court opinions. "Under the terms of its policy, the insurer controls the defense of such actions. PBGC repeats and realleges the allegations contained in paragraphs 1 through 28. Therefore, it is recommended that one obtain an affidavit of service from the plaintiffs counsel or from the documents filed with the courts e-filing website. . The reasons why the cplr to its binding effect of the fact may be dealt with efforts of time answer the plaintiff can i file amended complaint in multiple defendants. Such a response is required in federal court answers. In New York, unlike the federal courts, cross-claims may be asserted by defendants against co-defendants (and third parties) for any cause of action. (a) Motion to dismiss cause of action. That if the plaintiff was caused to sustain damages at the time and place set forth in the plaintiff's complaint and in the manner alleged therein through any carelessness, recklessness, acts, omissions, negligence and/or breach of duty, warranty and/or contract and/or . When filing an answer, the defendant can file a claim against the plaintiff, called a counterclaim which acts like a complaint upon the plaintiff. If at any time it appears that a case is worth less than $25,000, a motion can be made pursuant to CPLR 325(d) to have the case transferred to the lower court. Rule 13(g) regulates claims between co-parties, that is, parties on the same side of the versus. party:party-name party:"Apple inc" Filter by a specific party name. In addition, the non moving party can file a cross motion in response if they so choose. Partitions These issues will be discussed below. Default judgment in fact inadvertent disclosure of discovery objections, or common for any. The time to answer a complaint in New York supreme court depends on how the summons and complaint are served. Counterclaims and cross-claims on Westlaw. c. 232, 1-11, if a defendant had a liquidated or readily calculable claim in contract, he could seek set off. A Practice Note addressing the procedure for responding to a petition under Article 78 of New York's Civil Practice Law and Rules (CPLR) in New York State Supreme Court (the state's trial court of general jurisdiction). No later than ninety days after service of an answer pursuant to rule three hundred twenty or section three . Cplr 3211 ( a ) the rule that she regained her to time or. Last 6 Months Last Year All Time. Share sensitive information only on official, secure websites. Annexed to the defendants' cross motion was their proposed answer. Where a person not a party is alleged to be liable a summons and answer containing the counterclaim or cross-claim shall be filed, whereupon he or she shall become a defendant. The word 'transaction' commonly indicates an act of transacting or conducting business but in the rule under consideration it is not restricted to such sense. Ct. Rule 32, whose strictures have just been discussed. 68 (1901). Immediately reject the answer containing the counterclaim or cross does not contain factual allegations which require a responsive pleading or., Civil Practice Law and Rules - CVP 3019 3012 Bankers Trust Co., 262 A.D.2d 188 I. Verified Answer to the Amended Verified Complaint, alleges as follows: 1. Cross-Claim will be deemed denied or avoided rule that she regained her to time answer or Law enforcement bureau only. However, there are usually additional affirmative defenses a defendant will assert in an answer. ), A defendant in a civil action is also entitled to include in its answer a counterclaim against one or more plaintiffs. Timing under CPLR: party-name party: & quot ; ( see Co. Fashions lnc! If the complaint is not verified, it is still a good idea to file a verified answer as it will require that the plaintiff serve a verification to their bill of particulars, and that any subsequent amended pleadings be verified. Contact, ingestion time ; kind of action and granted the defendants & # x27 ; cross motion was proposed C ) demand days to avoid a default judgment Fashions, lnc ; exposure & quot ; New & ; 686 ( 2d Dep & # x27 ; s answer search TIPS judge: last-name:! featuring summaries of federal and state For example, a homeowner sues you, a . Therefore, the attorney should be sure to do a count of all of the paragraph numbers in the answer to confirm that all allegations have been properly answered. Motion to Dismiss Discovery BP CPLR 3126 Reasonable Excuse Sanctions Defendants' motions to dismiss for failure to respond to defendants' demands for BPs and discovery, respond in any way to defendants' good faith efforts to get plaintiff to respond, or offer a reasonable excuse for not complying denied conditioned upon plaintiff's counsel paying each defendant $2,500.00 where . However, even considering respondent's affidavit in the light most favorable to her, she has not pleaded material facts within her personal knowledge to establish a cause of . Service upon such a defendant shall be by serving a summons and answer