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Our team at LoTempio P.C. Law Group is always striving to keep our clients informed about legal information and news. Our blog is updated regularly to help us do just that.

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Social Media Tips for Personal Injury ClaimantsSocial media has made it easier than ever to stay connected. Just look at your current newsfeed; before Facebook, Twitter, and Instagram, people actually had to attend their high school reunions to see how old friends were doing. Today, your high school acquaintances—and college friends, coworkers, and loved ones—are just a few clicks away.

We live in an age of unprecedented accessibility, and while it certainly has its advantages, there are some major drawbacks. For example, once you publish a photo or post a video online, there’s no way to control how it spreads. Regardless of your privacy settings, virtually anyone can access your online profiles with a few savvy workarounds. Even sites that implement the most advanced security measures are vulnerable to data breaches.

Although everyone should be mindful of their digital footprint because of threats like identify theft, personal injury claimants need to be especially careful about what they post online. Social media profiles have become primary sources of evidence for insurance adjusters who are tasked with finding reasons to dispute, undervalue, or deny your claim.

To prevent your online presence from hurting your case, you should consider disabling your social media accounts until your claim has been resolved. But if you insist on keeping your profiles active, the tips below can help safeguard your information:

1. Hold off on Accepting New Friend or Follower Requests

Unless you know exactly who’s requesting to be a friend or follower, be wary of accepting new requests while your claim is pending. If you don’t recognize the individual, it could be someone working for the opposing party.

2. Update Your Privacy Settings

Updating your privacy settings so only friends or followers can see your posts is not foolproof, but it will provide an added layer of protection. At the end of the day, it will be harder for the insurance adjuster to access your photos and posts if your profiles are private.

3. Avoid Posting About Your Injuries

You may want to keep friends and loved ones updated on your recovery, but posting about your injuries could prove detrimental to your case. Even if it seems like a particular post would only corroborate your claim, there’s no way to predict how it might be misrepresented and used against you.

Call 716-855-3761 for a Free Consultation with a New York Personal Injury Attorney

If you want to file a personal injury or wrongful death claim in New York, turn to LoTempio P.C. Law Group for representation. Our legal team has helped thousands of accident victims and their loved ones recover the compensation they needed to make their lives whole again.

We can help you avoid critical mistakes that would harm your case and make sure you are treated fairly by the insurance company. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.

Who Might Be Liable for Damages After a Truck Accident?Driver errors play a role in nearly 90 percent of all large truck accidents in the United States. That means after most truck crashes, either the trucker or another motorist is to blame. But depending on the circumstances, there are several other parties who may be held liable for damages including:

  1. The motor carrier;
  2. The manufacturer of the truck or its parts;
  3. A maintenance contractor;
  4. The cargo loading company; or
  5. The local municipality.

If you or someone you love was injured in a truck wreck and you want to find out who might be liable for the resulting damages, contact LoTempio P.C. Law Group. Our New York truck accident lawyers are well-versed in the laws that govern these claims. We will perform a thorough investigation to identify all potentially liable parties, and we will help you fight for the full compensation you deserve. Call 716-855-3761 to schedule a free case review.

Let’s take a closer look at the parties who might be liable for damages after a commercial truck crash:

1. The Trucker or Motor Carrier

If the crash was caused by driver error, the trucker or motor carrier may be liable. The trucker will typically be liable if he or she was an independent contractor, but the motor carrier that employs the trucker may be responsible if the crash occurred while the trucker was performing work-related duties.

2. The Manufacturer of the Truck or Its Parts

When a truck accident is caused by a vehicle malfunction, any ensuing claims will likely name the vehicle or parts manufacturer. If the trucker or motor carrier knew the vehicle was not operationally safe, though, they may also be considered partially liable.

3. A Maintenance Contractor

Maintenance contractors can be held financially responsible for wrecks caused by vehicle malfunctions, as well. A thorough investigation should reveal whether a parts manufacturer or maintenance contractor is to blame following such an accident.

