alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jo Ann Martin et al., Appellants, v Wilson Memorial Hospital, Inc., Respondent.

[767 NYS2d 675]

Mercure, J.P

Appeal from an order of the Supreme Court (Dowd, J.), entered November 11, 2002 in Chenango County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Jo Ann Martin (hereinafter plaintiff) and her husband, derivatively, seek to recover for injuries to plaintiffs *939back and right leg sustained when she allegedly tripped and fell upon a deteriorated portion of the sidewalk abutting defendant’s property. Following joinder of issue, defendant moved for summary judgment. Supreme Court granted defendant’s motion and dismissed the complaint, concluding, among other things, that plaintiffs’ evidence regarding the cause of the fall was speculative. Plaintiffs appeal.

We affirm. “[F]ailure to prove what actually caused a plaintiff to fall in a situation where there could be other causes is fatal to a plaintiffs cause of action” *(Dapp v Larson,*240 AD2d 918, 919 [1997]; *see Barnes v Di Benedetto,*294 AD2d 655, 656 [2002]). At her deposition, plaintiff first claimed that she stepped onto a deteriorated portion of the sidewalk, lost her balance and fell. She later conceded, however, that she was merely “assuming” that it was the deteriorated portion of the sidewalk that caused her fall. Plaintiffs daughter, who was walking with her at the time of the accident, indicated that she did not see plaintiff step in the “hole” and did not notice the “hole” in the sidewalk until she and plaintiff had walked away from the site of the accident. Plaintiff’s daughter stated that she did not know what caused the fall, but indicated that plaintiff suffered from recurrent dizzy spells and loss of balance due to a preexisting medical condition. Plaintiff’s daughter also testified that when the accident occurred, she was taking plaintiff home because she was concerned about plaintiff’s recurrent dizzy spells.

Given this testimony, we conclude that plaintiffs claim that the deteriorated portion of the sidewalk caused her fall is based on nothing more than surmise, conjecture and speculation and is, therefore, without probative value (see *Denny v New York State Indus, for Disabled,*291 AD2d 615, 616 [2002]). Inasmuch as plaintiffs failed to raise a triable issue of fact regarding causation, Supreme Court properly granted defendant’s motion for summary judgment (see *Barnes v Di Benedetto, supra*at 656-657; *Denny v New York State Indus. for Disabled, supra*at 615-616; *Dapp v Larson, supra*at 919; *cf. Ackler v Odessa-Montour Cent. School Dist.,*243 AD2d 902, 904 [1997]).

Peters, Spain, Mugglin and Kane, JJ., concur. Ordered that the order is affirmed, with costs.
II

103D CONGRESS

1ST SESSION S. 1412

To amend title 13, United States Code, to require that any data relating

to the incidence of poverty produced or published by the Secretary

of Commerce for subnational areas is corrected for differences in the

cost of living in those areas.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. LIEBERMAN (for himself and Mr. JEFFORDS) introduced the following

bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

To amend title 13, United States Code, to require that

any data relating to the incidence of poverty produced

or published by the Secretary of Commerce for

subnational areas is corrected for differences in the cost

of living in those areas.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Poverty Data Correc5 tion Act of 1993’’.
2

•S 1412 IS

1 SEC. 2. REQUIREMENT.

2 (a) IN GENERAL.—Chapter 5 of title 13, United

3 States Code, is amended by adding after subchapter V the

4 following:

5 ‘‘Subchapter VI—Poverty Data

6 ‘‘SEC. 197. CORRECTION OF SUBNATIONAL DATA RELATING

7 TO POVERTY.

8 ‘‘(a) Any data relating to the incidence of poverty

9 produced or published by or for the Secretary for

10 subnational areas shall be corrected for differences in the

11 cost of living, and data produced for State and sub-State

12 areas shall be corrected for differences in the cost of living

13 for at least all States of the United States.

14 ‘‘(b) Data under this section shall be published in

15 1995 and at least every second year thereafter.

16 ‘‘SEC. 198. DEVELOPMENT OF STATE COST-OF-LIVING

17 INDEX AND STATE POVERTY THRESHOLDS.

18 ‘‘(a) To correct any data relating to the incidence of

19 poverty for differences in the cost of living, the Secretary

20 shall—

21 ‘‘(1) develop or cause to be developed a State

22 cost-of-living index which ranks and assigns an index

23 value to each State using data on wage, housing,

24 and other costs relevant to the cost of living; and

25 ‘‘(2) multiply the Federal Government’s statis26 tical poverty thresholds by the index value for each
3

•S 1412 IS

1 State’s cost of living to produce State poverty

2 thresholds for each State.

3 ‘‘(b) The State cost-of-living index and resulting

4 State poverty thresholds shall be published prior to Sep5 tember 30, 1994, for calendar year 1993 and shall be up6 dated annually for each subsequent calendar year.’’.

