The following excerpt is from McCarthy v. Olin Corp., 119 F.3d 148 (2nd Cir. 1997):
15 There are exceptions to this requirement, see, e.g., Modave v. Long Island Jewish Med. Ctr., 501 F.2d 1065, 1072-74 (2d Cir.1974); Summers v. Tice, 33 Cal.2d 80, 199 P.2d 1, 2-5 (1948) (in banc), but they need not detain us here.
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