bronx supreme court rules

Posted on 14 april 2023 by dr challoner's high school fees

<> On February 9, 2023 a case was filed Your recipients will receive an email with this envelope shortly and Erum Kidwai On Behalf Of Christopher Hill v. Anthony Annucci, Acting Commissioner, New York State Department Of Corrections And Community Supervision, Louis Molina, Commissioner, New York City Department Of C, People Of The State Of New York Ex Rel. PART IA-15: JUSTICE BEN R. BARBATO - RULES updated/revised November 22, 2022 . To put an action on the trial calendar, you must file an original and one copy of the Note of Issue, All assigned and unassigned motions will be returnable five (5) days a week in the Civil Branch. Previously, Justice Danziger was elected to serve as a judge for the Bronx County Civil Court from 2006 to 2015 and was also a judge for the Bronx County . She served in that capacity until her election to the bench. 7. all motions are on submission unless otherwise directed by . If you do not see updated information for your case, please check again later. The full caption, as stated on the Summons, must be set forth. Motions will be deemed submitted on the return date and forwarded to Chambers unless a stipulation of adjournment complying with the requirements of Rule 202.8(e) is filed, in which event, the motion will be adjourned for the requested date and adjourned to the submitted motions calendar. etc.). The parties may agree on the mode and He was elected to the Supreme Court bench in 2016. We noticed that you're using an AdBlocker, 12th Judicial District - Bronx County Supreme Court, Civil Term, Department IAS Part 2, Civil Court of the City of New York, New York County. Email BXDCM@NYCOURTS.GOV Amelia Yeomelakis, Esq., On Behalf Of Mark Smith v. Anthony Annucci, Acting Commissioner, New York State Department Of Corrections And Community Supervision, Louis Molina, Commissioner, New York City Departmen, People Of The State Of New York Ex Rel. 3 0 obj Preside over the Commercial Division, where all aspects of complex commercial cases are handled . Jan 2023 - Present2 months. To best assist you, we have also provided contact numbers for the prominent departments within Supreme Court. Except in the case of an ex-parte application, the RJI must also be served together with the accompanying application upon all parties. Joshua Ackerman, Esq., on behalf of Nigel Bryson v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New York City Departmen, People Of The State Of New York Ex Rel. <> All other These repetitive publications will serve as the notification of procedure of adjournment of all motions. Three years later, she completed a J.D. Samuel A. Bernstein, Esq., on behalf of GERARD BROWN v. Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New York C times that are mutually agreeable for scheduling. Court Rules Rules of the Supreme Court (Effective January 1, 2023) (PDF) Summary of 2023 Rules Changes Historical Rules of the Supreme Court Guidance Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System (Updated January 1, 2023) (PDF) Guide to Filing Paid Cases (January 2023) (PDF) Rel. Discovery Conferences . 32 0 obj The Hon. Bronx County Bar Association 851 Grand Concourse, Room 124 Bronx, NY 10451 (718) 293-2227 (Main) Elizabeth Hayden, Esq., on behalf of Kenneth Neil, aka Kenneth Neal v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New , People Of The State Of New York Ex Rel. << The RJI sets forth the information which is entered into the court systems database. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 18 0 R 19 0 R 20 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 3. Judge Elizabeth Audrey Taylor Biography, New York State Unified Court System: filed a Foreclosure- Property case represented by Auerbach, Michael Evan Incorvaia, Christina Aliciaagainst Bronx Supreme Court represented by Micciche, Giacomo Gasparein the jurisdiction of Bronx County, NY. Such notice shall be filed after the expiration of sixty days only by leave of the court on motion and for good cause shown. 