alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State Farm Mutual Automobile Insurance Company, Respondent, v RLC Medical, P.C., et al., Appellants.

[55 NYS3d 313]

Appeal from an order of the Supreme Court, Kings County (Jules L. Spodek, J.), dated June 2, 2015. The order, insofar as appealed from, directed that the administrator of the defendant Estate of Ronald L.L. Collins appear for a deposition.

Ordered that on the Court’s own motion, the notice of appeal is deemed to be an application for leave to appeal from so much of the order as directed that the administrator of the defendant Estate of Ronald L.L. Collins appear for a deposition, and leave to appeal is granted *(see*CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, with costs.

The plaintiff insurance company commenced this action against, among others, the defendant Estate of Ronald L.L. Collins, seeking a judgment declaring, inter alia, that the plaintiff has no obligation to pay no-fault claims for medical services purportedly rendered by Collins. In an order dated *1035June 2, 2015, the Supreme Court, inter alia, directed that the administrator of Collins’s estate (hereinafter the administrator) appear for a deposition. The defendants appeal from that portion of the order.

CPLR 3101 (a) (1) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution or defense of an action.” The terms “material and necessary” in this statute “must ‘be interpreted liberally to require disclosure, upon request, of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity’ ” *(Matter of Kapon v Koch,*23 NY3d 32, 38 [2014], quoting *Allen v Crowell-Collier Publ. Co.,*21 NY2d 403, 406 [1968]; *see D’Alessandro v Nassau Health Care Corp.,*137 AD3d 1195, 1196 [2016]). “At the same time, a party is ‘not entitled to unlimited, uncontrolled, unfettered disclosure’ ” *(D’Alessandro v Nassau Health Care Corp.,*137 AD3d at 1196, quoting *Geffner v Mercy Med. Ctr.,*83 AD3d 998, 998 [2011]). “ ‘It is incumbent on the party seeking disclosure to demonstrate that the method of discovery sought will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information bearing on the claims’ ” *(D’Alessandro v Nassau Health Care Corp.,*137 AD3d at 1196, quoting *Crazytown Furniture v Brooklyn Union Gas Co.,*150 AD2d 420, 421 [1989]). Here, the plaintiff made no showing that conducting the deposition of the administrator will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information bearing on the claims *(see Black v Budget Rent A Car Corp.,*224 AD2d 350 [1996]; *Crazytown Furniture v Brooklyn Union Gas Co.,*150 AD2d at 421).

The parties’ remaining contentions are without merit.

Accordingly, the Supreme Court improperly directed that the administrator appear for a deposition.

Rivera, J.P., Hall, LaSalle and Connolly, JJ., concur.
<PAGE>
                                                                    Exhibit 10.1



           CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in Registration Statements No.
333-117509 and No. 333-130852 on Form S-8 of our report dated April 9, 2006
relating to the consolidated financial statements of Elbit Medical Imaging Ltd.
and its subsidiaries, (which report expresses an unqualified opinion and
includes explanatory paragraphs relating to: (1) the differences between
accounting principles generally accepted in Israel and accounting principles
generally accepted in the United States of America; (2) the presentation of the
"reported amounts" and "adjusted values"; (3) claims that have been filed
against Group companies and for some of those claims petitions have been filed
for certification as class actions; (4) the adoption of Accounting Standard No.
19; and (5) the translation of New Israeli Shekel amounts into U.S. dollar
amounts), appearing in this Annual Report on Form 20-F of Elbit Medical Imaging
Ltd. for the year ended December 31, 2005.