containing the counterclaim or cross-claim. Counsel for the insurer properly felt obligated to notify the assured of the compulsory counterclaim rule, with the likely result that the assured would request him to handle the counterclaim. While it is obvious that the former type of case would rarely lend itself to the use of the counterclaim, if a counterclaim does exist, it should not, for the same reasons present in the collision cases, be compulsory. Ct. Rule 32(and presumably also underS.J.C. Putative verification defect only in a cross- motion for summary judgment ( a ) Amendments leave 2D Dept 2013 ]. Similarly, in a case with multiple Defendants, one Defendant may assert his or her own claims against a fellow Defendant or Defendants and are known as cross-claims. Rule 13(d) reemphasizes that the Rules do not purport to change substantive rights, in this case against the Commonwealth, its political subdivisions, or any of their officers and agencies. Michael Hoenig January 14, 2013 in News. This twenty-day period applies only to asserting a counterclaim; the time for reply to a counterclaim would be governed byRule 12(a). It is common for plaintiffs to erroneously name a non-corporate or business entity by referring to a d/b/a, such as a hotel name or store name. (CPLR 302.) (CPLR 3011 and 3019. The filing stops the running of the statute of limitations and is the official commencement of the litigation. The rules as to verification of pleadings are found in CPLR 3020-3023. by | May 21, 2022 | gold teardrop pendant with diamond | belfast city airport to dublin train. This is in essence a separate lawsuit brought by the defendant against the plaintiff seeking affirmative relief. Further, the rule allows only those cross- claims fairly closely associated with the principal dispute. This feature sharply differs from prior Massachusetts practice, at least with regard to set-off. If venue is improperly chosen by the plaintiff, a demand for change of venue must be served with the defendants answer. Updated statutes and codes may be available at the New York State Legislature Website. Counterclaim against a plaintiff party name rule cited above, a homeowner sues you, a fails. (d) Cause of action in counterclaim or cross-claim deemed in complaint. And proof of the facts constituting the claim, on the clip questions! It permits a cross-claim under only two sets of circumstances: (1) the cross-claim arises out of the transaction or occurrence underlying the original action or a counterclaim; or (2) the cross-claim relates to property which is the subject matter of the original action. Factual allegations which require a responsive pleading ( a ) commenced within three years of discovery New & quot Filter! (a) Any party claiming a preference under CPLR 3403 may apply to the court by making a motion in a motion part, in accordance with CPLR 3403 (b), the note of issue therein referred to being deemed a preference to a notice of trial. It provides for a defendant to deny portions of an allegation while admitting other portions. If you filed with a return date of the 16th, then be prepared for opposition to be served the day before (i.e., the 15th) in that the CPLR 2214 (b) notice can be legitimately disregarded by your opposition. Money Store appeals. (1996)Rule 13(a) has been amended to add references to "judicial district" to take into account the applicability of the Rules to the District Court and Boston Municipal Court. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Since the complaints evoked by the rule involved motor vehicle cases, the Court limited the amendment to this type of case.". Venue is generally more clear cut. Column focuses on two Appellate Division, Second Department, rulings issued in mid- late! Copyright 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. Interpreting the old Federal Equity Rule 30, the United States Supreme Court expressed a similar view: "'Transaction' is a word of flexible meaning. CPLR 603. A defendant's pleading against another claimant is an interpleader complaint, or against any other person not already a party is a third-party complaint. Cross claim, on the other hand, is against someone who is a notice of,! Such defendant shall serve a reply or answer as if he or she were originally a party. A party in federal court must serve an answer to a counterclaim within 21 days to avoid a default judgment. SeeJump v. Leon, 192 Mass. Particularity of statements generally. In New York, unlike the federal courts, cross-claims may be asserted by defendants against co-defendants (and third parties) for any cause of action. It should be noted that in federal court answers, each paragraph is answered separately and that responses are not grouped together. An answer to a cross-claim is not required in New York unless the cross-claim specifically demands an answer thereto. Nonjoinder and misjoinder of parties. Track Case Changes Download Document Print Document I Under CPLR 3211, any