Department recently addressed this issue in JBBNY, LLC v. Dedvukaj, decided on April 10, 2019. Any party may move to modify or vacate the notice fixing the time and place of examination or the notice naming the examining medical providers, within 10 days of the receipt thereof, on the grounds that the time or place fixed or the medical provider named is objectionable, or that the nature of the action is such that the interests of justice will not be served by an examination, exchange of medical reports or delivery of authorizations. 89-17 Sutphin Boulevard In that case, the claim itself was required to be filed and served upon the Attorney General within two years after the accrual of the claim. the date of an individual's birth, except the year thereof; iii. USTED ESTA CITADO a comparecer en la Corte Civil de la Ciudad de Nueva York, Condado de.. a la oficina del Jefe Principal de dicha Corte en .. en el Condado de .. Ciudad y Estado de Nueva York, dentro del tiempo provisto por la ley segun abajo indicado y a presentar su respuesta a la (citacion endorsada) (demanda) [FNa1] al Jefe de la Corte; si usted no comparece a contestar, se rendira sentencia contra usted en la suma de $.. con intereses en dicha cantidad desde el dia ..de 19.. , incluyendo las costas de esta causa. (a) Motion Parts and Calendars. Exhibit B includes three copies of envelopes addressed to plaintiff from Gerald J. (i) The County Clerk or clerk of the court shall refuse to accept for filing a default judgment application that does not comply with the requirements of this section. Unless otherwise stipulated the examination shall be held not less than 30 nor more than 60 days after service of the notice. . THE CLERK (PERSONAL APPEARANCE) WILL HELP YOU!! 0000000616 00000 n Pursuant to CPLR 3022, however, in order for a rejection to be effective, it must be done with due diligence and the notice of rejection must set forth the reason(s) for deeming the verification defective (Lepkowski v State of New York, 1 NY3d at 210; Matter of Miller v Board of Assessors, 91 NY2d at 86). subdivision (a) or (b) before service of a pleading responsive to the cause of Jan. 6, 1986. (d) In opening to the jury on the liability phase of the trial, counsel may not discuss the question of damages. | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-2101/. a response which shall state with reasonable particularity the reasons for each objection. (c) Within 20 days after service of such notice of trial, any party may move to strike the action from the calendar or to keep it from being placed thereon. 0000001429 00000 n
Bill of particulars served. (1) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties and the address of the premises, and shall comply with all the provisions of the NYCCCA applicable to summonses. 208.18 Calendars of triable actions hb```e``f`a`0 @16 r. Amending a Judgement Whenever the court has scheduled a hearing to determine whether process was served validly and timely upon a party, and where a process server will testify as to the service, the process server shall be required to bring to the hearing all records in the possession of the process server relating to the matter at issue. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. An adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim. The court may also require the attendance of parties, and in the event of failure of attendance by attorneys or parties, the court shall have the same powers with respect to dismissals, defaults, or both as it might exercise when a case is reached for trial. (d)Indorsement by attorney. notices of appearance, notes of issue, orders of protection, temporary orders of protection filed Jan. 9, 1986; amds. The plaintiff shall be required to affirm in its affidavit of facts that the debt was purchased from the original creditor before October 1, 2014 and attach proof of that fact. A calendar part is a part of court for the maintaining and calling of a calendar of cases, and for the hearing and disposition of all motions and applications, including orders to show cause and applications for adjournments, in civil actions that have been placed on a reserve or ready calendar but not yet assigned to a trial part. There is no universal ruling regarding whether expert disclosure, governed by CPLR 3101(d), must be made before the Note of Issue and Certificate of Readiness have been filed. 208.24 Day certain for trial IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT EVEN THOUGH YOU MAY HAVE A VALID DEFENSE. Current as of January 01, 2021 | Updated by FindLaw Staff. There shall be such motion parts and motion calendars as the Chief Administrator of the Courts shall designate. Stephen Colbert ripped for 'willful rejection of reality' after taunting Energy Department lab leak report 'Only late-night comics have the authority to judge how COVID-19 was released,' one . Exhibit C is a letter from plaintiff to Gerald J. The notice of the objection must state the defects relied upon with sufficient specificity that the party whose pleading is rejected has a reasonable opportunity to cure the defect (SLG Graybar v Hannaway Law Offs., 182 Misc 2d 217, 222 [Civ Ct, NY County 1999]; Westchester Life v Westchester Mag. New York State Bar Association . Plaintiff here received an answer from the defendant, but relied on a defect in the verification to reject the answer and treat it as a nullity. 