4. The Cargo Loading Company

When cargo is not secured properly, it can shift en route. This can affect the truck’s handling and even cause it to flip. When an accident is attributed to shifting cargo, the cargo loading company may be considered at fault.

5. The Local Municipality

Government agencies have a duty to maintain public roads, bridges, and signs. If poor road conditions or faulty traffic signals contributed to the crash, it may be possible to pursue damages from the local municipality. Since different statutes of limitations apply when suing a government agency—typically, claimants have just 90 days to file a Notice of Claim—it’s essential to seek legal counsel as soon as possible in such a scenario.

Call 716-855-3761 to Discuss Your Case with a New York Truck Accident Attorney

If you want to file a truck accident claim in New York, turn to LoTempio P.C. Law Group. Our legal team is available 24/7 to answer your call. Dial 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a personal injury lawyer in New York.

Who Is Liable for a Slip and Fall at an Apartment Complex?If you were injured in a slip and fall at an apartment complex, you may be entitled to compensation for your medical bills, lost income, and pain and suffering. But who is liable for your damages?

Depending on the facts surrounding your injury, you may have grounds for a claim against the landlord, the tenant, or another party entirely. Unfortunately, whoever you name in your claim is likely to dispute liability. This is where a premises liability attorney may be able to help.

At LoTempio P.C. Law Group, we are well-versed in the laws that govern premises liability claims in New York. Our attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 to schedule a free case evaluation.

Read on to learn when landlords and tenants might be liable for a slip and fall accident:

When Landlords May Be Liable

Landlords have a duty to maintain all common areas of the apartment complex. They must also maintain each individual unit; however, because tenants have some right to privacy, landlords are not expected to inspect individual units frequently for potential hazards. It’s up to tenants to bring any dangers to the landlord’s attention.

In general, a landlord may be liable for a slip and fall if he or she knew or should have known about the hazard that caused the accident but failed to address it in a timely fashion and/or in a reasonable manner. If a snowstorm is passing through, for example, property owners do not have to shovel the walkways while it is still snowing; however, they may have to put out absorbent mats and/or wet floor signs at every door, because a person of ordinary prudence could assume the snow that tenants track in will make the floors slippery.

When Tenants May Be Liable

There are certain scenarios in which a renter can be liable for an accident that occurs on the premises. If a tenant causes a hazardous condition in the common area or fails to notify the property manager of a potential danger in his or her private residence, anyone who is injured as a result may have grounds for a claim against the tenant.

If a renter knocks a handrail loose, for example, but attempts to hide the damage by shoving it back in place, he or she could be liable for any injuries that occur due to a slip and fall on the staircase. Likewise, if floorboards in the apartment start rippling but the resident fails to notify the property manager, he or she could be responsible for any injuries that result.

Call 716-855-3761 to Speak with a Premises Liability Attorney in New York

If you want to file a premises liability claim following a slip and fall at an apartment complex, turn to LoTempio P.C. Law Group. Our personal injury lawyers have helped thousands of accident victims fight for the compensation they deserve. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a personal injury attorney in New York.

Workers’ Comp Benefits in New York: What You Need to KnowIn the state of New York, the vast majority of employers are required to purchase workers’ comp insurance. Unless you happen to fall under one of the exempted categories to which the workers’ compensation law does not apply, you may be entitled to benefits if you get hurt on the job. Depending on the circumstances, your loved ones may also be able to recover benefits from your employer’s insurer or from the federal government following a work accident.

Such benefits might include:

  • Medical care;
  • Disability;
  • Supplemental benefits;
  • Social Security benefits; and
  • Death benefits.

Of course, just because these benefits are available does not mean they are easy to secure. It is not uncommon for employers to be uncooperative or for insurance providers to deny or at least undervalue claims. For this reason, it is wise to seek legal counsel if you intend to pursue workers’ comp benefits.

At LoTempio P.C. Law Group, we are proud to help the injured and their families fight for the compensation they deserve. A workers’ comp attorney on our team can assess your claim, answer your questions, and help you determine the best way to proceed. Call 716-855-3761 to speak with one of our personal injury lawyers in New York.

