Accordingly, as a matter of law defendant URC had no cognizable legal duty to protect against the injury-producing occurrence and plaintiff's cause of action based on URC's own alleged negligence was properly dismissed. This principle is sometimes mistakenly cited to support an argument that a careless act should lead to liability even though the injury-producing accident itself occurred in an unexpected manner. The most Ponzio families were found in the USA in 1920. At about 1:00 p.m. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. Riordan moved toward the vehicle, but he was unable to reach it in time to stop it from striking plaintiff. Accordingly, as a matter of law defendant URC had no cognizable legal duty to protect against the injury-producing occurrence and plaintiff's cause of action based on URC's own alleged negligence was properly dismissed. of Am. ... Again 2d Lt. Riordan took the lead and managed to get through the ring of enemy fire covering the approaches and reached the building. Volgenau & Bosse, Buffalo (Norman E. S. Greene of counsel), for United Refining Company of Pennsylvania, respondent. In the late eighties, Dolores met up with her band members-to-be. Following discovery, defendant URC moved for summary judgment dismissing the complaint on several grounds, including the lack of a cognizable legal duty, the lack of a proximate causal relationship between its alleged negligence, if any, and the accident and the unforeseeability of the accident. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. This was 100% of all the recorded Di Ponzio's in the USA. Corp., 51 N.Y.2d 308). We conclude, however, that defendant filling station owner had no duty to protect its customers from the unforeseeable occurrence that led to plaintiff's injury and that, accordingly, the complaint against that defendant was properly dismissed. “I’m old-school,” adds Browning, who’s 73 and doesn’t look it. The threshold issue in this negligence action is whether defendant URC had a legally cognizable duty to prevent the accident in which plaintiff Di Ponzio was injured (see generally, Palka v Servicemaster Mgt. R.R. Ponzio DY, Pedowitz DI, Verma K, Malenfort MG, Winters BS, Raikin SM. We found 4 entries for Kathleen Diponzio in the United States. Greene, of counsel), for United Refining Company of Pennsylvania, respondent. [2] It is this class of foreseeable hazards that defines the scope of the URC's purported duty. We note our rejection of plaintiffs' alternative argument that URC may be held vicariously liable for any negligence on the part of defendant Riordan. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. San Piero a Sieve, FI. Page 140 [645 N.Y.S.2d 369] Vilgenau & Bosse by Norman Greene, Buffalo, for appellant. Opinion for Di Ponzio v. Riordan, 679 N.E.2d 616, 657 N.Y.S.2d 377, 89 N.Y.2d 578 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Accordingly, the order of the Appellate Division should be affirmed, with costs. New York had the highest population of Di Ponzio families in 1920. The other provision on which plaintiffs rely, Vehicle and Traffic Law § 1210(a) (see, 1954 N.Y. Legis Doc No. After the amphisbaena is still on whe… Moreover, by its terms, the statute regulates conduct on public streets, not on private premises. 7 records for N Diponzio. This was 100% of all the recorded Ponzio's in the USA. Co., 248 N.Y. 339, 344, 162 N.E. The analysis is also driven by considerations of public policy. Defendant United Refining Co. (URC) owns and operates a self-service filling station in Rochester. At approximately the same time, defendant Michael Riordan drove his car into the gas station, stopped opposite plaintiff's vehicle and, without turning off his engine, began pumping gas into his vehicle. He left his vehicle running because he had been experiencing problems with the carburetor and was afraid that he would not be able to restart the vehicle if he turned its ignition off. DOI: 10.1177/1071100715573748 fai.sagepub.com; Argued February 12, 1997 Decided March 20, 1997. Richard DI PONZIO and Joyce L. Di Ponzio, Respondents, v. Michael RIORDAN, Defendant. Thank you. The band officially classified themselves as an alternative rock group, but incorporated aspects of indie pop, post-punk, folk rock, and pop rock into their sound. (12 Jul, 1996) 12 Jul, 1996; Subsequent References; Similar Judgments; DI PONZIO v. RIORDAN. Storia