alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Arcadio Estevez, as Administrator of the Estate of Juan R. Estevez, Deceased, Appellant, v Philip W. Tam, Respondent.

[49 NYS3d 167]

In an action to recover damages for wrongful death, etc., the plaintiff appeals from an order of the Supreme Court, Nassau County (Bruno, J.), entered January 29, 2015, which denied his motion pursuant to CPLR 4404 (a), in effect, to set aside, as contrary to the weight of the evidence, and in the interest of *780justice, so much of a jury verdict as awarded zero damages for loss of the decedent’s parental guidance, and for a new trial on the issue of liability.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the jury verdict, which awarded zero damages for the loss of the decedent’s parental guidance, was not against the weight of the evidence. “In a wrongful death action, an award of damages is limited to the fair and just compensation for the pecuniary injuries resulting from the decedent’s death to the persons for whose benefit the action is brought” *(Leger v Chasky,*55 AD3d 564, 565 [2008] [internal quotation marks omitted]; *see Zygmunt v Berkowitz,*301 AD2d 593, 594 [2003]). “In the case of a decedent who was not a wage earner, pecuniary injuries may be calculated, in part, from the increased expenditures required to continue the services she [or he] provided, as well as the compensable losses of a personal nature, such as loss of guidance” *(Gonzalez v New York City Hous. Auth.,*77 NY2d 663, 668 [1991] [internal quotation marks omitted]). “The determination of pecuniary damages in a wrongful death action is peculiarly within the province of the jury” *(Facilla v New York City Health & Hosps. Corp.,*221 AD2d 498, 499 [1995]). Here, we find that the evidence on the issue of the loss of the decedent’s parental guidance did not so preponderate in favor of the plaintiff such that the verdict could not have been reached on any fair interpretation of the evidence *(see*CPLR 4404 [a]; *Hyung Kee Lee v New York Hosp. Queens,*118 AD3d 750, 754 [2014]; *Hartman v Dermont,*89 AD2d 807, 808 [1982]; *cf. Zygmunt v Berkowitz,*301 AD2d at 594).

Contrary to the plaintiff’s contention, the Supreme Court properly admitted into evidence a photograph of the intersection where the accident occurred taken by the defendant sometime after the accident *(see Corsi v Town of Bedford,*58 AD3d 225, 228 [2008]; *cf. Niles v State of New York,*201 AD2d 774, 777 [1994]; *Leven v Tallis Dept. Store,*178 AD2d 466 [1991]). Further, the plaintiff’s contention that the court erred by failing to instruct the jury on the limited use of the defendant’s photograph is unpreserved for appellate review, since the plaintiff did not request such a charge, nor did he take exception to the charge as delivered *(see*CPLR 4110-b; *Rockowitz v Greenstein,*11 AD3d 523, 524 [2004]; *Rossetti v Campanella,*118 AD2d 552 [1986]).

Balkin, J.P., Austin, Sgroi and LaSalle, JJ., concur.
<PAGE>

                                                                      EXHIBIT 32

                                  CERTIFICATION
                             18 U.S.C. SECTION1350,
                             AS ADOPTED PURSUANT TO
                  SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

     Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, the undersigned certifies that (1) this Annual
Report of EDO Corporation (the "Company") on Form 10-K for the year ended
December 31, 2006, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), fully complies with the requirements of Section
13(a) or Rule 15(d) of the Securities Exchange Act of 1934, as amended, and (2)
the information contained in this Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


                                        /s/ JAMES M. SMITH
                                        ----------------------------------------
                                        James M. Smith
                                        Chairman, President and Chief Executive
                                        Officer
                                        March 7, 2007


                                        /s/ FREDERIC B. BASSETT
                                        ----------------------------------------
                                        Frederic B. Bassett
                                        Senior Vice President - Finance,
                                        Treasurer and Chief Financial Officer
                                        March 7, 2007
# Lending a hand to veterans

/ Published Nov. 3, 2015
Battle Creek, Michigan, 

An early Veteran’s Day present was delivered to homelessvets in Battle Creek, Michigan, by DLA Disposition Services and the Departmentof Veterans Affairs in late October.

Each year, the Department of Veterans Affairs and theVeterans Affairs Medical Center in Battle Creek holds a Veteran’s Stand Down toassist their veteran population. This year they got more than they expected.

Lisa Grenon, of the Battle Creek VA, said a stand downevent will normally get 15 pallets of property from DLA Disposition Services.This year she received 44 pallets -- more than what her crew could handle intime for the event -- so Grenon turned to the community for help.

“We just put a call out to the community, and we just hadan outpouring of people calling and coming wanting to assist us today,” Grenonsaid.

Some of those volunteers came from across the DefenseLogistics Agency workforce at the Hart-Dole-Inouye Federal Center -- DLADisposition Services, DLA Installation Support and Logistics InformationServices.

“We like the idea of the Disposition Services communityhelping veterans no matter where they are,” said Cindy Foster of DLA DispositionServices at Battle Creek. Foster said she volunteered her time to support thewarfighter and her local community. 

In between sorting coats and boots, Judy Hawkins of DLAInstallation Support said, “My father was a World War II veteran, and I thoughtI would come over to help out the veterans.”

Navy vet Russell Manuel said he came over to give back tohis fellow veterans. He added that he had returned last month from a tour inAfghanistan as the deputy director for DLA Disposition Services over there, andthis was a great opportunity to help make a difference athome.

As the contents of the 44 pallets were organized for thestand down event, Grenon said that it was, “... amazing to have everyone cometogether to help the homeless population.”12
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           1,453
<SECURITIES>                                         0
<RECEIVABLES>                                        0
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<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,453
<PP&E>                                               0
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<TOTAL-ASSETS>                                   1,453
<CURRENT-LIABILITIES>                           42,002
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                       213,717
<OTHER-SE>                                   (254,266)
<TOTAL-LIABILITY-AND-EQUITY>                     1,453
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   55,509
<OTHER-EXPENSES>                                     0
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<CHANGES>                                            0
<NET-INCOME>                                  (55,509)
<EPS-BASIC>                                     (0.00)
<EPS-DILUTED>                                   (0.00)


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