7 (b) CONFORMING AMENDMENT.—The table of sub8 chapters of chapter 5 of title 13, United States Code, is

9 amended by adding at the end the following:

‘‘SUBCHAPTER VI—POVERTY DATA

‘‘Sec. 197. Correction of subnational data relating to poverty.

‘‘Sec. 198. Development of State cost-of-living index and State poverty thresholds.’’.

Æ
|                                                            
|------------------------------------------------------------
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|View History:  Monthly  Annual Download Data (XLS File)    
|View History:  Monthly  Annual                              
|View History:  Monthly  Annual                              
|View History:                                               
|                                                            
|Kenai, AK Liquefied Natural Gas Exports (Million Cubic Feet)
|                                                            
|                                                            
|Kenai, AK Liquefied Natural Gas Exports (Million Cubic Feet)
|                                                            

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        | 16,398 | 9,342  | 0      | 13,310 | 16,519 | 0      | 0      | 0      | 0     
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
|                                                                               
|-------------------------------------------------------------------------------
|                                                                               
|View History:  Monthly  Annual Download Data (XLS File)                       
|View History:  Monthly  Annual                                                 
|View History:  Monthly  Annual                                                 
|View History:                                                                  
|                                                                               
|Corpus Christi, TX Liquefied Natural Gas Exports to Panama (Million Cubic Feet)
|                                                                               
|                                                                               
|Corpus Christi, TX Liquefied Natural Gas Exports to Panama (Million Cubic Feet)
|                                                                               

|Year                                                                                                                              | Jan   | Feb   | Mar   | Apr | May   | Jun | Jul | Aug | Sep   | Oct | Nov | Dec
|--------------------------------------------------------------------------------------------------------------------------------- | ----- | ----- | ----- | --- | ----- | --- | --- | --- | ----- | --- | --- | ---
|2022                                                                                                                              | 1,382 | 3,069 |       |     | 1,192 | 623 |     |     |       |     |     |    
|2023                                                                                                                              | 2,575 |       | 3,209 |     |       |     |     |     | 3,196 |     |     |    
|2024                                                                                                                              |       |       | 3,010 |     |       |     |     |     |       |     |     |    
|                                                                                                                                 
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
|                                                                                                  
|--------------------------------------------------------------------------------------------------
|                                                                                                  
|View History:  Monthly  Annual Download Data (XLS File)                                          
|View History:  Monthly  Annual                                                                    
|View History:  Monthly  Annual                                                                    
|View History:                                                                                     
|                                                                                                  
|Price of Liquefied U.S. Natural Gas Exports by Vessel to Jamaica (Dollars per Thousand Cubic Feet)
|                                                                                                  
|                                                                                                  
|Price of Liquefied U.S. Natural Gas Exports by Vessel to Jamaica (Dollars per Thousand Cubic Feet)
|                                                                                                  

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        |        |        |        |        |        | --     | 6.92   | 5.29  
|2020's                                                                                                                            | 4.92   | 7.23   | 10.74  | 7.22   |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
|                                                                             
|-----------------------------------------------------------------------------
|                                                                             
|View History:  Monthly  Annual Download Data (XLS File)                     
|View History:  Monthly  Annual                                               
|View History:  Monthly  Annual                                               
|View History:                                                                
|                                                                             
|Mississippi Natural Gas Gross Withdrawals from Shale Gas (Million Cubic Feet)
|                                                                             
|                                                                             
|Mississippi Natural Gas Gross Withdrawals from Shale Gas (Million Cubic Feet)
|                                                                             

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            |        |        |        |        |        |        |        | 0      | 0      | 0     
|2010's                                                                                                                            | 0      | 0      | 0      | 0      | 0      | 2,127  | 17     | 9      | 0      | 0     
|2020's                                                                                                                            | 0      | 0      | 0      |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
No. 12-7403.

#### Haugen *v.*Oregon.

Sup. Ct. Ore. Certiorari denied.
#### Frank P. Raquet et al., Respondents, v Travelers Casualty and Surety Company, Formerly Known as Aetna Casualty and Surety Company, Appellant.

[770 NYS2d 540]

Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered January 21, 2003, which denied defendant’s motion seeking dismissal of the complaint for failure to state a cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied defendant’s motion seeking dismissal of the complaint for failure to state a *1311cause of action *(see*CPLR 3211 [a] [7]). “In assessing a motion under CPLR 3211 (a) (7), ... a court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint . . . and ‘the criterion is whether the proponent of the pleading has a cause of action, not whether he has stated one’ ” *(Leon v Martinez,*84 NY2d 83, 88 [1994], quoting *Guggenheimer v Ginzburg,*43 NY2d 268, 275 [1977]).

