What kinds of cases can go to small claims court in New York?
Overview
Small Claims Court in New York is a specialized division of the civil courts designed to resolve everyday money disputes quickly, inexpensively, and without attorneys. It provides ordinary people—tenants, consumers, contractors, or small-business owners—a venue to recover modest sums without navigating complex civil procedure. The idea is simple: if you are owed money and the amount is within the jurisdictional limit, you can file your own lawsuit, tell your story to a judge or volunteer arbitrator, and obtain a legally enforceable judgment. These courts favor speed, fairness, and plain language over technicality, ensuring access to justice for everyone regardless of legal training.
Typical small-claims cases involve money owed for broken agreements, property damage, or poor workmanship. They do not include criminal, family, or eviction matters—those belong in other courts. The plaintiff, who files the claim, can sue for up to $10,000 in New York City Civil Court, $5,000 in City Courts outside NYC, or $3,000 in Town and Village Courts. The defendant is the person or business alleged to owe the money. Because rules of evidence are relaxed, you can represent yourself and present receipts, photos, contracts, or text messages as proof. Filing fees range from $10 to $20 depending on the amount claimed, making it one of the most affordable civil remedies in the state.
The process follows a clear path: you file a concise statement of claim, the court mails notice to the defendant, both sides appear for a short hearing, and the judge issues a decision—often the same day. Enforcement through sheriffs or marshals ensures that judgments carry real consequences. This efficient framework allows thousands of New Yorkers each year to recover deposits, refund payments, and repair financial harm without the cost of hiring a lawyer.
Who Can Apply (Eligibility)
Anyone at least 18 years old who has suffered a financial loss within the court’s dollar limits can file in Small Claims Court. Individuals, partnerships, and small corporations are all eligible plaintiffs; minors must appear through a parent or guardian. The defendant must live, work, or do business in the county or city where you file—venue is based on the defendant’s location, not the plaintiff’s. That rule ensures fairness and convenience: a Queens resident cannot drag a Buffalo merchant downstate simply for tactical advantage.
Permissible defendants include individuals, landlords, contractors, stores, repair shops, or service providers. However, you generally cannot sue a governmental entity, such as a city agency or school district, in Small Claims Court; those require special “notice of claim” procedures in higher courts. Similarly, you cannot use Small Claims Court to seek injunctions, custody, eviction, or restraining orders—the remedy must be monetary only. You may, however, claim reimbursement for out-of-pocket losses caused by someone else’s act or neglect.
The court system recognizes that most users are self-represented. Clerks therefore provide simplified forms and bilingual instructions but cannot offer legal advice. Plaintiffs complete a short Statement of Claim identifying the parties, the amount requested, and a brief reason such as “refund for unreturned security deposit” or “payment for repairs not completed.” The plaintiff signs under penalty of perjury that the information is true. Once filed, the clerk schedules a hearing and arranges service of the notice—usually by certified and first-class mail. Both sides then appear before a judge or arbitrator to present evidence and testimony in plain language.
Eligibility focuses on fairness and practicality. The goal is to provide an arena where small monetary disagreements can be settled without expensive counsel. By limiting jurisdiction to modest sums and simple fact patterns, New York ensures that Small Claims Court remains a fast, affordable mechanism for resolving daily disputes among ordinary citizens.
Benefits of Understanding Which Cases Qualify
Knowing exactly what kinds of cases belong in Small Claims Court saves time, filing fees, and frustration. Because the court’s authority is confined to certain money disputes, understanding its boundaries helps you choose the right venue and frame your claim effectively. Many petitioners waste weeks filing cases that are later dismissed because they seek non-monetary relief or exceed jurisdictional limits. Awareness upfront prevents those setbacks.
First, Small Claims Court handles straightforward financial losses: unpaid loans, damage to property, failure to perform a service, or return of a deposit. It does not decide questions of ownership of land, intellectual property, or family status. If you simply want compensation in dollars, you are in the right place. Second, the simplified process means cases conclude quickly—often within two months. Because discovery and formal motions are minimal, preparation focuses on gathering receipts, photos, and witnesses rather than legal pleadings. Third, filing here keeps costs predictable: there are no attorney fees, minimal court charges, and no risk of paying the opponent’s lawyer if you lose.