Brightman Almagor & Co.
Certified Public Accountants
A member firm of Deloitte Touche Tohmatsu



Tel-Aviv, Israel
June 28, 2006
#### People v Guzman

1st Dept: 145 AD3d 459

denied
#### Wells Fargo v. Rehm

DA 16-0443

04/26/17

2017 MT 96N

Affirmed

Dist. 18 (Gallatin)
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUL-31-2000
<PERIOD-END>                               JUL-31-2000
<CASH>                                       2,925,051
<SECURITIES>                                         0
<RECEIVABLES>                                  332,808
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             3,415,692
<PP&E>                                       1,954,963
<DEPRECIATION>                                 669,183
<TOTAL-ASSETS>                               5,248,867
<CURRENT-LIABILITIES>                          668,365
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        31,765
<OTHER-SE>                                   3,790,309
<TOTAL-LIABILITY-AND-EQUITY>                 5,248,867
<SALES>                                      4,832,094
<TOTAL-REVENUES>                             4,832,094
<CGS>                                          658,560
<TOTAL-COSTS>                                5,024,617
<OTHER-EXPENSES>                               117,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              54,406
<INCOME-PRETAX>                              (132,221)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (132,221)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (132,221)
<EPS-BASIC>                                        .00
<EPS-DILUTED>                                      .00


</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                  1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                                 620
<SECURITIES>                                             0
<RECEIVABLES>                                      100,978
<ALLOWANCES>                                        55,009
<INVENTORY>                                            482
<CURRENT-ASSETS>                                     7,144
<PP&E>                                              25,378
<DEPRECIATION>                                      11,249
<TOTAL-ASSETS>                                     450,146
<CURRENT-LIABILITIES>                               19,047
<BONDS>                                            164,077
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               216
<OTHER-SE>                                         203,826
<TOTAL-LIABILITY-AND-EQUITY>                       450,146
<SALES>                                                  0
<TOTAL-REVENUES>                                   232,753
<CGS>                                                    0
<TOTAL-COSTS>                                      108,177
<OTHER-EXPENSES>                                    50,043
<LOSS-PROVISION>                                    25,262
<INTEREST-EXPENSE>                                   9,299
<INCOME-PRETAX>                                     40,086
<INCOME-TAX>                                        17,117
<INCOME-CONTINUING>                                 22,969
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        22,969
<EPS-BASIC>                                           1.08
<EPS-DILUTED>                                         1.05



</TABLE>
<PAGE>   1
                                                                 EXHIBIT 24.1

                               POWER OF ATTORNEY

        The undersigned hereby appoints Robert T. Slezak as his agent and
attorney-in-fact for the purpose of executing and filing all reports on Form
10-K relating to the year ending September 26, 1997, and any amendments
thereto, required to be filed with the Securities and Exchange Commission by
AmeriTrade Holding Corporation.

        IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney
as of the 17th day of December, 1997.


                                       /s/  Gene L. Finn
                                       -------------------------------------
                                       Gene L. Finn, Director
EXHIBIT
15.2











CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM







We
consent to the incorporation by reference in Registration Statements No.
333-13320, No. 333-10312, and No. 333-132736 on Form S-8 of our report
dated June 20, 2009 and June 29, 2010 as to Note 2(q) relating to the
consolidated financial statements as of March 31, 2009 and for each of the two
years in the period ended March 31, 2009 of Highway Holdings Limited and its
subsidiaries (the “Company”) (which report expresses an unqualified opinion and
includes an explanatory paragraph regarding the retrospective adjustments for
the adoption of new accounting standards for the presentation and disclosure of
noncontrolling interests), appearing in the annual report on Form 20-F of the
Company for the year ended March 31, 2010.










Deloitte
Touche Tohmatsu


Hong
Kong


June 29,
2010
<PAGE>

                                                                   Exhibit 3.2

                            CERTIFICATE OF AMENDMENT
                                       OF
                      RESTATED CERTIFICATE OF INCORPORATION
                                       OF
                               EPIX MEDICAL, INC.