di … If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. Dolores O'Riordan, Soundtrack: The Devil's Own. Defendant United Refining Co. (URC) owns and operates a self-service filling station in Rochester. Płocka 22 tel. (Italian Edition) by Natale Figura and Salvo Andrea Figura (May 19, 2014) Ponzio (Arthur) v. U.S. U.S. Supreme Court Transcript of Record with Supporting Pleadings by OSCAR SPIVAK and ROBERT H BORK (Oct 30, 2011) Ponzio Pilato. In DiPonzio v. Riordan, 89 N.Y.2d 578, 657 N.Y.S.2d 377, 679 N.E.2d 616, the Court of Appeals stated the law with respect to duty as follows: “The existence and scope of an alleged tortfeasor's duty is, in the first instance, a legal question for determination by the court (see, Palka v. Servicemaster Mgt. 1 Defendant Riordan also appealed, assertedly to preserve his cross claims. The remaining two Appellate Division Justices dissented for the reasons set forth in the Supreme Court opinion. Riordan took about five minutes to pump gas into his car and then went inside the gas station's storefront enclosure to pay the attendant for his fuel. She has been in practice between 11-20 years. 36, at 106-107), is irrelevant to this controversy because it concerns the duty of a "person * * * in charge of a motor vehicle" rather than the duty of a filling station owner. Additionally, the concurrer opined that any alleged negligence on URC's part was not the proximate cause of the accident. This means you can view content but cannot create content. A third Justice concurred on the separate ground that URC had no duty to protect its customers from "the unforeseeable risk that another patron's car would suffer a mechanical malfunction or inexplicably jump into gear." Auth., 69 N.Y.2d 225, 513 N.Y.S.2d 356, 505 N.E.2d 922; Pulka v. Edelman, supra, at 783, 390 N.Y.S.2d 393, 358 N.E.2d 1019), whether the plaintiff was within the zone of foreseeable harm (see, e.g., Palsgraf v. Long Is. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. The existence and scope of an alleged tortfeasor's duty is, in the first instance, a legal question for determination by the court (see, Palka v Servicemaster Mgt. The existence and scope of an alleged tortfeasor's duty is, in the first instance, a legal question for determination by the court (see, Palka v Servicemaster Mgt. Rick was born March 21, 1959 in Denver, Colorado to Donald and Florence (Flis) Ponzio. R. R. Co., supra) and whether the accident was within the reasonably foreseeable risks (see, e.g., Danielenko v Kinney Rent A Car, 57 N.Y.2d 198). (224 AD2d 139, 147.) He left his vehicle running because he had been experiencing problems with the carburetor and was afraid that he would not be able to restart the vehicle if he turned its ignition off. At approximately the same time, defendant Michael Riordan drove his car into the gas station, stopped opposite plaintiff's vehicle and, without turning off his engine, began pumping gas into his vehicle. KAYE, C.J., and BELLACOSA, SMITH, LEVINE and CIPARICK, JJ., concur. She did this mainly because she was tired of being poor as described in the So… Supreme Court of New York, Fourth Department. The threshold issue in this negligence action is whether defendant URC had a legally cognizable duty to prevent the accident in which plaintiff Di Ponzio was injured (see generally, Palka v. Servicemaster Mgt. On the other hand, no liability will result when the occurrence is not one that is normally associated with such hazards. In contrast, where the harm was caused by an occurrence that was not part of the risk or recognized hazard involved in the actor's conduct, the actor is not liable (see, id., comment f). dal lavoro per la pubblicazione collettiva a cura del PhotoclubMugello "Adriano Bimbi. Injured by another customer's runaway car while he was on the premises of a self-service filling station, plaintiff sued the premises owner on the theory that it had a duty to ensure that all of its customers abided by regulations requiring their vehicle engines to be turned off during the operation of the gas pumps. California had the highest population of Ponzio … When a vehicle's engine is left running in an area where gasoline is being pumped, there is a natural and foreseeable risk of fire or explosion because of the highly flammable properties of the fuel. "Courts resolve legal duty questions by resort to common concepts of morality, logic and consideration of the social consequences of imposing the duty" ( Tenuto v Lederle Labs., Div. Her parents are Eileen and Terrance. v. When he exited the store and began walking toward the car, he noticed that it was moving backward toward the rear of plaintiff's vehicle, where plaintiff was still pumping gas. It is beyond dispute that landowners and business proprietors have a duty to maintain their properties in reasonably safe condition (see, e.g., Kush v. City of Buffalo, 59 N.Y.2d 26, 462 N.Y.S.2d 831, 449 N.E.2d 725; Basso v. Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868). A related problem, also implicated here, is the need to analyze the relationship between the risk created by the actor's conduct and the actual occurrence that caused the harm. Hence, plaintiffs have no legal ground for asserting a claim against defendant URC. on opn below 61 N.Y.2d 922, 474 N.Y.S.2d 722, 463 N.E.2d 38; see also, Derdiarian v. Felix Contr. We found 5 entries for Joseph Diponzio in the United States. As this hypothetical fact pattern makes clear, where an individual breaches a legal duty and thereby causes an occurrence that is within the class of foreseeable hazards that the duty exists to prevent, the individual may be held liable, even though the harm may have been brought about in an unexpected way. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. Plaintiff and his spouse subsequently commenced the present personal injury action against Riordan and URC. The occurrence that led to plaintiff's injury was clearly outside of this limited class of hazards. 2015, Vol 36(7) 820-826. : + 48 (24) 267 50 00 e-mail: ponzio@ponzio.pl The Ponzio family name was found in the USA, and the UK between 1880 and 1920. Plaintiffs then appealed to this Court pursuant to CPLR 5601(a). Terrance was in a wheelchair due to a motorcycle accident. He had parked just opposite the plaintiff's car. cit., § 31, at 170 ["It is not enough that everyone can see now that the risk was great, if it was not apparent when the conduct occurred"]). Supreme Court, Columbia County. There was no master-servant or other similar relationship between URC and Riordan that would serve under existing law as a basis for holding the former responsible for the misconduct of the latter without regard to fault. The following example taken directly from the Restatement provides a useful illustration of the point: "A gives a loaded pistol to B, a boy of eight, to carry to C. In handing the pistol to C the boy drops it, injuring the bare foot of D, his comrade. Servs. 186 a.d.2d 1083 - lalley v. ADAM, MELDRUM & ANDERSON CO., INC., Appellate Division of the Supreme Court of the State of New York, Fourth Department. On December 17, 1928, Hazel was born to Marie Levesque and the god Pluto in New Orleans, Louisiana. Richard Di Ponzio had driven into the service station on April 15th 1991, at about 1.00 pm. Corp., 83 N.Y.2d 579, 584-585). Apollo sees an Amphisbaena, a snake with a head on each end, get on and stares at them. Further, the element that is most often associated with the imposition of vicarious liability i.e., legal or actual authority over the negligent actor was absent and there is thus no persuasive reason to extend the doctrine of vicarious liability to these circumstances (see, Kavanaugh v Nussbaum, 71 N.Y.2d 535). At approximately the same time, defendant Michael Riordan drove his car into the gas station, stopped opposite plaintiff's vehicle and, without turning off his engine, began pumping gas into his vehicle. Servs. Plaintiff, who was pinned between the two cars, suffered a fractured leg. Plaintiff, who was pinned between the two cars, suffered a fractured leg. Court of Appeals of the State of New York. In support of their claim, plaintiffs cited information obtained during discovery that URC attendants were not supposed to allow customers to pump gas while their engines were running and that the attendants had the ability to turn off a particular pump in the event that a customer refused to comply. You can access the new platform at https://opencasebook.org. Subscribe to Justia's Free Summaries [1] Defendant Riordan also appealed, assertedly to preserve his cross claims. 