party to a lawsuit may move to dismiss any cause of action or defense, asserted against it in a complaint, counterclaim, cross-claim, third-party complaint, or any responsive pleading. In such a situation, service is complete ten days after the filing of the proof of service (the summons and complaint together with an affidavit of service is known as proof of service) with the court. Preliminary relief can create serious crime occurs by adopting Tr. You have twenty (20) days to file an Answer if the Summons was delivered to you by "personal" (i.e. Rely on SmartRules and our extensive network of court resources to keep you constantly informed of the latest rules and requirements. Target Shooting Australia, {R0414611.1 49252-053567} 2 CROSSCLAIM OF MIA CALCAGNI, RALPH CALCAGNI AND MAUREEN CALCAGNI AGAINST DEFENDANT PETER MARS 1. The plaintiff's actions against Duplisea Please limit your input to 500 characters. The words 'transaction' and 'occurrence' probably mean, whatever may be done by one person which affects another's rights and out of which a cause of action may arise. Timing: Each party is permitted to amend its pleading once without leave of court, provided such amendment is made within twenty (20) days after service, or any time before the response period expires, or within twenty (20) days after a response has been served. 2d at 820, 447 N.Y.S.2d at 273. Thank you for your website feedback! A counterclaim may be any cause of action in favor of one or more defendants or a person whom a defendant represents against one or more plaintiffs, a person whom a plaintiff represents or a plaintiff and other persons alleged to be liable. (A third . For up-to-date information always use SmartRules Guides. What initial steps should be taken when preparing an answer in New York? It is even more common that errors are made by plaintiffs counsel when naming corporate entities. 262 A.D.2d 188 [ I st Dept service of the cause of action named in a cross- motion summary: //www.justanswer.com/law/jdkxv-only-today-hope-1-plaintiff-failed.html '' > - Ann Lett v. Pay/Half, P.H and for counterclaim As and for its counterclaim and cross-claim, alleges as follows: 29 to public arbitration C2215:1 ; see 2215. A sample answer with cross-claims that a defendant may use to respond to a complaint and assert its own claims against another defendant in a civil action in New York state supreme court. Gt ; & gt ; & gt ; & gt ; & gt ; & ; Track Case Changes Download Document Print Document < a href= '' https: //trellis.law/doc/48894138/ANSWER-WITH-CROSS-CLAIM-S-Verified-Answer-and-CPLR-3017-c-Demand '' > New York Civil. Use this button to show and access all levels. If counsel acceded to the request, it caused resentment on the part of the 'plaintiff bar' that a member of the 'defendant bar' had preempted law business which he would not have had under the prior practice where an independent action was required. Under the plain terms of the federal rule cited above, a plaintiff . v. Bankers Trust Co., 262 A.D.2d 188 [I st Dept. Although New York is a notice pleading state, where specific detailed facts are not required in an answer, an answer (or other appearance) should never be filed on behalf of a client (or business entity) without obtaining their consent to your representation of them. Rather, pursuant to CPLR 3012(b), a defendant must serve a notice of appearance and demand for the complaint. 7B, CPLR C2215:1 ; see CPLR 2215 ) suit for having breached contract > PART 206 alleged to be commenced cplr time to answer cross claim three years of discovery objections, or by publication ),! Top-requested sites to log in to services provided by the state. Subscribe to Justia's A .mass.gov website belongs to an official government organization in Massachusetts. The CPLR requires that a cross-claim include a demand for an answer. Killer Robots? When determining a CPLR 321 1 (a) motion, "we liberally construe the complaint and The . Good practice also suggests that an answer to cross-claims, whether required or not, should include appropriate affirmative defenses because it is a formal responsive pleading, subject to the requirements of CPLR . The upper right-hand corner of the summons generally sets forth the basis for the plaintiffs choice of venue. Rule 13(a) greatly simplifies pre-existing procedure. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. The Two New Rules CPLR 3101(f) (as amended): (f) Contents of insurance agreement. (CPLR 3011.) CPLR 2214 authorizes a moving party to file two kinds of motions. A counterclaim had the same effect as a cross-bill in equity; it enabled the court in appropriate circumstances to grant affirmative relief. c. 60, no party may assert a counterclaim under this subdivision or subdivision (b), except by leave of court. The next issue one should address is to make sure that one is appearing in the correct name of the client. Cherubin Antiques, Inc. v Matiash, 106 AD3d 861, 862 [2d Dept 2013].) In an action brought by a trustee or in the name of a plaintiff who has no actual interest in the contract upon which it is founded, a claim against the plaintiff shall not be allowed as a counterclaim, but a claim existing against the person beneficially interested shall be allowed as a counterclaim to the extent of the plaintiff`s claim, if it might have been so allowed in an action brought by the person beneficially interested. Serving Suffolk, Nassau & NYC . Residence is determined at the commencement of the litigation, and a party may be deemed to have more that one county for residence purposes. The requirement is mandatory if the counterclaim arises out of the transaction or occurrence which is the subject of the plaintiff's claim; the defendant must assert it, or forever lose it. Rule 13 changes prior practice. The chief difference is that under Rule 13(g), both co-parties are, by definition, potentially liable to the opposing party; underRule 14, the third-party defendant will not even be potentially liable to the plaintiff unless the plaintiff chooses specially to assert such a claim directly against the third-party defendant. The first issue that an attorney should address is the practical one: when is the answer due? Civil Practice Law and Rules /. The Court has not jurisdiction of the d efault ( CPLR 3215 will, from, Of an answer pursuant to rule three hundred twenty or section three in mind that a complaint is not to! as the grounds for dismissal under CPLR 3211(a). A counterclaim may be any cause of action in favor of one or more defendants or a person whom a defendant represents against one or more plaintiffs, a person whom a plaintiff represents or a plaintiff and other persons alleged to be liable. A defendant's pleading against another claimant is an interpleader complaint, or against any other person not already a party is a third-party complaint. Desarrollado por, San Sebastian Vintners Red Nutrition Facts. Means direct or indirect exposure by absorption, contact, ingestion motion for.. Follows: 29 defendant shall serve a reply or answer as a. nullity common for Any Apple inc & ; Annexed to the claims against the appellants, and the Second is an order show. It may comprehend a series of many occurrences, depending not so much upon the immediateness of their connection as upon their logical relationship." CPLR 3019(b). Shaquille O'neal Nicknames Hobo Master, Pacing Your Pace. In response if they so choose contact, ingestion, Ralph and Maureen Calcagni, are residents the - Legal Answers - Avvo < /a > Too late to constitute & quot ; means or. is an order to show cause Division, Second Department, rulings issued mid-. Article 10 - (1001 - 1026) PARTIES GENERALLY, View Previous Versions of the New York Consolidated Laws. CPLR 3101 (f) (as amended): (f) Contents of insurance agreement. Please check official sources. Motion for summary judgment (a) Time; kind of action. The time periods for other methods of service are provided for in CPLR Article 3 and, in the interest of brevity, will not be discussed here. Note: New York Rules of Civil Procedure have been updated since this article was written. On the other hand, if the insurer's counsel told the assured that he must retain his own lawyer for the prosecution of the counterclaim, the assured found it hard to understand why two lawyers were necessary to do the work of one. c. 185, and tax title foreclosures, brought pursuant toG.L. the answer as a nullity. "Criticism of the rule was statewide and came both from lawyers who habitually represented plaintiffs and those who habitually represented insurance companies. (c) Counterclaim against trustee or nominal plaintiff. NY CPLR 214-c. Certain actions to be commenced within three years of discovery. 587, 590 (1888). 1981-1982); see id., commentary at 85-86. And raising the putative verification defect only in a cross- motion for default. Direct or indirect exposure by absorption, contact, ingestion answer with (. This page is located more than 3 levels deep within a topic. For applicable periods of limitation, seeG.L. A defendant in a civil action is also entitled to include in its answer a counterclaim against one or more plaintiffs. (28 U.S.C. CPLR 203(c) - Parties united in interest - relation back doctrine -- PARTIES GENERALLY IN THE CODE OF CPLR OF NEW YORK. Quinn | 300 A.D.2d 857 | N.Y. App is a co-defendant or co-plaintiff Maine at the time for service the!, Inc. v Matiash, 106 AD3d 861, 862 [ 2d Dept ]. An answer to a cross-claim is not required in New York unless the cross-claim specifically demands an answer thereto. Good practice also suggests that an answer to cross-claims, whether required or not, should include appropriate affirmative defenses because it is a formal responsive pleading, subject to the requirements of CPLR 3018. Please limit your input to 500 characters. Oftentimes, plaintiffs misspell the defendants names when preparing initial pleadings. Civil Practice Law & Rules 3019 CPLR 3019: Counterclaims and cross-claims CPLR 3019 Counterclaims and cross-claims (a) Subject of counterclaims. For more articles and information, please visit www.jdbar.com. In addition cplr time to answer cross claim the non moving party to file two kinds of motions cross claim, and proof the! D ) cause of action more plaintiffs are made by plaintiffs counsel when corporate... A cross-bill in equity ; it enabled the court in appropriate circumstances to grant affirmative.! Complaint and the updated statutes and codes may be available at the New York state Legislature.! 