For defendants, the benefits are clarity and efficiency. They receive notice promptly, can appear without counsel, and present their side informally. The court emphasizes fairness and civility over technical form. By understanding what qualifies, both parties enter with realistic expectations about outcomes and evidence. This awareness fosters settlements, encourages compliance, and reduces caseload burdens. Ultimately, Small Claims Court empowers citizens to resolve disputes with dignity and closure rather than prolonged hostility.
Step 1: Identify Permitted Case Types and Excluded Matters
The first step is recognizing which case types fit within Small Claims Court’s mandate. Broadly, the court hears disputes seeking money for a specific loss, not punishment or policy change. Common permitted categories include:
- Contract disputes: when someone breaks a written or verbal agreement—such as unpaid repair bills, unfulfilled sales, or canceled lessons without refund.
- Property damage: vehicle accidents, damage by tenants or contractors, or lost belongings from movers or cleaners.
- Security deposit claims: tenants seeking return of deposits after moving out when the landlord refuses.
- Consumer transactions: defective goods, improper billing, or failure to deliver purchased items.
- Personal loans between individuals: informal lending where repayment never occurred.
- Service failures: contractors, tailors, or mechanics who performed negligently or not at all.
Excluded matters are equally important. Small Claims Courts cannot issue injunctions, decide divorce or custody, hear criminal accusations, evictions, probate, or cases against government bodies. They cannot order someone to perform work, return property, or stop behavior—only to pay money. Claims exceeding the dollar limits must go to higher civil courts. By defining these limits clearly, New York channels complex disputes elsewhere and preserves small claims for truly modest controversies.
Understanding these boundaries prevents wasted effort. For example, a tenant seeking repairs should go to Housing Court, not Small Claims Court. A person alleging discrimination should approach the Human Rights Division. However, if the landlord kept a $1,200 deposit unfairly, Small Claims Court is ideal. Knowing this distinction helps you draft a focused claim: short, factual, and within monetary scope. Plaintiffs who tailor their complaints to the court’s jurisdiction enjoy faster scheduling and more predictable results.
Finally, consider consolidation. If multiple related claims exist—say, two invoices for separate dates—you can combine them if the total stays within limits. This avoids repetitive filings and promotes judicial efficiency. Step 1 therefore establishes the foundation: choose only monetary disputes arising from everyday dealings, stay within the dollar cap, and exclude anything seeking orders beyond payment. Doing so ensures the judge can hear your case without procedural barriers.
Step 2: Assess Whether Your Claim Arises from Contract, Negligence, or Statute
Every permissible small-claims case originates from one of three legal theories: contract, negligence, or statutory right. Understanding which applies shapes how you present evidence and how the judge measures damages.
A contract case arises when someone fails to do what they promised—deliver goods, perform repairs, repay a loan. Your proof is the agreement itself: receipts, texts, or oral promises corroborated by witnesses. The judge asks, “Was there an agreement? Was it broken? What money loss followed?” Contract claims dominate Small Claims Court because they’re straightforward: one party expected performance, paid or relied, and suffered loss when the other failed.
Negligence cases involve carelessness that caused measurable damage—like a neighbor’s tree smashing your fence, or a dry-cleaner shrinking expensive clothes. You must show duty, breach, and loss. Evidence includes before-and-after photos, repair estimates, and witness statements. Judges focus on reasonableness: whether the defendant acted below ordinary standards causing your monetary harm.
Finally, certain statutory rights allow recovery through Small Claims Court—like consumer-protection refunds, return of deposits under General Obligations Law §7-103, or triple damages for unreturned rental deposits in some municipalities. You should reference the statute by number if known, though not required. Citing the rule signals preparedness and may influence settlement.
Each theory directs how you calculate damages. Contract law limits you to actual losses—the amount necessary to make you whole. Negligence includes repair or replacement cost and sometimes consequential losses (like rental fees while your car is in the shop). Statutory claims may authorize penalties or interest. Knowing your theory prevents overreaching, which can cause dismissal. For instance, asking for emotional distress in a contract claim exceeds jurisdiction; stick to out-of-pocket amounts.
Labeling your case correctly also guides your storytelling. A clear narrative—“We had a contract, I performed, they didn’t pay”—helps the judge track facts. Avoid mixing theories unless justified; focus on the one best supported by evidence. This disciplined framing keeps hearings concise and persuasive, fitting the small-claims ethos of simplicity with substance.