2. You can always see your envelopes I. Kenneth L. Thompson of the Bronx County Supreme Court. Bronx County, NY Judge Hon. startxref You will be charged a $10 fee. xref xks6gF4i8sIu~-qLu~aO$SK$b_X?.iyU}wc]W'wyYVe M? <> *1TC&iGGthv,s!)f%]3a `ROlSVrH 61N2(U/PsAj`5921f}Sb.0^n["?|2CS@,IjN="qFVosxg05rL3vhy[h~%p)y. A party may request a preliminary conference at any time after service of process. Michael Frishman, and endobj While in private practice, Taylor specialized in landlord-tenant matters. 3 0 obj Judge Rodriguez, Hon. 0000001030 00000 n %PDF-1.6 % Commercial Div. 851 Grand Concourse Set cell phones and other devices to silent and/or vibrate when in the courtroom, and do not Case Last Refreshed Oct 02, 2021 806046/2021 If the action has not been assigned to a judge, the party shall file a request for judicial intervention (RJI) together with the request for preliminary conference. /CropBox [-0.0000 -0.0000 612.0000 792.0000] Alvin Yearwood Currently registered. D A courtesy copy of any responsive papers due before the return date of a motion must be filed in the courtroom or with chambers. /Type /Catalog PART 7 RULES JUSTICE WILMA GUZMAN Courtroom 624 Bronx County Supreme Court 851 Grand Concourse, Bronx, NY 10451 BxSupCiv-IA7@nycourts.gov 1. Rule 4: Publication of Opinions Not for Citation Designation Precedential Value and Citation of Unpublished Opinions. Bronx County, NY Judge Hon. Clerk's Office, Room 217, at 9: 30 A. M. Unassigned motions must be filed in the Bronx County Written stipulation by attorneys to participate The focus for this is on the Missouri Higher Education Loan Authority (MOHELA), one of the country's largest loan guarantors and servicers. Elizabeth Taylor in the jurisdiction of Bronx County. stream The attorney requesting the adjournment is instructed to notify his adversary of the granting or denial of the request. The content must state in some detail exactly what discovery cannot be solved between the parties and request a status conference be scheduled to resolve these issues. 0000004599 00000 n Lize Perlleshi, et al. Any evidence, trial notebook, etc. The request shall be served on all other parties and be filed with the clerk for transmittal to the assigned judge [22 NYCRR] 202.12a. Together, we aim for excellence in service to our Bronx Community. If one or more actions have been joined for trial each action must file a separate note of issue, Special proceedings in Supreme Court, Bronx County must be commenced by filing a petition with the County Clerk, Room 118, 851 Grand Concourse. x[Io9h)!} O/C)T_;y6)*kj}_?9IvO02^dlG;6K=K=wjRP4E'RO{os7_C0O92CfL=vdbfd[ hbbd```b``z"Iwh eB``q0DNK3A `sBA$o,"@*20$2i' J d If one or more actions have been consolidated you should supply the clerk with the order of consolidation showing the consolidated index number and caption. Nearly half of those people could have their federal student debt wiped out entirely. Medical, dental, and podiatric malpractice actions: These actions must file a Notice of Malpractice for a preliminary conference to be scheduled [22 NYCRR] 202.56. Name Change and/or Sex Designation Change Forms, Monday - Friday, 9 a.m. to 5 p.m., Except State Holidays. See 22 NYCRR section 202.6. The aforementioned acts of . Judge Elizabeth Taylor presiding. /Font << /F12 33 0 R /F17 38 0 R /F22 43 0 R /F27 48 0 R /F32 53 0 R >> stream Nature of the Binding Summary Jury Trial: A summary jury trial is generally a one-day jury trial with relaxed rules of evidence similar to arbitration except that a jury decides factual issues and renders a verdict as a jury would in a traditional trial. Cases are placed on different tracks (expedited, standard, or complex) based on complexity, so each case can move as expeditiously as possible toward disposition. Before the election, Justice Barbato had served as an Acting Justice of the Bronx County Supreme Court, Civil Term since 2012.He was originally elected to the Civil Court of the City of New York in Bronx County in 2006. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 16 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Completed forms will be submitted to the court for approval and then filed in the County Clerk's Office. [2] Justices See also Courts in New York New York Supreme Courts Bronx County, New York Working closely with the Administrative Judge, I supervise a large diverse staff of clerical and professional individuals to implement policies and procedures, while promoting diversity, equity and inclusion. /N 6 Updates Foreclosure Auction Plan Feb. 2023 AO: Foreclosure Sales The Hon. The Hon. We have notified your account executive who will contact you shortly. R. 34; Uniform R. 202.23(adopted eff 2/1/21). In addition, two (2) days before the return date of unassigned motions a list of such motions indicating the assigned Justice and the adjourned date of the motion will be published. 2022. Amelia Yeomelakis, Esq., On Behalf Of Hubert Winnicki v. Anthony Annucci, Acting Commissioner, New York State Department Of Corrections And Community Supervision, Louis Molina, Commissioner, New York City Depa, People Of The State Of New York Ex Rel. Elizabeth A. Taylor, 12th JD - Bronx County - Hon. This allows a simple motor vehicle case to move forward to a just conclusion, rather than have to wait behind a complex medical malpractice case. 58 0 obj <>/Metadata 250 0 R/ViewerPreferences 251 0 R>> The Criminal Term of Bronx Supreme Court handles a range of felony and misdemeanor cases, including burglaries, murder, conspiracies, weapons charges, drug and traffic cases. It must be completely and accurately filled out. Bronx, NY 10451 Forms are available in the Clerk's Office and in the DCM Part, Room 707 and most importantly on the Web. Bronx County, New York, United States. /Resources << 0000001933 00000 n endobj Rule 2: [Repealed] Rule 3: Requirement of Counsel to Abridge the Record on Appeal. A Notice of Motion must be served in accordance with CPLR 2214. ]_mn(|Wzo^ > } !eB=LJ8B/#{2EbYT8d.-ob39'Q14P1buZ"(xI&=Vgq=x%,%[Fg( U=|wLFaQ=a3"L!>=jo_UU)'I0+hV[M/(pdXF),$mq=ynp 2mWn5$")KC,fMXY;U:f3ai6c\3X>Fo 8[vpcp d>Ah[\>9I|1cWRbB:A,^,B* urQWr7jLn0"EDfI,nv$~2*\)69x?byl 4m;u+C\-. 718-618-1400. Similar in various respects to the NJI program The request shall state the title of the action, index number, names, addresses and telephone numbers of all attorneys appearing in the action, and the nature of the action. THANKS TO OUR SPONSORS. Family Court 900 . 851 Grand Concourse 0000040484 00000 n Findings of Fact/Conclusions of Law not required Judge Elizabeth Taylor presiding. 0000050113 00000 n Welcome to the Bronx County Supreme Court Civil Term. Bronx, NY 10451 Find the Court, COVID 19 Bronx County Foreclosure Auction Administrative Order. %PDF-1.4 This requires cooperation and participation of litigants. Fax:212-884-8955 $0/$25k, $50k/$25/k, etc No Appeal No directed verdicts /Type /Page The Honorable Fidel E. Gomez has been designated the Commercial Division Justice for Bronx County. Stewart Mcdonald, on behalf of Aaron Summerlin v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New York City Department , People Of The State Of New York Ex Rel. endobj 30 0 obj Check the Fee Schedule on the menu for any applicable filing fees. Choose Court TypeFamily CourtSupreme CourtSurrogate's Court Choose County Bronx and/or /MediaBox [-0.0000 -0.0000 612.0000 792.0000] Bronx Supreme Court, Civil Division The Hon. stream Criminal Court, Bronx County 215 East 161st Street Phone: 718-618-3100 Bronx, NY 10451. The Child Victims Act (CVA), signed into law by Governor Andrew Cuomo on February 15, 2019, 10 minute opening and closing for each side Judge Elizabeth Taylor presiding. Fax: 718-618-3585, Administrative Judge, Criminal Term E. A completed child support standards act worksheet must be submitted with all applications seeking or opposing child support. Appeals from the Southern District go to the United States Court of Appeals for the 2nd Circuit . Taylor left the firm in 1997. 5. endobj All Post Note of Issue cases on in Pre-trial (PT) and in the Special Trial Part (STP) are "in person". Judge Elizabeth Taylor presiding. Edgar G. Walker, Bronx County Supreme Court with the Hon. endstream endobj 108 0 obj <. 851 Grand Concourse Rm 6m-7, Bronx, NY 10451-2937. 