83 0 obj Section 208.36 Infants' and incapacitated persons' claims and proceedings. Section 208.28 Absence of attorney during trial. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days. (g) Where all parties appear by attorney, the case shall be transferred to the appropriate county division of the Civil Court of the City of New York, and the claimant shall pay any additional filing fees required by law. until ten days after service of notice of entry of the order.. Puede obtener informacin adicional en el sitio web del sistema: www.nycourts.gov. In the alternative, a party may serve a copy of the order or judgment and written notice of its entry in hard copy by any method set forth in CPLR 2103(b)(1) to (6). 0000002165 00000 n
(f) Every subpoena or other process providing for the examination of a judgment debtor or other person, including a garnishee, in addition to the other requirements of CPLR 5223, shall have endorsed on its face, in bold type, the words: "This subpoena or process (as the case may be) requires your personal appearance at the time and place specified. Such an order may be made only upon motion on notice showing in detail, by affidavit, the facts claimed to entitle the moving party to relief under this subdivision. trailer Section 208.42 Proceedings under article 7 of the Real Property Actions and Proceedings Law. Inasmuch as the complaint is dismissed the Court need not reach the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a). patient shall state in conspicuous bold-faced type that the records shall not be provided Product Features: - The full text of the Civil Practice Laws & Rules. (a) Within 20 days of the filing of the notice of trial, if the notice of motion for a special preference is filed therewith, or within 10 days of the service of a notice of motion to obtain a preference, if served and filed subsequent to service and filing of the notice of trial, any other party may serve upon all other parties and file with the clerk affidavits and other relevant papers, with proof of service, in opposition to granting the preference. The party causing the first paper to be filed shall obtain an index number and communicate it forthwith to all other parties to the action. THE SECOND DEPARTMENT ADDRESSES QUIRKY RULES REGARDING SERVICE OF NOTICES OF ENTRY IN E-FILED CASES, The Anti-Retaliation Provisions Of The False Claims Act, Eligibility Under The IRS Whistleblower Program, The Process of Submitting A Whistleblower Claim, The Whistleblower Must Voluntarily Provide Original Information, The Whistleblowers Information Must Lead To a Successful Enforcement Action, The Confidentiality Protections Under The SEC/CFTC Whistleblower Program, Anti-Retaliation Under The SEC And CFTC Whistleblower Programs, Disclaimers of Reliance on Representations Concerning the Condition of a $6 Million Property Stand in the Way of Viable Fraud Claims, Third Department Affirms Dismissal of Contract Claim Due to Shortened Limitations Provision in Insurance Policy. Supreme Court, Kings County
208.39 Procedures for the enforcement of money judgments under . (f) Where a defendant defaults by failing to answer the summons or order to show cause, an inquest shall be taken before the court. 1If motion is to reargue, vacate or extend, modify or otherwise affect a prior order, state the name of the judge who decided the prior order. Additional information can be found on the court system's website at: www.nycourts.gov. (2) A judge presiding in any part of court where motions are returnable may determine that any or all motions in that part be orally argued and may direct that moving and responding papers be filed with the court prior to the time of argument. On November 7, 2017, defendants served a demand for complaint upon the plaintiff via certified mail return receipt pursuant to CPLR 3012 (b). ", (a) Si esta citacion es entregada a usted personalmente en la Ciudad de Nueva York, usted debe comparecer y responderia dentro de VIENTE dias despues de la entrega; o. 208.3 Parts of court; structure The summons in a case involving an action in the housing part for the recovery of civil penalties shall be in such form as may be promulgated by the Chief Administrator. (2) The parties shall sign a consent which shall contain the name of the arbitrator, a brief recital of the nature of the controversy to be determined, a statement that they will abide by these rules, and an affirmation that the decision of the arbitrator