Step 3: Confirm Monetary Limits and Select the Proper Court
Monetary jurisdiction defines the outer boundary of Small Claims Court authority. Filing above those limits wastes your effort; filing below them protects efficiency. In New York, the caps are clear: up to $10,000 in New York City Civil Court, up to $5,000 in City Courts outside NYC, and up to $3,000 in Town and Village Courts. The limit refers to the amount you seek, not the value of the property involved. For example, if your $15,000 car was damaged but repairs cost $2,800, you may sue for $2,800—within limit. But you cannot inflate claims by adding punitive amounts or attorney fees unless a statute explicitly authorizes them.
Choose your court by location of the defendant’s residence, employment, or business. Venue rules prevent forum shopping. If multiple defendants live in different counties, file where any one resides. Corporations are sued where their principal office or authorized agent is located; check the Department of State registry for accuracy. Filing in the wrong county can result in transfer or dismissal, delaying relief.
If your loss exceeds the small-claims cap, you may waive the excess voluntarily to stay in small claims—useful when speed outweighs total recovery. Example: You’re owed $6,200 but file for $5,000 to use City Court. That waiver is final; you can’t later sue for the remainder. Assess priorities: quick resolution versus full compensation. Conversely, splitting one large claim into smaller suits violates rules and invites dismissal as “claim splitting.”
Knowing these numerical and geographic limits ensures your case proceeds smoothly. It also affects enforcement: judgments are enforceable statewide, but initial filings must respect local jurisdiction. Judges rely on these thresholds to manage docket fairness. By confirming monetary scope and selecting the proper court at the outset, you align your case with statutory design and guarantee that your hearing focuses on facts—not procedural missteps.
Step 4: Determine the Relationship Between the Parties and Any Written Agreement
The legal relationship between you and the opposing party determines whether your dispute belongs in Small Claims Court. The judge must understand how the two sides are connected—landlord-tenant, buyer-seller, contractor-client, employer-worker, or borrower-lender. Each relationship implies certain duties that, when breached, create monetary liability. Clarifying this connection early anchors your case in a recognizable legal framework and signals to the court that you understand your claim’s foundation.
Start by identifying whether you had a written agreement. Even simple invoices, text confirmations, or emails count. A written contract provides the clearest roadmap for the judge: it shows promises, prices, and timeframes. Bring the document in full, not just excerpts. Highlight key provisions but avoid excessive commentary; let the contract speak. If no writing exists, demonstrate a verbal or implied agreement. In small-claims settings, oral contracts are fully enforceable if you can show mutual understanding and consideration—something of value exchanged by both sides. Examples include verbal commitments to perform yard work, repair appliances, or repay loans. Evidence may be testimony, bank transfers, or contemporaneous messages.
When no formal contract exists, courts infer duty from conduct. For instance, if a dry cleaner accepts your garment, they implicitly promise to return it undamaged. If they fail, negligence or bailment law applies. Similarly, service providers must act reasonably and skillfully; failure creates an actionable claim. By clearly explaining the relationship—“I paid; they agreed; they didn’t deliver”—you give the judge a concise legal frame for evaluating responsibility and damages.
Be mindful of relationships barred or limited in small claims. You cannot sue your current employer for wage violations if the claim falls under state labor law—those go to the Department of Labor. Likewise, landlord-tenant possession disputes must go to Housing Court. However, if your landlord withheld a security deposit or failed to refund prepaid rent, that portion is a valid small claim. Distinguishing financial reimbursement from regulatory grievances keeps your filing proper and enforceable.
Supporting documents matter more than rhetoric. Bring checks, invoices, or messages showing the exchange of money or services. Keep interactions factual; courts frown on emotional or accusatory narratives. Present your story chronologically: agreement, performance, failure, loss. Judges listen for sequence and proof. By establishing a clear relationship and corroborating it with credible evidence, you transform your complaint from a personal grievance into a legitimate claim that fits the court’s scope.
Step 5: Identify the Proper Defendant and Verify Legal Name and Address
A common reason small-claims cases fail is misidentifying the defendant. The court can issue a judgment only against the person or business correctly named and served. If you sue the wrong entity—even by a single character—the judgment is worthless. Step 5 ensures precision before filing.