We conclude that any alleged deficiencies in the complaint have been remedied by the affidavits submitted by plaintiffs in opposition to defendant’s motion *(see id.).*The affidavit of plaintiffs’ attorney contradicts defendant’s contention that plaintiffs never demanded the proceeds of the $300,000 policy of defendant’s insured, Leonard J. Zane. Further, plaintiffs’ attorney stated in his affidavit that defendant failed to keep Zane, and later, his estate, informed of the progress of the case and the status of settlement negotiations, if any, despite defendant’s knowledge that a large excess verdict was likely. In addition, plaintiffs submitted the affidavit of the administratrix of Zane’s estate, who stated that she was never contacted by defendant or its representatives until after the jury delivered its verdict. The affidavit of plaintiffs’ attorney also sets forth instances in which defendant allegedly failed to act in Zane’s best interests by, inter alia, failing to implead Transit Fire Company; not offering Zane’s policy until after another of its insureds, Kenny Carpets, Inc., made an offer; rejecting the advice of the attorney representing Zane’s interests, who recommended continuing actions for contribution and indemnification; and allegedly violating industry practice as well as defendant’s own guidelines. We thus conclude that plaintiffs have stated a cause of action for bad faith against defendant insurer *(see Smith v General Acc. Ins. Co.,*91 NY2d 648, 653-654 [1998]). Present—Pigott, Jr., P.J., Pine, Wisner, Hurlbutt and Gorski, JJ.
# EUR-Lex - 32010M5731 - EN

*|*

# 32010M5731

**Commission Decision of 14/01/2010 declaring a concentration to be compatible with the common market (Case No COMP/M.5731 - AXA LBO FUND IV / HOME SHOPPING EUROPE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) **

*

*

|EUROPEAN COMMISSION |

Brussels , 14/01/2010

SG-Greffe(2009) D/262

C(2009) 149

PUBLIC VERSION |

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

|To the notifying party: |

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.5731 - AXA LBO FUND IV/ HOME SHOPPING EUROPE Notification of 03/12/2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 302, 12/12/2009, p. 22

1. On 3 December 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/20041 by which the undertaking AXA LBO FUND IV (France), ultimately controlled by Group AXA ("AXA", France), acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Home Shopping Europe GmbH ("HSE", Germany) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- AXA LBO FUND IV: participations in companies;

- AXA: international group active in the provision of life and non-life insurance and related financial services;

- HSE: operation of shopping broadcaster, internet sales.

3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No 139/2004 and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] .

4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No 139/2004.

For the Commission (Signed) Philip LOWE Director General

[1] OJ L 24, 29.1.2004, p. 1.

[2] OJ C 56, 05.3.2005, p. 32.
No. 12-7207.

#### Hurst *v.*Crews, Secretary, Florida Department of Corrections, et al.

C. A. 11th Cir. Certiorari denied.
<PAGE>
<TABLE>
<CAPTION>                                                                                                               Exhibit 12
                                         THE MAY DEPARTMENT STORES COMPANY AND SUBSIDIARIES
                                          COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                    FOR THE FIVE FISCAL YEARS ENDED FEBRUARY 1, 1997, AND FOR THE
                                   THIRTY-NINE WEEKS ENDED NOVEMBER 1, 1997, AND NOVEMBER 2, 1996


                                                          39 Weeks Ended                         Fiscal Year Ended                  
                                                       Nov. 1,      Nov. 2,     Feb. 1,    Feb. 3,   Jan. 28,    Jan. 29,   Jan. 30,
                                                        1997         1996        1997       1996       1995        1994       1993  

<S>                                                    <C>          <C>        <C>        <C>        <C>        <C>        <C>  
Earnings Available for Fixed Charges:
Pretax earnings from continuing
   operations                                          $    554     $    546   $  1,232   $  1,160   $  1,079   $    957   $    579 
Fixed charges (excluding interest
   capitalized and pretax preferred
   stock dividend requirements)                             274          252        346        317        293        305        361 
Dividends on ESOP Preference Shares                         (19)         (20)       (26)       (28)       (28)       (28)       (29)
Capitalized interest amortization                             5            5          6          5          4          4          3 
                                                            814          783      1,558      1,454      1,348      1,238        914 
Fixed Charges:
Gross interest expense (a)                             $    267     $    246   $    341   $    316   $    289   $    295   $    338 
Interest factor attributable to
   rent expense                                              17           17         22         20         19         20         24 
Other (b)                                                     -            -          -          -          -          -          5 
                                                            284          263        363        336        308        315        367 

Ratio of Earnings to Fixed Charges                          2.9          3.0        4.3        4.3        4.4        3.9        2.5 


(a)   Represents interest expense on long-term and short-term debt, ESOP debt and amortization of 
      debt discount and debt issue expense.

(b)   Represents the company's proportionate share of interest of unconsolidated 50% owned persons and 
      pretax preferred stock dividend requirements.






</TABLE>