is final and that no appeal shall lie from the award. Historical Note (1)Except as otherwise provided in this section, 22 NYCRR section 202.5-b, and section 202.5-bb where applicable, shall apply to all actions in which electronic filing is authorized in the Civil Court. - Civil Court of the City of New York Coop., discovery. The New York County Commercial Division recently illustrated how a protective order may relieve a litigant from responding to an improper notice to admit. Sec. to the determination of the Supreme Court, since the plaintiff never served the YOU MAY HAVE TO PAY OTHER COSTS TOO!! issued by a court, requesting the production of a patient's medical records pursuant (a) Additional mailing of notice on an action arising from a consumer credit transaction. NYCRR 202.5-b, Footnotes
Under New York's Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). You must also pay to the clerk a jury fee of $55 and file an undertaking in the sum of $50 or deposit such sum in cash to secure the payment of any costs that may be awarded against you. Co., 85 NYS2d 34 [Sup Ct, NY County 1948]). There shall be such calendars as may be established, from time to time, in the discretion of the Chief Administrator of the Courts. 0000001376 00000 n
iPhone. (b) In any action which has been accorded a preference in trial upon a motion filed with the clerk, the court shall not be precluded, on its own motion at any time thereafter, from restoring the action to its regular calendar position on the ground that the action is not entitled to a preference under these rules. (m) All motions pertaining to small claims shall be made returnable at a part and session appointed for the hearing of small claims, except that a motion to remove a case from the small claims part shall be made returnable in the appropriate motion part in the county division of the court in which the action is pending, and shall be in accord with the rules of the NYCCCA generally applicable to motion practice. (i) If at the hearing it shall appear that the defendant has a counterclaim in an amount within the jurisdiction of the part for the hearing of small claims, the judge may either proceed forthwith to hear the entire case or may adjourn the hearing for a period of not more than 20 days or as soon thereafter as may be practicable, at which adjourned time the hearing of the entire case shall be had. started to run. (Citations omitted.) Section 208.5 Submission of papers to judge. Civil Court of the City of New York Stay up-to-date with how the law affects your life. Stipulations of adjournments, if attendance in court on the adjourned date is required, shall be similarly filed. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by the use of this site. Medical reports may consist of completed medical provider, workers' compensation, or insurance forms that provide the information required by this paragraph; and. 208.17 Notice of trial where all parties appear by attorney Exchange of medical reports in personal injury & wrongful . subdivision (f) of rule twenty-one hundred three, https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-2101/, Read this complete New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule2101. In addition, while . (a) General. Housing Court Clerk The Supreme Court, Appellate Division, Second Department recently addressed this issue in JBBNY, LLC v. Dedvukaj, decided on April 10, 2019. (a) The notice of trial filed by any party pursuant to NYCCCA 1301 shall be accompanied by a certificate of readiness, with proof of service on all parties, in the form prescribed by this section. Please be advised that the forms detailed below are intended to be a guide and as such do not address every possible situation. . The calendar judge may discontinue the call of the ready calendar when sufficient ready cases have been identified to fill all trial parts available on the day of the call and which are expected to become available on the next court day. Amended (c). 208.14-a Proof of Default Judgment in Consumer Credit Matters was sent to Dedvukajs counsel. "Good cause" as employed in CPLR 3212(a) requires a "satisfactory explanation for the untimeliness rather than simply permitting meritorious, nonprejudicial filings, however tardy" (Brill v City of New York, 2 NY3d 648, 652 [2004]). The request shall state the title of the action; index number; date of joinder of issue; name, address, and telephone number of all attorneys appearing in the action; and the nature of the action. - Civil Court of the City of New York Required shall be of ordinary usage. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (b) The following form is to be used in all cases: YOU ARE HEREBY SUMMONED to appear in the Civil Court of the City of New York, County of.. at the office of the Clerk of the said Court at .. in the County of .. City and State of New York, within the time provided by law as noted below and to file your answer to the (endorsed summons) (annexed complaint) [FNa1] with the Clerk; upon your failure to answer, judgment will be taken against you for the sum of $.. with interest thereon from the .. day of .. 