 Walnut Street
Newton, MA 02445
Tension From The Neck And Upper Body
with Barbara Benagh
Far too many of us know first hand the aches
of tension in the neck and upper body and just want
it to go away! In this class we will identify and ease
common holding patterns and misalignments and explore,
actively and passively, ways to restore peace to the
upper body. If you're one of those folks who carries
all your worries and stress in your neck and shoulders
this workshop is for you! Think of it! Hours spent undoing
those tight muscles!
Sunday, January 8, 2017
1:15 - 4:15pm
Down Under Yoga
1054 Beacon St,
Brookline, MA 02446
the Inside Out with Barbara Benagh
Yoga marries the physical body, maintained bio-mechanically,
and the body of the mind, described in abstract concepts
that are more elusive. The mind is accessed by re-awakening
the feeling tone of the senses that echo from the deepest
part of ourselves. This class will explore active and
passive asana guided by the breath, the thread that marries
the physical to the conscious mind.
Sunday, April 2, 2017
1:15 - 4:15pm
Back with Barbara Benagh
For many of us, backbends are daunting. As one student
told Barbara, "My approach to backbends is to
not do them." If this sentiment resonates then
this workshop is for you! Inspiring backbends require
patience and perseverance. With a bit of guidance and
coaxing you too can sneak up on backbends to enjoy and
benefit from them. Did you know that backbends could
be therapeutic for the lower back? We'll look
at that too.
Sunday, April 30, 2017
1:15 - 4:15pm
Power of Slow Flow with Barbara Benagh
Modern life is a hurried affair. Let your practice become
a sanctuary of slow, conscious movement that is soothing
and, yet, very physical. Our muscles are challenged in
a very different way when required to support action without
any assistance from momentum. Treat yourself to a luxurious
and potent afternoon.
Sunday, June 4, 2017
1:15 - 4:15pm
the Asymmetric Body with Barbara Benagh
In the practice of hatha yoga much attention is paid
to "right" alignment. One might think this
is in the pursuit of linear symmetry, however, we humans
are in a constant state of going with the flow and learning
how to navigate a far more fluid hold on alignment. In
this class the focus will be on moving with the inner
currents that keep alignment from becoming overthought
and rigid and, instead, become guides toward fluidly adapting
to the form of asana. Spinal twists are particularly well
suited for this exploration and will be given emphasis
as Barbara encourages a re-thinking, of sorts, as we move
and feeling these wonderful poses and go with the flow.