         It is hereby certified that:

         1. The name of the corporation (hereinafter called the "Corporation")
is EPIX MEDICAL, INC.

         2. The Certificate of Incorporation of the Corporation was filed on
November 28, 1988 under the name Metacorp, Inc. A Certificate of Amendment to
Certificate of Incorporation was filed on May 4, 1989 to change the name of the
Corporation to Metasyn, Inc. A Certificate of Amendment to the Restated
Certificate of Incorporation filed on May 29, 1996 was filed on November 13,
1996 to change the name of the Corporation to EPIX Medical, Inc. Thereafter, a
Restated Certificate of Incorporation ("Restated Certificate") was filed on
February 4, 1997. The said Restated Certificate is hereby amended by striking
out the first paragraph of Article FOURTH thereof and by substituting in lieu of
said paragraph of Article Fourth the following new paragraph:

         "FOURTH: The total number of shares of all classes of stock which the
Corporation shall have authority to issue if Forty One Million (41,000,000),
consisting of (i) Forty Million (40,000,000) shares of Common Stock, $0.01 par
value per share (the "Common Stock"), (ii) One Million (1,000,000) shares of
Preferred Stock, $0.01 par value per share ("Preferred Stock")."

3. The amendment of the restated certificate of incorporation herein certified
has been duly adopted in accordance with the provisions of Section 242 of the
General Corporation Law of the State of Delaware.

IN WITNESS WHEREOF, the Corporation has caused this certificate to be signed by
its President and Chief Executive Officer on the 2nd day of May, 2000.

                                   EPIX MEDICAL, INC.


                                   /s/    Michael D. Webb
                                   Michael D. Webb
                                   Its President and Chief Executive Officer
# L_2011019EN.01001501.xml

| 22.1.2011 | EN | Official Journal of the European Union | L 19/15 |
| --- | --- | --- | --- |

22.1.2011

EN

Official Journal of the European Union

L 19/15

---

COUNCIL DECISION

of 18 January 2011

appointing one Austrian member and two Austrian alternate members of the Committee of the Regions

(2011/39/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal from the Austrian Government,

Whereas:

| (1) | On 22 December 2009 and 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1). |
| --- | --- |

(1)

On 22 December 2009 and 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

| (2) | A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Franz VOVES. |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Franz VOVES.

| (3) | Two alternate members’ seats have become vacant following the end of the term of office of Mr Hermann SCHÜTZENHÖFER and Mr Walter PRIOR, |
| --- | --- |

(3)

Two alternate members’ seats have become vacant following the end of the term of office of Mr Hermann SCHÜTZENHÖFER and Mr Walter PRIOR,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| (a) | as a member:






  — | Herr Landesrat Dr Christian BUCHMANN, Landesrat in der Steiermärkischen Landesregierung; |
| --- | --- | --- |

(a)

as a member:

—

Herr Landesrat Dr Christian BUCHMANN, Landesrat in der Steiermärkischen Landesregierung;

and

| (b) | as alternate members:






  — | Frau Landesrätin Mag. Elisabeth GROSSMANN, Landesrätin in der Steiermärkischen Landesregierung, |
| --- | --- | --- |

(b)

as alternate members:

—

Frau Landesrätin Mag. Elisabeth GROSSMANN, Landesrätin in der Steiermärkischen Landesregierung,

| — | Herr Klubobmann Christian ILLEDITS, Abgeordneter zum Burgenländischen Landtag; Klubobmann der SPÖ-Fraktion. |
| --- | --- |

—

Herr Klubobmann Christian ILLEDITS, Abgeordneter zum Burgenländischen Landtag; Klubobmann der SPÖ-Fraktion.

Article 2

This Decision shall take effect on the day of its adoption.

Done at Brussels, 18 January 2011.

For the Council

The President

Gy. MATOLCSY

---

(1)  
  OJ L 348, 29.12.2009, p. 22, and OJ L 12, 19.1.2010, p. 11.

1

---
#### The People of the State of New York, Respondent, v Douglas Lopez, Also Known as Vita, Appellant.

[767 NYS2d 691]

— Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered August 19, 2002, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the *900record, defense counsel’s brief and defendant’s pro se submissions, we agree. In satisfaction of an 11-count indictment, defendant pleaded guilty to the crime of robbery in the second degree and was sentenced as a second felony offender in accordance with the plea agreement to the minimum prison term of seven years and five years of postrelease supervision. The judgment is, accordingly, affirmed and application for leave to withdraw is granted *(see People v Cruwys,*113 AD2d 979 [1985], *lv denied*67 NY2d 650 [1986]; *see generally People v Stokes,*95 NY2d 633 [2001]).

Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.
# L_2011269EN.01002901.xml

| 14.10.2011 | EN | Official Journal of the European Union | L 269/29 |
| --- | --- | --- | --- |

14.10.2011

EN

Official Journal of the European Union

L 269/29

---

COUNCIL DECISION

of 10 October 2011

appointing a Portuguese member of the European Economic and Social Committee

(2011/680/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the Portuguese Government,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1). |
| --- | --- |

(1)

On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

| (2) | A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Manuel CAVALEIRO BRANDÃO, |
| --- | --- |

(2)

A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Manuel CAVALEIRO BRANDÃO,

HAS ADOPTED THIS DECISION:

Article 1

Mr Gonçalo da GAMA LOBO XAVIER, Confederação da Indústria Portuguesa (CIP) is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 10 October 2011.

For the Council

The President

A. KRASZEWSKI

---

(1)  
  OJ L 251, 25.9.2010, p. 8.

1

---
#### Martin Flynn, Respondent, v Turner Construction Company et al., Respondents, and LVI Services, Inc., Appellant. Turner Construction Company et al., Third-Party Plaintiffs-Respondents, v Five Star Electric Corp., Third-Party Defendant, and LVI Services, Inc., Third-Party Defendant-Appellant.

[66 NYS3d 468]

Order, Supreme Court, New York County (Joan A. Madden, J.), entered January 13, 2016, which, to the extent appealed from as limited by the briefs, denied defendant/third-party defendant LVI Services, Inc.’s motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims and all third-party and cross claims against it, and granted defendants/third-party plaintiffs’ motion for conditional summary judgment on their contractual indemnification claim against LVI, unanimously affirmed, without costs.

LVI failed to establish prima facie that plaintiff was not exposed to toxins at sufficient levels to cause his claimed respiratory illness *(see Parker v Mobil Oil Corp.,*7 NY3d 434, 448 *416[2006]). The record contains ample evidence of plaintiff’s exposure to toxins at the construction site, and LVI’s expert did not opine that those toxins were not capable of causing plaintiff’s respiratory illness. Nor did LVI establish prima facie that it was not responsible for the release into the air of toxins that allegedly caused plaintiff’s respiratory illness. LVI was responsible for asbestos abatement, lead abatement, and concrete demolition on the job site. The record shows that there was demolition going on throughout the building generating dust clouds thick enough to be visible in progress photographs and that there were widespread complaints about the air quality, including the presence of silica dust, which occurs naturally during concrete demolition. In view of LVI’s failure to make its prima facie showing, we need not examine plaintiff’s opposition to LVTs motion *(Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851 [1985]).

Under its subcontract with defendant/third-party defendant Turner Construction Company, LVI must defend and indemnify Turner and defendant/third-party defendant MSG Holdings, L.P., for liability and loss, including legal fees, merely claimed to have resulted from injury arising out of or in connection with LVI’s work, unless and until the injury is determined to have been caused by the negligence or willful misconduct of Turner, MSG, or another of Turner’s subcontractors. Since there has not yet been a determination of that issue, Turner and MSG are entitled to conditional summary judgment on their claim against LVI for contractual indemnification *(see Rainer v Gray-Line Dev. Co., LLC,*117 AD3d 634 [1st Dept 2014]; *Cerverizzo v City of New York,*116 AD3d 469, 471-472 [1st Dept 2014]).

Concur—Gische, J.P., Kapnick, Oing and Moulton, JJ.
Decided October 27, 2016

#### County of Broome, Matter of, v Shah

3d Dept: 130 AD3d 1347

granted
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|Price of Cove Point, MD Liquefied Natural Gas Exports to Germany (Dollars per Thousand Cubic Feet)
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|Price of Cove Point, MD Liquefied Natural Gas Exports to Germany (Dollars per Thousand Cubic Feet)
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|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2020's                                                                                                                            |        |        |        | 7.64   |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
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|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024