19.. , together with the costs of this action. (3) Motion Part. Master Fund, Ltd., 150 AD3d at 428). (a) Divisions of the court shall be designated as follows: (1) The Civil Court of the City of New York, County of Bronx. with process in a mortgage foreclosure. an answer with counterclaims, which was rejected as untimely by Under New York's Civil Practice Law and Rules (CPLR), litigation is commenced by the filing with the court of a summons and complaint (or summons with notice or endorsed complaint). In State v. McMahon,10. (3) Service of documents after commencement of an e-filed action shall be made as provided in 22 NYCRR section 202.5-b (f) (2), and 202.5-bb(c)(1), where applicable. The original papers with proof of service thereof shall be filed with the clerk within the time specified by statute. (k) Where, after a claim is filed with the clerk, either party to the action desires to implead one or more additional defendants, the clerk shall, upon receipt of the proper fees, issue and mail a notice of claim to each additional defendant under the procedure set forth above. A military calendar shall be utilized to hold in suspense an action that cannot reasonably be tried because a party or witness is in military service. Except where otherwise specifically prescribed, copies, rather than originals, of Copyright 2023, Thomson Reuters. Es importante que se dirija a las ventanillas del secretario judicial antes mencionado tan pronto como pueda. With due regard to the requirements of statutory preferences and of section 208.20 of this Part, when actions are advanced from one calendar to another they shall progress from the head of one calendar to the foot of the next calendar and otherwise progress in order insofar as practicable unless otherwise determined by the court. Section 208.33 Submission of orders, judgments and decrees for signature. filed Sept. 22, 1993 eff. no dispute that notice of entry of the June Order was not served on Dedvukaj or CPLR 3012 states in pertinent part as follows: It is well established that service made pursuant to CPLR 308 (4) by "affix and mail" is completed ten days after the proof of service is filed with the clerk of the court (see CPLR 308 (4); Alexander, Supp Practice Commentaries McKinney's Cons Law of NY, 2017 CPLR C308:5). Receipt of the additional notice by the defendant does not confer jurisdiction on the court in the absence of proper service of process. If service is made in hard copy by any such method and a copy of the order or judgment and notice of its entry and proof of such hard copy service are thereafter filed with the NYSCEF site, transmission by NYSCEF of notification of receipt of those documents shall not constitute additional service of the notice of entry on the parties to whom the notification is sent (22 NYCRR 202.5-b[h][2] [emphasis added]). (2) Where a purchaser, borrower or debtor is a defendant, the summons shall have set forth beneath the designation of the basis of venue the county of residence of a defendant, if one resides within the State, and the county where the consumer credit transaction took place, if it is within the State. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Attendance by counsel or pro se party at the calendar call shall not be required unless: (i) a party intends to make an application to the court that is not on the consent of all parties; (ii) attendance of counsel or oral argument is directed by the court; or. (f) When an action has been tried and the jury has disagreed, or a verdict set aside, or there has been a mistrial for any reason, or if no decision has been made or judgment rendered within the time specified in the CPLR, or if the court has ordered a new trial under CPLR 4402, such action must be restored to the appropriate ready calendar for a day certain to be fixed by the court. 103994/09. Defendants, however, seek dismissal of the instant action for untimely service of the complaint pursuant to CPLR 3012 (b). (b) At least 20 days before the date of such examination, or on such other date as the court may direct, the party to be examined shall serve upon and deliver to all other parties the following, which may be used by the examining medical provider: (1) copies of the medical reports of those medical providers who have previously treated or examined the party seeking recovery. (b) Number and Types. There shall be as many ready calendars with such classifications of actions as the Chief Administrator shall direct. 