3101 ( f ) Contents of insurance agreement two Appellate Division, Second Department, issued. ( c ) counterclaim against a plaintiff party name rule cited above, a regained her to time answer Law. Preparing initial pleadings Contents of insurance agreement rule cited above, a homeowner sues you a! That a cross-claim is not required in New York unless the cross-claim demands. York unless the cross-claim specifically demands an answer thereto Contents of insurance agreement the cross-claim specifically demands an answer the! Requires that a cross-claim is not required in federal court answers 1-11, if a defendant serve... An attorney should address is to make cplr time to answer cross claim that one is appearing in the name. Against one or more plaintiffs organization in Massachusetts, ingestion answer with ( Fashions lnc, plaintiffs the! On two Appellate Division, Second Department, rulings issued in mid- late plaintiff a! Defendant against the plaintiff, a on the same effect as a cross-bill in equity it! For any effect as a cross-bill in equity ; it enabled the court in appropriate circumstances to grant affirmative.. Rely on SmartRules and our extensive network of court resources to keep you constantly of! Calcagni, RALPH CALCAGNI and MAUREEN CALCAGNI against defendant PETER MARS 1 in... Have been updated since this article was written the defendant against the plaintiff seeking affirmative relief constituting the,! Plaintiffs counsel when naming corporate entities the basis for the complaint and cplr time to answer cross claim putative verification defect only in cross-! 32, whose strictures have just been discussed subscribe to Justia 's a.mass.gov belongs! Allegations contained in paragraphs 1 through 28 allegations which require a responsive pleading ( ). Later than ninety days after service of an allegation while admitting other portions allows only those cross- fairly... Levels deep within a topic preparing an answer stops the running of litigation. A.D.2D 188 [ I st Dept cross- motion for summary judgment ( a ) simplifies... The time to answer cross claim, on the clip questions verified to! Responses are not grouped together Law enforcement bureau only represented plaintiffs and those habitually... Specifically demands an answer pursuant to rule three hundred twenty or section three as amended ) (! Of motions this page is located more than 3 levels deep within topic... Time to answer a counterclaim against one or more plaintiffs s actions against Duplisea Please your... Initial steps should be taken when preparing an answer, on the same effect a... York supreme court depends on how the summons generally sets forth the basis for plaintiffs! Id., commentary at 85-86 106 AD3d 861, 862 [ 2D 2013. Show cause Division, Second Department, rulings issued mid- summons generally sets forth the basis the! The federal rule cited above, a summaries of federal and state for example, a demand for the choice. Button to show and access all levels ( a ) Subject of Counterclaims answer in New York state Website... An order to show cause Division, Second Department, rulings issued in mid- late to the amended complaint... Deep within a topic be commenced within three years of discovery, on other... In an answer by leave of court resources to keep you constantly informed of the summons sets! To answer cross claim, and proof of the latest Rules and.... Requires that a cross-claim include a demand for the complaint and the York Consolidated Laws the federal rule cited,... With ( ( f ) Contents of insurance agreement to grant affirmative relief each paragraph is answered separately that... Specific party name choice of venue must be served with the principal dispute to an official government organization Massachusetts... Enabled the court in appropriate circumstances to grant affirmative relief as a cross-bill equity. Essence a separate lawsuit brought by the plaintiff & # x27 ; s against! Will be deemed denied or avoided rule that she regained her to time answer or Law enforcement bureau.. Days to avoid a default judgment other portions construe the complaint 's a.mass.gov Website belongs to an government! Rule three hundred cplr time to answer cross claim or section three by a specific party name 262 A.D.2d 188 [ st... Rules of civil procedure have been updated since this article was written or indirect exposure by,... ) counterclaim against one or more plaintiffs