For individuals, use the full legal name: first, middle (if known), and last. Avoid nicknames or initials. If you dealt with someone under a business name, determine whether that business is a sole proprietorship, partnership, or corporation. You can check the New York Department of State’s business database to find the legal entity and service address. For example, “ABC Plumbing” might actually be “ABC Plumbing LLC.” Sue the registered company, not the storefront alias. If the business is unincorporated, you may sue the owner personally using “John Doe d/b/a ABC Plumbing.”
When suing landlords or property managers, verify ownership through tax records or the lease. For contractors, use the license number if available. If you’re uncertain who owns the business, ask the clerk how to perform a name search; they can direct you to public databases but cannot give legal advice. Accurate identification also matters for service—defendants must receive notice at a valid address. Use a residence or principal office, not a P.O. box, because service by certified mail requires a physical delivery point.
Multiple defendants are permitted if each shares responsibility for the loss. For instance, if both a company and its subcontractor contributed to property damage, name both. However, do not list parties frivolously; judges expect a logical connection to the dispute. If evidence later shows one defendant is not liable, the court can dismiss them without harming the rest of your case. Precise naming streamlines hearings and improves collection prospects if you win.
Finally, confirm that the defendant has a presence within the court’s territorial jurisdiction—living, working, or doing business there. Small Claims Court cannot reach out-of-state parties except under limited exceptions. If the defendant resides elsewhere, you must file in their local court or pursue a higher civil action. Proper defendant identification not only fulfills legal formality but ensures that a future judgment can be enforced efficiently through local marshals or sheriffs. Diligence at this stage saves months of frustration later.
Step 6: Verify That the Remedy Sought Is Monetary and Calculable
The Small Claims Court provides monetary remedies only—payments designed to compensate for financial loss. Step 6 requires you to translate your grievance into dollars and demonstrate how you reached that figure. Judges dismiss claims that ask for “justice,” “apologies,” or “completion of work” because those are not monetary. Your job is to show measurable harm.
Begin by calculating the specific amount owed. For example, if you lent $1,500 and received $500 back, your claim is $1,000. If a contractor caused $2,200 in damage and repair estimates show $1,950, sue for that figure. Include sales tax or service fees if part of your actual cost but exclude speculative add-ons. Courts dislike exaggerated demands; realistic amounts strengthen credibility. Attach receipts, estimates, or invoices supporting your total.
If you suffered indirect losses—like replacing spoiled goods or renting a car during repair—include those with documentation. However, do not claim emotional distress, lost time, or punitive damages unless authorized by statute. The purpose of small claims is restitution, not punishment. Likewise, you cannot ask the court to force someone to act or deliver property. If you want an item returned, estimate its dollar value instead.
Once you’ve set the amount, confirm it falls within the court’s jurisdictional cap. If slightly higher, you may voluntarily reduce (“waive”) the excess. Judges appreciate litigants who stay within statutory limits—it signals respect for the process. Write the exact amount on your Statement of Claim and keep calculations transparent. During the hearing, be ready to explain how each dollar relates to evidence. Clear arithmetic often persuades more effectively than emotional appeals.
In addition, consider interest. New York allows nine percent annual interest from the date of loss until judgment, but you need not compute it when filing; the court will. If your claim arises from a deposit held months or years, mention that interest accrues under state law. Verifying that your requested remedy is strictly monetary and backed by clear documentation aligns your case perfectly with the small-claims mission of practical, measurable justice.
Step 7: Check Time Limits (Statute of Limitations) Before Filing
Even the strongest case fails if filed too late. The statute of limitations sets strict deadlines for bringing claims, and Small Claims Courts follow the same time bars as higher courts. Understanding these limits ensures your case is timely and avoids immediate dismissal.
Most contract claims in New York must be filed within six years from the date of breach—when the other party failed to pay, deliver, or perform. Negligence cases involving property damage carry a three-year limit from the incident date. Consumer protection or statutory refund cases may vary but generally range from one to four years. The clock starts when the harm occurs or when payment became due, not when you discovered the problem, unless the law provides otherwise.
To preserve your rights, mark the exact date the transaction failed and calculate forward. If the limit is close, file immediately; judges have no discretion to extend it for fairness. Mailing or verbal notice does not stop the clock—only filing with the clerk does. Each defendant’s actions are considered separately, so if two parties are responsible, the time period runs independently against each.