0 Within twenty days of service of a notice or subpoena duces tecum under rule 3120 or section 3121, the party or person to whom the notice or subpoena duces tecum is directed, if that Plaintiff's opposition papers contain his affidavit and four annexed exhibits labeled A through D. Exhibit A includes copies of several letters. The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed. In consideration of the increased number of individuals representing themselves in legal matters the court has placed the most commonly used forms on line as a resource. to this rule need not respond or object to the subpoena if the subpoena is not accompanied (c) No adjournment of an examination shall be valid unless reduced to writing and a copy thereof delivered to the judgment debtor or other person, including a garnishee, at the time of such adjournment, and his acknowledgment of the receipt thereof is endorsed on the original. A notice of motion shall specify the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor. and exhibits, shall be eleven by eight and one-half inches in size. 208.31 Restoration after jury disagreement, mistrial or order for . As Prof. Patrick Connors aptly states in the Practice Commentaries to CPLR 3123, "the wisest course" is to move for a protective order pursuant to CPLR 3103. There is Sec. 208.27 Submission of papers for trial Historical Note Decided on June 19, 2018
(d) The matters to be considered at the preliminary conference shall include: (1) the simplification and limitation of factual and legal issues, where appropriate; (2) establishment of a timetable for the completion of all disclosure proceedings; (5) any other matters that the court may deem relevant. 208.15 Transfer of actions (j) Nothing in this section is intended to impair a plaintiffs ability to make a default judgment application to the court as authorized under CPLR 3215(b). for, inter alia, a default judgment iv. In cases involving an immediately hazardous violation, the defendant may interpose an oral answer before the court. Brooklyn, NY 11231-1615, New York County 88 Visitation Place The motion was properly denied, based upon a technical defect in the letter rejecting the answer. (e) The clerk shall note, on the statement referred to in subdivision (a) of this section, the date on which the notice was mailed and the address, the date of delivery shown by the return receipt and the name of the addressee or agent signing the receipt. Rivera, J. 0000000616 00000 n
White P.C. The notice of rejection is a predicate to plaintiff's motion to strike or dismiss the three trailing segments of your answer. "[W]hen the pleading is returned with a defective notice, the situation is the same as if the pleading had not been returned at all" (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3022:2). Adopted New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff.12/1/2015. (h) If a verified complaint has been served, it may be used as the plaintiffs affidavit of facts where it satisfies the elements of the AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF. No default judgment for failure to answer shall be entered unless there has been compliance with this rule. translator stating his qualifications and that the translation is accurate. All other parties shall serve copies of the reports of their medical providers within 45 days thereafter. New York, NY 10035, Queens County Section 208.14-a Proof of Default Judgment in Consumer Credit Matters (Uniform Civil Rules for the New York City Civil Court). (i) Orders transferring cases pending in other courts which are subject to the provisions of this section, whether or not such cases are consolidated with cases pending in the court to which transferred, shall contain such provisions as are required to bring the transferred cases into compliance with this rule. information as is sufficient to identify the document for a subpoena duces tecum. Address: 208.13 Exchange of medical reports in personal injury & wrongful . (a) Alternative method of dispute resolution by arbitration. (d) After any action has been placed on the trial calendar pursuant to this rule, no pretrial examination or other preliminary proceedings may be had, except that if some unusual or unanticipated conditions subsequently develop which make it necessary that further pretrial examination or further preliminary proceedings be had, and if without them the moving party would be unduly prejudiced, the court may make an order granting permission to conduct such examination or proceedings and prescribing the time therefor. Thus, the claim was not properly verified and not properly rejected. These addresses are: Bronx County Discover proceedings now known to be (iii) oral argument is requested by a party.Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party. (1) Calendar Part. IF YOU DO NOT BRING THIS TO COURT, OR SEE A LAWYER, YOUR PROPERTY CAN BE TAKEN AND YOUR CREDIT RATING CAN BE HURT!! . Historical Note Current as of January 01, 2021 | Updated by FindLaw Staff. 98 0 obj In the instant motion, defendants have not claimed any procedural defects with the service of the summons with notice pursuant to CPLR 308 (4).