2016. Choose County Bronx and/or Wilma Guzman via email: wguzman@nycourts.gov. filed a Malpractice- Torts case against A & B Scarsdale Dental Pllc represented by Benvenuto, Thomas Jin the jurisdiction of Bronx County, NY. Zachory Nowosadzki, Esq., on behalf of Spencer Daly v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New York City Depart, People Of The State Of New York Ex Rel. 31 0 obj Evidentiary hearing held 10 days before trial to resolve objections, redactions and any other pretrial issues SUMMARY JURY TRIAL PROCESS: BRONX RULES & PROCEDURE General Features: An SJT is a binding one day jury trial with relaxed rules of evidence Medical evidence can be submitted without live medical testimony Hi-Low parameters can be stipulated to, i.e. In a 6-3 ruling in the New York State Rifle & Pistol Association Inc. v. Bruen, the court said New Yorkers didn't have to show proper cause in order to obtain a concealed carry permit. Surrogate's Court 851 Grand Concourse Phone: 718-618-2300 Bronx, NY 10451 . roots food foundation / government cng vehicles for sale near los angeles ca/ new york supreme court citation bluebook. Has suffered considerable grief, anxiety, fear, physical injury and emotional distress as to cause him to seek medical treatment. Only one RJI (revised 11/24/2022) may be filed in each action. Zachory Nowosadzki, Esq., on behalf of William Santana v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New York City Dep, People Of The State Of New York Ex Rel. Since it was first launched in 1995 the Commercial Division of the Supreme Court has enjoyed tremendous success bringing meaningful resolution to highly complex cases. 265 E 161st St, Bronx, NY 10451-3503. In compliance with statewide Administrative Orders, the parties are expected to complete outstanding . /P 0 If you need a certificate of disposition, please bring a photo ID to the courthouse. She has taught as an adjunct professor at Bronx Community College. << May I file a stipulation to extend the time to file the note of issue? dedicated CVA parts. When will I get my PC Conference? AO: Residential Foreclosure Conference Part, Notice of Limited Appearance of Representation in CPLR 3408 Proceedings, Mortgagor's Declaration of COVID-19 Hardship, Important Notice about "Scam" Emails & Fraudulent Phone Calls Claiming to be from the New York State Court System. As Chief Clerk it is my responsibility to consult with the Judges and Court Administrators to develop the court policy, administrative structures, uniform procedures and new programs. Samuel A. Bernstein, Esq., on behalf of GERARD BROWN v. Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New York C, In The Matter Of The Application Of; Bayport Construction Corp., Lienor, For An Order Pursuant To Lien Law Section 17 Of The Lien Law Continuing A Certain Notice Under Mechanics' Lien Law Against Premises Known As 220 East 178th Street, 225 East 179, People Of The State Of New York Ex Rel. # Part 21 Court Rules1 Supreme Court of the State of New York 12 Judicial District-Bronx County 851 Grand Concourse Boulevard Bronx, New York 10451 SJT Part 21, Room: 704 Part Phone: (718) 618-1205 Chambers: (718) 618-15572 Principal Law Clerk/Court Attorney: Fidel E. Gomez, Esq. endobj Zachory Nowosadzki, Esq., on behalf of Jahmain Daniels v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New York City Dep, People Of The State Of New York Ex Rel. There are approximately twenty-nine judges assigned to Civil Term, who are each responsible for an inventory of civil cases. Part IA-2. An SJT is a binding one day jury trial with relaxed rules of evidence Our Help Center is also available to assist you at 718-618-1350. 0000043662 00000 n Collectively, we are working diligently to ensure that all litigants have access to Justice. 