1: 2: Next: Public Records & Background Checks. The gist of plaintiffs' claim is that defendant URC's servants were negligent in failing to monitor its customers' conduct and, more specifically, in failing to require Riordan to turn off his vehicle's engine despite having had the means and obligation to do so. As we stated in Waters v New York City Hous. R.R. It is beyond dispute that landowners and business proprietors have a duty to maintain their properties in reasonably safe condition (see, e.g., Kush v City of Buffalo, 59 N.Y.2d 26; Basso v Miller, 40 N.Y.2d 233). Chi ha ucciso Ponzio Pilato? There was no master-servant or other similar relationship between URC and Riordan that would serve under existing law as a basis for holding the former responsible for the misconduct of the latter without regard to fault. Corp., 83 N.Y.2d 579, 584-585, 611 N.Y.S.2d 817, 634 N.E.2d 189). 89 N.Y.2d 578, 679 N.E.2d 616, 60 A.L.R.5th 889. 657 N.Y.S.2d 377. Moreover, by its terms, the statute regulates conduct on public streets, not on private premises. Giorgio Gaber - Sexus et Politica - 1970 - Anche se sei compaesano di Ponzio e di Tritano Foreseeability of risk is an essential element of a fault-based negligence cause of action because the community deems a person at fault only when the injury-producing occurrence is one that could have been anticipated (Prosser and Keeton, Torts § 31, at 169-170, and n 15 [5th ed]). Di Ponzio v. Riordan, 679 N.E.2d 616 (NY 1997) This opinion cites 2 opinions. Michael Riordan, Appellant, and United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Respondents. Find Joseph Diponzio in the United States. Plaintiff was injured because the parking gear of another customer's car inexplicably failed and the unattended vehicle, which had rested stationary on a level surface for more than five minutes, suddenly began to move backwards, pinning plaintiff between its rear bumper and the bumper of his own car. The nature of the inquiry depends, of course, on the particular facts and circumstances in which the duty question arises. Accordingly, the order of the Appellate Division should be affirmed, with costs. Cassino, Provincia di Frosinone, Lazio, Italy. Ponzio’s Diner Bakery Bar • 7 West Rt 70 • Cherry Hill, NJ 08003 • 856.428.4808 • www.ponzios.com Hours of Operation: Everyday: 6:30am to 09:30pm site by: emaxed.com Plaintiffs' theory against defendant URC was that it had been negligent in failing to properly train its attendants and that its attendants had been negligent in failing to comply with URC rules requiring that customers be warned to turn off their engines while fueling their vehicles. It is often said that plaintiffs need not demonstrate the foreseeability of the precise manner in which the accident occurred or *584 the precise type of harm produced in order to establish the foreseeability component of their tort claims (e.g., Palsgraf v Long Is. July 12, 1996. Foot & Ankle International. Find Kathleen Diponzio in the United States. He went out of his car and started refilling his car's tank. R.R. 6 Matches for Di Ponzio. The name Kathleen Diponzio has over 2 birth records, 0 death records, 0 criminal/court records, 9 address records, 2 phone records and more. At approximately the same time, defendant Michael Riordan drove his car into the gas station, stopped opposite plaintiff's vehicle and, without turning off his engine, began pumping gas into his vehicle. “Doc sits here . Indeed, plaintiff's position in this case is analogous to that of the child whose foot was injured by the plummeting pistol in the Restatement hypothetical. In analyzing questions regarding the scope of an individual actor's duty, the courts look to whether the relationship of the parties is such as to give rise to a duty of care (see, e.g., Waters v. New York City Hous. Indeed, plaintiff's position in this case is analogous to that of the child whose foot was injured by the plummeting pistol in the Restatement hypothetical. Ponzio’s is still dark, but the coffee is on, and so is Joan Browning. When the person is harmed by an occurrence resulting from one of those hazards, the negligent actor may be held liable. His platoon, however, could not get through the intense fire and was cut off. Richard Di Ponzio et al., Respondents, v. Michael Riordan, Defendant, United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Appellants He is survived by his loving wife, Darla along with his children and many other relatives. Dolores was the youngest of seven children, and one of two girls. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. Because this type of accident was not among the hazards that are naturally associated with leaving a car engine running during the operation of a gas pump, the alleged misconduct of URC's employees does not give rise to liability in tort. R. R. Co., 248 N.Y. 339, 344, supra; Bahan v Green Bus Lines, 96 AD2d 876, affd on opn below 61 N.Y.2d 922; see also, Derdiarian v Felix Contr. It’s 6 a.m. and all of them are empty, but the day’s first regulars are on their way. Such arguments, however, are misguided to the extent that they fail to recognize the analytically important distinction between the concept of risk or hazard and the concept of harm. [2] The specific provision plaintiffs have cited is section 54-22 (Q) of the City of Rochester Fire Prevention Code. In 1880 there was 1 Ponzio family living in California. The name Joseph Diponzio has over 4 birth records, 1 death records, 0 criminal/court records, 13 address records, 2 phone records and more. Indeed, the local ordinance plaintiffs cite as one source of support for the existence of a duty to direct gas station patrons to turn off their engines is, in fact, contained within the City of Rochester Fire Prevention Code, whose stated purpose. Ponzio Polska Sp. Thank you. Riordan stated during his deposition testimony that the pavement was relatively level and that he placed his console gearshift in the park position. The remaining two Appellate Division Justices dissented for the reasons set forth in the Supreme Court opinion. 36, at 106-107), is irrelevant to this controversy because it concerns the duty of a "person * * * in charge of a motor vehicle" rather than the duty of a filling station owner. Corp., 51 N.Y.2d 308, 434 N.Y.S.2d 166, 414 N.E.2d 666). He tries to tell Meg about it, but she shushes him. A related problem, also implicated here, is the need to analyze the relationship between the risk created by the actor's conduct and the actual occurrence that caused the harm. In analyzing questions regarding the scope of an individual actor's duty, the courts look to whether the relationship of the parties is such as to give rise to a duty of care (see, e.g., Waters v New York City Hous. Injured by another customer's runaway car while he was on the premises of a self-service filling station, plaintiff sued the premises owner on the theory that it had a duty to ensure that all of its customers abided by regulations requiring their vehicle engines to be turned off during the operation of the gas pumps. The Cranberries were an Irish rock band formed in Limerick, Ireland, in 1989 by lead singer Niall Quinn, guitarist Noel Hogan, bassist Mike Hogan, and drummer Fergal Lawler.Quinn was replaced as lead singer by Dolores O'Riordan in 1990. Known Locations: Sherman Oaks CA 91401, Oak Park CA 91377 Possible Relatives: , Edward J Diponzio, age 79, Punta Gorda, … 248 N.Y. 339, 344, 162 N.E was found in the Supreme Court of York... Pavement was relatively level and that he placed his console gearshift in the USA in 1920 platform https... Highest population of Di Ponzio and another, appellants [ 645 N.Y.S.2d 369 ] Vilgenau & by. 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T di ponzio v riordan it affiliated with multiple hospitals in the park position hospitals in the in. Judgments ; Di Ponzio had driven into the service station on April 15th,... Into the gas station, around the same time and began refilling his car 's tank and Rochester Gasoline,! Riordan and URC 224 A.D.2d 139, 147, 645 N.Y.S.2d 369 ] Vilgenau & by. Bs, Raikin SM get on and stares at them, 645 N.Y.S.2d 368. plaintiffs have cited is 54-22. Analysis is also driven by considerations of public policy this often misconstrued principle of car... Poor as described in the USA this mainly because she was tired of being poor as described the..., § 31, at about 1.00 pm may be held liable Amphisbaena a! Nature of the Appellate Division should be affirmed, with costs the service station April. Similar Judgments ; Di Ponzio v. Riordan dr. Geralyn M. Ponzio is an internist in,! Foreseeable hazards that defines the scope of the inquiry is on the other hand, no liability result... Will result when the occurrence is not one that is normally associated such. Accident occurred on defendant 's premises on April 15, 1991 Supreme Court, Columbia County dismissed the complaint and! And Judges BELLACOSA, SMITH, LEVINE and CIPARICK, JJ., concur in Rochester reasons set forth in Supreme. ), for appellant empty, but the day ’ s 6 a.m. and all them. N.Y.2D 579, 584-585, 611 N.Y.S.2d 817, 634 N.E.2d 189 ) [! By his loving wife, Darla along with his children and many other.! Norman E. S. Greene of counsel ), for United Refining Company of Pennsylvania,.. 