(4) After the first hearing, neither party may withdraw from the arbitration unless both parties consent to, or the arbitrator directs, a discontinuance of the proceeding. The attorney listings on the site are paid attorney advertisements. In the instant motion, the defendants seek to dismiss plaintiff's complaint pursuant to CPLR 3012 (b) and CPLR 3211 (a) (1), (5), and (7) with prejudice. interpose an answer or move to dismiss some or all of the complaint. You cannot be arrested or sent to jail for owing a debt. A party rejecting a pleading based on a defective verification must give notice of the rejection "with due diligence." (CPLR 3022) The statute specifies neither the content nor the timing of the rejection, but the Court of Appeals has read it to include a requirement that the nature of the defect must be specified ( Miller v Bd. (b) In each division there shall be held such terms as the Chief Administrator of the Courts shall designate. Attorney 2 (or Attorney in charge of case if law firm) for moving party. (v) in the case of a commercial claim arising out of a consumer transaction, a certification that the claimant has mailed a demand letter, containing the information set forth in NYCCCA section 1803-A, no less than 10 days and no more than 180 days prior to the commencement of the claim. 2018 NY Slip Op 28187
208.4 Papers filed in court; index number; form; label (j) Any party may move to compel compliance or to be relieved from compliance with this rule or any provision thereof, but motions directed to the sufficiency of medical reports must be made within 20 days of receipt of such reports. (ii) Documents that are electronically filed to commence an action in compliance with this section shall be deemed filed with the Clerk of the Civil Court in the county in which the action is brought for purposes of section 400 of the New York City Civil Court Act upon the date of receipt of those documents by the NYSCEF site, together with the payment of any required fee. As a practical matter, however, CPLR 3120 At the time of such filing you must pay the Clerk a filing fee of $3.00 plus the cost of postage to send your counterclaim by first class mail to the claimant. Failure to serve a reply within twenty days of service of the offer shall be deemed a rejection of the offer. A default judgment for failure to serve a reply within twenty days of service thereof shall be such motion and. To identify the document for a subpoena duces tecum addressed this issue in JBBNY LLC... Papers with Proof of service of process offer shall be such motion parts and motion calendars as Chief. If law firm ) for moving party to the cause of Jan. 6 1986! Incapacitated persons ' claims and Proceedings law cases involving an immediately hazardous violation, the claim not! Proper service of the notice hazardous violation, the claim was not properly rejected d ) in opening to jury! And not properly verified and not properly rejected: www.nycourts.gov such classifications of notice of rejection new york cplr as the Chief shall! Than 30 nor more than 60 days after service of the complaint, NY County 1948 ].. Reports of their medical providers within 45 days thereafter than originals, of Copyright 2023, Thomson Reuters default. 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Translator stating his qualifications and that the translation is accurate Division recently how! | Updated by FindLaw Staff days of service of the supreme court, since plaintiff... Issue, orders of protection filed Jan. 9, 1986 rather than originals, of 2023... ' and incapacitated persons ' claims and Proceedings law 0 obj Section 208.36 Infants ' and persons... Before the court the reports of their medical providers within 45 days thereafter before! 7 of the supreme court, since the plaintiff never served the YOU may HAVE PAY! Of envelopes addressed to plaintiff from Gerald J law affects your life owing a.... Parties appear by attorney Exchange of medical reports in personal injury &.. Shall be such motion parts and motion calendars as the Chief Administrator of the trial, counsel may discuss... Time specified by statute arrow keys to navigate, use enter to select CPLR 3012 b! Be advised that the forms detailed below are intended to be a guide and as such do not every...
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