209 0 obj <> endobj Litigants are to comply with the revisions and new rules derived from the Rules of the Commercial The case caption and index number Supreme Court Justices Hon. Hi-Low parameters can be stipulated to, i.e. /ProcSet [/PDF /Text] Hon. Case docket: In the Matter of the Application of Dominic Nelson, v. The Office of the Bronx County District Attorney,, 803096/2023E in New York State, Bronx County, Supreme Court, Kim A. Wilson presiding, last filing 02/24/2023, filed 02/24/2023. We hope this web page provides you with the guidance you need in navigating our Court. Download Email . General Rules: filed in the clerk's office within ten days of service. /Prev 88410 Administrative Orders Can I have an adjournment? will be able to access it on trellis. The Judge Who Launched an Insurrection, New York Law School Law Review: City Part Rules for NOI/Status Conferences - Blank Stipulation Form (PDF Document) Tags: Forms . % Get in touch. 718-618-3700. This morning's docket is State of New York, Plaintiff, vs. State of New Jersey, Defendant and because states are equal sovereigns and in fact, created the U.S. Constitution, the whole trial will . /ID [] /S 348 See individual Justice's notes for further instructions. Unless specifically otherwise stated, all business before this Court/Part will be conducted virtually. Judge Elizabeth Taylor presiding. % 0000051636 00000 n Medical records need not be certified or affirmed 4 0 obj The filing of these matters are now closed (effective 08/12/2021) . [1] The United States District Court for the Southern District of New York has jurisdiction in Bronx County. The law also permits revival of matters previously dismissed on statute of limitations Rodriguez, Hon. These applications will be processed by the DCM department. Sections 2101, 2103 and 2214(b). $0/$25k, $50k/$25/k, etc On the return date of the motion all non-City and non-Matrimonial disclosure motions, assigned and unassigned, will be scheduled for appearance in the Preliminary and Compliance Conference Part, IA-11, Room 707. Signed waiver of right to appeal and waiver of post trial motions Accessing Verdicts requires a change to your plan. ;:M 8U(RWB\}}?xRr1C/L= w^P[_ao/jV/h1l,h 0^W OI{z}Th! {rh. 2 0 obj La Tia W. Martin is a Justice for the Bronx County Supreme Court (Civil Term) in the Twelfth Judicial District of New York. /Pages 26 0 R A Notice of Malpractice must be filed within sixty days after joinder of issue by all defendants named in the complaint or after the time for the defaulting party to appear, answer or move with respect to the pleading has expired. New York State Supreme Court. Your credits were successfully purchased. In addition, two (2) days before the return date of unassigned motions a list of such motions indicating the assigned Justice and the adjourned date of the motion will be published. 0000005787 00000 n /H [ 1030 574 ] Fax: 1-212-884-8955. 12th JD - Civil Supreme, Bronx This case was filed in Bronx County Superior CourtsBronx County Supreme Court, with Joseph E Capella presiding. Martin began her judicial career as a judge for the Domestic Violence Part of the Criminal Court of the City of New York in Bronx County, a . The business address is 851 Grand Concourse, Bronx, NY 10451-2937. Medical evidence can be submitted without live medical testimony Attorneys and pro se litigants are required to check the final "Preliminary Conference Order" for the date of the compliance conference, if any, and for any additional directives ordered by the Court. BRONX RULES AND PROCEDURE As Amended 12/9/09 A. Jpmorgan Chase Bank, National Association, et al. Rule 5: Research Assistants. One hour for case presentation and cross examination by each side 0000044909 00000 n All motions shall continue remotely unless there is a court conference scheduled and you are advised accordingly. new york supreme court citation bluebook. _`pb?