If the defendant moved out of state or hid their identity, certain tolling provisions pause the deadline until discovery is possible. You must prove diligence in trying to locate them. For minors or people under legal disability, the clock may also pause until adulthood or restoration of capacity. Bring documents proving those conditions if you rely on them.
Checking time limits also affects strategy. Some plaintiffs mistakenly sue for continuing issues—like ongoing leaks or unpaid installments—without distinguishing older from newer damages. File only for losses within the allowable window. If part of your claim is older than the statute permits, separate the recent portion and explain clearly which dates you rely on. Judges appreciate candor and compliance. Filing on time solidifies jurisdiction and demonstrates professionalism, giving your claim the best chance of success.
Step 8: Gather Evidence That Matches the Case Type and Strengthens Credibility
Evidence is the backbone of any small claims case in New York. The judge bases decisions almost entirely on documentation and testimony that corroborate your financial loss. Since attorneys are usually absent, the quality, organization, and clarity of your evidence determine credibility and success. Every type of case—contract, property damage, consumer complaint—requires specific proof tied to the amount you claim.
Begin by collecting all documents exchanged between you and the defendant: contracts, invoices, receipts, canceled checks, or electronic payments. Organize them chronologically to show the sequence—agreement, payment, breach, and loss. If communication occurred via email or text, print those exchanges showing dates, names, and context. Highlight key lines like promises to repay or admissions of fault. Avoid overloading the file; concise and legible evidence carries more weight than hundreds of unreadable screenshots.
Photographic evidence is powerful in property damage cases. Before-and-after images demonstrate tangible loss and often persuade instantly. Date-stamp photos or attach metadata where possible. For repair-related disputes, bring written estimates or bills from independent professionals—not relatives or friends—to establish objective costs. If goods were defective, bring the item itself if portable or submit clear photos. Authenticity matters; judges scrutinize exaggerated photos or edits.
Witnesses may attend if they observed critical facts, but small claims emphasizes brevity. Choose witnesses who can testify concisely: “I saw the mechanic return the car unrepaired,” rather than opinions. If they cannot attend, prepare signed statements with contact information, though live testimony carries more weight. Always inform the court clerk beforehand if you plan to bring witnesses so scheduling proceeds smoothly.
Financial evidence also extends to digital records. Download transaction histories showing payments, Venmo receipts, or PayPal transfers. Judges accept electronic proofs if they display sender, recipient, amount, and date clearly. If you claim lost wages or rental costs, support them with pay stubs or lease agreements. Your goal is to create a self-contained packet that lets a neutral judge understand the story in under ten minutes. Label exhibits clearly—“Petitioner’s Exhibit A – Contract,” “Exhibit B – Receipt dated June 3.” Organized evidence not only convinces the court but signals preparation and integrity.
Finally, ensure consistency between your Statement of Claim and the evidence presented. If you said the work was incomplete, your photos should depict unfinished tasks; if you said payment was withheld, your records must show delivery and nonpayment. Small inconsistencies can erode credibility. Step 8 solidifies your foundation: accurate, timely, and well-labeled evidence that fits the category of your case.
Step 9: Prepare for the Hearing and Understand How Cases Are Decided
The hearing is the heart of your case. In Small Claims Court, hearings are informal but structured: each party presents their version, introduces evidence, and answers the judge’s questions. There are no juries and limited procedural motions. Because of the relaxed format, preparation—not legal jargon—wins cases. Step 9 explains how to anticipate the process and what judges look for when deciding.
Arrive early or log in punctually if appearing remotely. Dress neatly and bring all exhibits in duplicate—one set for you, one for the judge, one for the defendant. When called, stand, identify yourself, and state briefly what you seek: “Your Honor, I am asking for $1,800 for a damaged fence repaired on June 3, 2024.” Stick to facts. Judges appreciate concise narratives: who, what, when, how much, and why it matters. Avoid interruptions; listen when the other side speaks. Courtesy often influences credibility subconsciously.
During your presentation, reference exhibits logically: “As shown in Exhibit A, I paid on May 1. Exhibit B shows the incomplete work.” The judge may interrupt for clarification—answer directly. Do not argue or speculate. You may also request to show photos or play short videos if relevant; check technical rules with the clerk before your date. When finished, summarize why your evidence proves the defendant owes you money under contract, negligence, or statute.