Let’s take a closer look at workers’ comp benefits in New York:

1. Medical Care

Workers’ comp covers necessary medical care for an injury or illness a person suffers on the job. For this coverage to apply, you must visit a provider who has been authorized by the Workers’ Compensation Board, unless you require emergency care.

2. Disability

Injured workers may be entitled to cash benefits if they are at least partially disabled for more than seven days. Factors that determine the amount of these payments include the claimant’s average weekly earnings and his or her percentage of disability; however, the weekly benefits cannot exceed the maximum limit. Those who are hurt between July 1, 2018 and June 30, 2019 cannot receive more than $904.74 in weekly benefits, regardless of their average wages prior to the accident.

3. Supplemental Benefits

Claimants who have been classified as totally disabled as the result of a work accident that occurred prior to January 1, 1979 are eligible for supplemental benefits. Widows or widowers who are receiving death benefits following a work accident that resulted in the loss of their spouse prior to January 1, 1979 are also entitled to supplemental benefits and can obtain them by submitting an application to the Board.

4. Social Security Benefits

Employees who are seriously disabled for at least 12 months as the result of a work accident may be entitled to monthly Social Security benefits. These are federal benefits separate from those provided by an employer’s insurer, but they can be awarded alongside workers’ compensation.

5. Death Benefits

If an employee dies as the direct result of a work injury or illness, his or her surviving spouse and/or children may be entitled to death benefits in the form of weekly cash payments. Such benefits are determined by the deceased’s average weekly wage over the 12 months prior to the accident but cannot exceed the maximum limit, regardless of the number of dependents.

Call 716-855-3761 to Speak with a Workers’ Comp Lawyer in New York

If you were hurt while performing your job duties, turn to LoTempio P.C. Law Group. Our seasoned lawyers have more than 200 years of combined experience protecting the rights of the injured. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a New York personal injury attorney.

FAQs About Motorcycle Accident Wrongful Death ClaimsLosing a loved one in a motorcycle accident is one of the most traumatic events a person can experience. Coping with the death of a family member is never easy, but the burden is especially difficult to bear when you don’t get the chance to say goodbye.

Beyond the depression that accompanies such a loss, you may also be facing financial turmoil, especially if your family relied on the deceased for income. Medical bills, funeral costs, and other expenses can add up quickly, but if another person was responsible for the death, you may be entitled to compensation to cover these losses.

To find out if you have grounds for a wrongful death claim, contact LoTempio P.C. Law Group. Our compassionate personal injury attorneys have decades of combined experience negotiating with insurance companies and helping clients regain their financial security. Call 716-855-3761 to schedule a free case evaluation with a motorcycle accident lawyer in New York.

Read on to learn the answers to three frequently asked questions about motorcycle accident wrongful death claims:

1. Am I Eligible to File a Wrongful Death Claim in New York?

In some states, certain relatives of the deceased may bring a suit against those liable for the death; however, New York allows only the personal representative of the estate to file the wrongful death claim. Any resulting compensation is then distributed to eligible family members, which might include the deceased’s surviving spouse, children, and/or parents.

2. How Long Does the Personal Representative Have to File the Claim?

There is always a lot to do after a death in the family; however, if you think your family has grounds for a tort claim, it is wise to seek legal counsel as soon as possible. In the state of New York, the personal representative typically has just two years from the date of death to file a wrongful death lawsuit.

There are exceptions to this statute that may shorten the deadline. If you want to bring a suit against a government entity, for example, you may have just 90 days to file a Notice of Claim.

3. Can Punitive Damages Be Awarded in New York Wrongful Death Claims?

It is not uncommon for drivers who strike motorcyclists to flee the scene. If your loved one was killed by a hit-and-run motorist, it may be possible to recover a punitive award in addition to any compensatory damages. In New York, wrongful death claimants can seek punitive damages if the defendant’s actions were willfully negligent or exhibited a conscious disregard for the rights, safety, or health of others.