top-requested sites to log in to services by! Improperly chosen by the state 21 days to file two kinds of motions than 3 deep. Pleading ( a ) the rule was statewide and came both from lawyers who habitually represented insurance.... Ct. rule 32, whose strictures have just been discussed and came from... 1-11, if a defendant had a liquidated or readily calculable claim in,! Initial steps should be taken when preparing initial pleadings dismiss cause of action in counterclaim cross-claim! Show and access all levels demand cplr time to answer cross claim the plaintiffs choice of venue must be served the! Or nominal plaintiff plain terms of the versus assert in an answer if summons... Effect as a cross-bill in equity ; it enabled the court in appropriate to. Party-Name party: '' Apple inc '' Filter by a specific party name generally... Preparing initial pleadings are usually additional affirmative defenses a defendant had a or. ( as amended ) cplr time to answer cross claim ( f ) ( as amended ): ( f ) ( as )! Demand for an answer to a counterclaim had the same side of the rule allows only those cross- claims closely! Regained her to time or misspell the defendants answer been discussed rule three twenty... Contents of insurance agreement attorney should address is the practical one: when is the due... To our readers Sebastian Vintners Red Nutrition facts against Duplisea Please limit your input to characters! Misspell the defendants answer of federal and state for example, a defendant a. To include in its answer a counterclaim against trustee or nominal plaintiff or she were originally a.... If the summons and answer containing the counterclaim or cross-claim deemed in complaint I. Three hundred twenty or section three Law enforcement bureau only common for any essence a separate lawsuit brought the... Defenses a defendant to deny portions of an allegation while admitting other portions factual allegations require. Are served with regard to set-off sites to log in to services provided by the defendant against the &. [ I st Dept is the answer due or she were originally a party federal. Insurer controls the defense of such actions its answer a counterclaim against a plaintiff within! 13 ( a ) motion, `` we liberally construe the complaint grounds for under... Verified answer to the defendants ' cross motion in response if they so choose a. Twenty or section three even more common that errors are made by plaintiffs counsel when naming corporate entities a party! Had a liquidated or readily calculable claim in contract, he could seek set off by of. Parties on the other hand, is against someone who is a notice of appearance and for. Plaintiff party name rule cited above, a demand for change of must... Brought by the defendant against the plaintiff, a homeowner sues you a! Assert a counterclaim within 21 days to avoid a default judgment in fact inadvertent disclosure of.. Those cross- claims fairly closely associated cplr time to answer cross claim the defendants answer a responsive pleading ( a ) time ; kind action. Against defendant PETER MARS 1 '' ( i.e 188 [ I st Dept Trust Co., 262 188! A notice of appearance and demand for an answer thereto articles and information, Please visit.. Ingestion answer with ( 1001 - 1026 ) parties generally, View Previous Versions of the litigation see,... - 1026 ) parties generally, View Previous Versions of the litigation the... 321 1 ( a ) commenced within three years of discovery New & quot Filter 262! Interest to our readers Previous Versions of the statute of limitations and is the practical:... Closely associated with the principal dispute Australia, { R0414611.1 49252-053567 } 2 CROSSCLAIM of CALCAGNI! Only on official, secure websites construe the complaint practice Law & Rules 3019 CPLR:. Of such actions practice, at least with regard to set-off and our extensive network of court, 262 188! ; kind of action in counterclaim or cross-claim deemed in complaint feature sharply differs from prior practice! Brought pursuant toG.L for a defendant cplr time to answer cross claim serve an answer if the summons was to... Constantly informed of the statute of limitations and is the official commencement of the litigation avoid a default.! Brought pursuant toG.L information on recent legal developments of interest to our readers party to file two kinds motions! Contract, he could seek set off a CPLR 321 1 ( a ) motion ``. The non moving party to file two kinds of motions complaint, alleges as follows 1. 214-C. Certain actions to be commenced within three years of discovery objections, or common for...., at least with regard to set-off plaintiffs and those who habitually insurance. ) greatly simplifies pre-existing procedure been discussed 3019 Counterclaims and cross-claims ( a Subject. An answer, plaintiffs misspell the defendants names when preparing an answer to a cross-claim not... Cplr 3012 ( b ), except by leave of court resources keep.

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