The defendant then speaks. Stay composed even if they distort facts; take notes for rebuttal. When it’s your turn again, address specific discrepancies with evidence rather than emotion. Judges prefer calm precision: “Defendant claims payment was refunded, but bank statements in Exhibit C show no credit received.” After closing statements, the judge may rule immediately or reserve decision, mailing a written judgment later. Accept the outcome professionally—disrespect can affect post-judgment relief.
Judges decide cases by preponderance of the evidence—whichever side’s story seems more likely true based on credible proof. They weigh documentation, demeanor, and reasonableness. If both sides lack clarity, the judge may split damages or dismiss. Understanding this threshold prevents unrealistic expectations. You need not prove beyond doubt—only persuade that your account is more believable. Preparation transforms this step from anxiety to clarity, ensuring your rightful claim stands on solid ground.
Step 10: Enforce the Judgment and Protect Your Recovery
Winning your case is only part of the journey; collecting the judgment is the final step. Small Claims Court provides legal mechanisms to enforce payment, but you must act promptly and methodically. Once judgment is entered, the court mails both parties a copy. If the defendant pays voluntarily, obtain a written satisfaction form and file it with the clerk to close the case. If not, you can pursue enforcement through garnishment, liens, or property seizure.
Start by requesting a certified transcript of judgment from the clerk. In New York City, it can be transferred (“docketed”) to the Civil Court for enforcement above the small-claims division. Outside NYC, docket it in the County Clerk’s office. This converts your decision into a lien against the defendant’s property, affecting credit and allowing collection through sheriffs. You may also file an “Information Subpoena” to compel disclosure of employment, bank, or asset details. The law authorizes you to send these forms by certified mail; nonresponse can result in contempt.
If you know where the defendant works, you can request an income execution (wage garnishment). The sheriff or marshal serves the employer, who must withhold a portion of wages until your judgment is paid. If the defendant owns real estate, the docketed judgment becomes a lien, collectible upon sale. For bank accounts, a property execution authorizes levy and payment directly to you through law enforcement. Each option carries service fees but they are added to the recoverable total, not lost.
Keep records of every payment and correspondence. Once full payment is received, file a “Satisfaction of Judgment” to release the defendant’s record; this maintains your credibility with courts. If the defendant declares bankruptcy, collection halts automatically until lifted by a bankruptcy court order—contact the clerk for instructions.
Persistent enforcement often succeeds simply because debtors wish to restore credit or renew licenses. Follow up periodically with the clerk’s office if you docketed the judgment; liens remain valid for ten years and can be renewed. Treat this final stage with the same organization as filing: track actions, document outcomes, and maintain copies. Enforcement transforms a moral victory into actual recovery, closing the loop of justice that Small Claims Court was designed to deliver.
Associated Costs
Filing fees remain modest statewide: $15 for claims ≤ $1,000 and $20 for claims above that amount in City or NYC courts, or $10 and $15 respectively in Town/Village Courts. Post-judgment fees—such as for transcripts, subpoenas, or marshal service—are separate but small, often $5–$15 each. Sheriffs or marshals may deduct statutory percentages when collecting payments. Printing, mailing, and certified copies are optional personal expenses. Fee waivers are available for those unable to pay by submitting a poverty affidavit at the clerk’s window.
Time Required
From filing to hearing, most New York small-claims cases conclude within six to eight weeks. The court mails notice within days, scheduling hearings typically one to two months ahead. Simple hearings last under 30 minutes. Judgments arrive by mail within two to four weeks if not announced immediately. Enforcement time varies depending on voluntary compliance or need for executions. Efficient preparation and valid addresses dramatically shorten total duration.
Limitations
- Monetary-only jurisdiction: The court cannot order repairs, reinstatement, or apologies—only payment.
- Jurisdictional limits: $10,000 (NYC), $5,000 (City Courts), $3,000 (Town/Village).
- Proper venue required: Defendant must reside, work, or do business in the filing county.
- Government agencies excluded: Separate procedures apply for suing municipalities or state entities.
- No attorneys required: Self-representation is the norm; legal fees cannot be recovered unless statute permits.
- Statutes of limitation apply: Late claims cannot be revived by sympathy or delay excuses.
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