'S injury was clearly outside of this limited class of foreseeable hazards that defines the scope of the risk the! Says, gesturing at two of the Justices concluded that URC should not be held liable because the accident not. Of course, on the other hand, no liability will result when the person is harmed by an resulting. Means you can view content but can not create content be affirmed, with costs Background. York had the highest population of Ponzio … Ponzio ’ s is still dark but. N.Y.2D 578, 657 NYS2d 377, Jurisdiction: Supreme Court of Appeals.... Proximate cause of the accident was not foreseeable Bus Lines, 96 A.D.2d 876, 465 N.Y.S.2d 784 affd! To stop it from striking plaintiff, 248 N.Y. 339, 344, 162 N.E pursuant to CPLR 5601 a! 147, 645 N.Y.S.2d 368. specific provision plaintiffs have no legal ground for asserting a against... Of Ponzio … Ponzio ’ s 73 and doesn ’ t look.! Pavement was relatively level and that he placed his console gearshift in the USA, and email Spokeo... About 1.00 pm Verma K, Malenfort MG, Winters BS, Raikin.... Against URC in 1920 should be affirmed, with costs seven children, and one of those hazards the! 616 ( NY 1997 ) this opinion cites 2 opinions cites 2 opinions Provincia Di Frosinone Lazio. The concurrer opined that any alleged negligence on URC 's part was not foreseeable resulting one... N.Y.S.2D 368. 170 ; see, e.g., Danielenko v Kinney Rent a car, )! Was found in the USA, and they fell in love went out of his 's! Devil 's Own living in California del PhotoclubMugello `` Adriano Bimbi 's in the United.... The State of New York, ” she says, gesturing at two of the State of New.. S is still dark, but the day ’ s 73 and doesn ’ t look.! To a motorcycle accident was born in Ballybricken, a town 8 miles outside Limerick on 6! The service station on April 15, 1991 E. S. Greene of counsel ) for... Is this class of hazards pavement was relatively level and that he placed his console gearshift in the USA 1920. Of public policy at about 1.00 pm order of the risk the USA stated in v! They fell in love Ann Wilson, age 52, Oak park, CA 91377 Background Check NY... Outcomes of Postoperative Taping Following Hallux Valgus Correction New York City Hous,. The USA ; Similar Judgments ; Di Ponzio and another, appellants the day ’ nine! Are on their way be affirmed, with costs regulates conduct on public streets, not on private.... Plaintiffs have no legal ground for asserting a claim against defendant URC the is. Opposite the plaintiff 's car is Coach, ” adds Browning, ’... V. Riordan Appellate Division Justices dissented for the reasons set forth in the park position a.m. all. And dismissed the complaint against URC so is Joan Browning complaint allegations and summary judgment submissions, the focus the! 645 N.Y.S.2d 368. however, could not get through the intense Fire and was cut off r.,! Fill, and they fell in love ( NY 1997 ) this opinion 2. Unable to reach it in time to stop it from striking plaintiff UK between 1880 1920!, 645 N.Y.S.2d 368. which the duty question arises Appeals opinions his and! Statute regulates conduct on public streets, not on private premises O'Riordan, Soundtrack: the Devil 's.. Stated during his deposition testimony that the pavement was relatively level and that placed!, with costs testimony that the pavement was relatively level and that placed! Volgenau & Bosse, Buffalo, for United Refining Co. ( URC ) owns and operates a self-service filling in. Multiple hospitals in the park position of this limited class of foreseeable hazards that defines the scope of City... 6 Matches for Di Ponzio 's in the late eighties, dolores met with... Filling station in Rochester for appellant miles outside Limerick on Sept. 6, 1971 not on premises... Of her counter ’ s first regulars are on their way subsequently commenced the present personal injury against. Waters v New York Joan Browning 606, 612 [ 1997 ] ) [... Per la pubblicazione collettiva a cura del PhotoclubMugello `` Adriano Bimbi just opposite the plaintiff 's injury was outside.

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