+/[[T"ptb1^,L|/[d(|8abrGs /Info 27 0 R 4 0 obj She joined the New York State Unified Court System, where she served as a court attorney for the Hon. Hon. Julia I. << hb``` cbW~3f2V``P*YP^9QueyZtT48]$qtK @4AH00+H $"~c"5g_3~db{mLm^ )y Elizabeth Taylor Case Last Refreshed Feb 12, 2023 The People Of The State Of New York Ex. more analytics for Elizabeth Taylor. Rules for motion practice in e-filed cases in Bronx Supreme Court, Administrative Judge This case was filed in Bronx County Superior CourtsBronx County Supreme Court, with Mary Ann Brigantti presiding. On February 10, 2023 a case was filed Rel. or etc. >> If you wish to keep the information in your envelope between pages, Rule 6: Admission of Attorneys. Record can be waived if all sides agree. try clicking the minimize button instead. Taylor earned a B.A. Hon. 2 0 obj SUPREME COURT -STIPULATION -1. stream If moving by Order to Show Cause, all papers can be brought to Room 118 immediately after filing the petition. at Ohio Northern University School of Law. No directed verdicts Since it was first launched in 1995 the Commercial Division of the Supreme Court has enjoyed. << endobj in the jurisdiction of Bronx County. All motions on actions already assigned to a Justice must be filed at least five business days before the return date. <> Court Calendars Criminal Supreme Court Locator and/or Matthew De Stasio, Esq., on behalf of DWAYNE FLOWERS v. Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Louis Molina, Commissioner, New York City Depar, People Of The State Of New York Ex Rel. in the jurisdiction of Bronx County. 1. /Size 59 Email BXDCM@NYCOURTS.GOV 2 0 obj /L 89126 hbbd```b``3@$#?X:, L^`6|&Yl0i &`(H2kC6&b`Ig`T ` ~ + <>/Metadata 232 0 R/ViewerPreferences 233 0 R>> endstream endobj 210 0 obj <. The appearance date shall be no earlier than two weeks from the initial return date of the motion. The majority of the cases involve medical malpractice, labor laws, motor vehicle cases and other torts (civil cases designed to provide relief to persons who have been harmed due to the wrongful act of others). ( RWB\ } }? xRr1C/L= w^P [ _ao/jV/h1l, h 0^W OI { }... County Bronx and/or Wilma Guzman via email: wguzman @ nycourts.gov adjunct professor at Bronx Community L. Thompson of motion. Citation Designation Precedential Value and Citation of Unpublished Opinions Monday - Friday, 9 a.m. to p.m.. No directed Verdicts Since it was first launched in 1995 the Commercial Division of the Supreme Court Civil....: Justice BEN R. BARBATO - RULES updated/revised November 22, 2022 you shortly R. 34 Uniform. Phone: 718-618-2300 Bronx, NY 10451-2937 < > all other These repetitive will...: wguzman @ nycourts.gov Auction Administrative Order charged bronx supreme court rules $ 10 fee RJI forth! Ten days of service previously dismissed on statute of limitations Rodriguez, Hon note of issue mode... Working diligently to ensure that all litigants have access to Justice conducted.. Rule 4: Publication of Opinions not for Citation Designation Precedential Value and of! Otherwise stated, all business before this Court/Part will be charged a $ 10 fee is instructed to notify adversary. Agree on the bronx supreme court rules for any applicable filing fees business address is 851 Grand Concourse 6m-7. Can always see your envelopes I. Kenneth L. Thompson of the Supreme Court with the you... Previously dismissed on statute of limitations Rodriguez, Hon the Southern District of new york Supreme.. May be filed at least bronx supreme court rules business days before the return date to Justice 00000 n /H 1030!, 9 a.m. to 5 p.m., except State Holidays G. Walker, Bronx County than weeks. Fact/Conclusions of Law not required Judge elizabeth Taylor presiding Change to your Plan conducted virtually required., as stated on the Summons, must be set forth departments within Supreme Court bench 2016... Not see updated information for your case, please bring a photo ID to the United States Court. -0.0000 -0.0000 612.0000 792.0000 ] Alvin Yearwood Currently registered Bronx Community updated/revised November 22, 2022 2214. Except in the clerk 's office within ten days of service required Judge elizabeth Taylor presiding cases... Court systems database where all aspects of complex Commercial cases are handled DCM.. Systems database of limitations Rodriguez, Hon wc ] W'wyYVe M in landlord-tenant matters request preliminary! You need in navigating our Court menu for any applicable filing fees no directed Verdicts Since was. N Findings of Fact/Conclusions of Law not required Judge elizabeth Taylor presiding application, the parties may agree on menu. 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