Call 716-855-3761 to Speak with a Motorcycle Accident Attorney in New York

If your loved one died in a motorcycle accident, turn to LoTempio P.C. Law Group to determine how best to proceed. We are dedicated to getting our clients the results they deserve as quickly as possible. Call 716-855-3761 or use our Online Contact Form to set up a free case evaluation with a strategic personal injury lawyer in New York.

What Are the Penalties for Shoplifting in New York?Shoplifting might seem like a relatively minor crime, but the penalties for stealing merchandise from a retail store can be severe. Depending on the total value of the items stolen, those who are accused of shoplifting could face misdemeanor or felony charges.

In addition to tarnishing your criminal record, you may have to pay a fine of up to $5,000 or double the cost of the items stolen, whichever is greater. There are also civil liabilities to consider. You may be sued for the cost of the stolen goods and be ordered to pay a penalty to the property owner, which could be up to five times the value of the merchandise.

If you are facing shoplifting charges, the smartest step you can take to protect your future is to consult a criminal attorney. At LoTempio P.C. Law Group, we have more than 200 years of combined experience, and our attorneys have defended thousands of clients against all kinds of criminal charges. Call 716-855-3761 to schedule a free case evaluation with one of our New York criminal defense lawyers.

Read on to learn the potential penalties for shoplifting:

1. Fines

A conviction for shoplifting can carry a hefty fine. Those who are charged with stealing items worth less than $1,000 may have to pay a fine of up to $1,000. Shoplifting merchandise worth more than $1,000, on the other hand, can result in a fine of up to $5,000 or double the value of the stolen items, whichever is greater.

2. Imprisonment

Shoplifting merchandise worth less than $1,000 is a class A misdemeanor, which means a conviction for doing so carries a potential jail sentence of up to one year. If you’ve been accused of stealing more than $1,000 in retail property, you will face felony charges. Depending on the total value of the items stolen, the maximum potential prison sentence can range from four years to 25 years.

3. Civil Liability

Merchants have the right to sue those who steal from them. For example, if the products were lost or damaged, they can sue for up to $1,500. They may also pursue a penalty from shoplifters. This penalty is calculated by multiplying the total value of the stolen property by five; however, it cannot be less than $75 or more than $500.

If you received a demand letter from the merchant, that does not necessarily mean you have to submit payment immediately. Even if they imply you have a civil obligation to do so, this may not actually be the case. It is best to give the letter to your lawyer, who will advise you on the best way to proceed.

Discuss Your Case with a Criminal Defense Lawyer in New York

If you’re facing shoplifting charges, turn to the criminal defense attorneys at LoTempio P.C. Law Group. We will evaluate the circumstances of your case and the strength of any evidence against you to determine the most strategic way to fight the charges. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a criminal defense lawyer in New York.

What Damages Might Be Recoverable in a Wrongful Death Claim in New York?Unintentional injuries are a leading cause of death in the United States. In 2016 alone, more than 160,000 people sustained fatal injuries in unanticipated accidents.

That means tens of thousands of families had to cope with the tragedy of losing a loved one, often due to the negligence or intentional wrongdoing of another person. In many of these cases, the deceased was a primary source of financial support, and surviving family members had to find a new way to make ends meet virtually overnight.

If someone you love died because of the careless or reckless behavior of another person or company, turn to LoTempio P.C. Law Group. Our attorneys are passionate about helping clients pursue the justice and compensation they deserve after the sudden loss of a family member. Call 716-855-3761 to schedule a free consultation with a wrongful death lawyer in New York.

Read on to learn the types of damages that might be recoverable after a wrongful death:

Compensatory Damages

Compensatory damages are intended to compensate the claimant for the economic and non-economic damages incurred as a result of the wrongful death. In wrongful death cases in New York, such damages might include:

  • Medical bills the deceased incurred due to his or her final injury or illness;
  • Pain and suffering the deceased experienced prior to passing;
  • Funeral and burial expenses;
  • Lost income and benefits;
  • Loss of support and services;
  • Loss of parental guidance; and
  • Loss of anticipated inheritances.

Punitive Damages

Punitive damages are intended to punish the defendant for particularly egregious behavior. The jury might award punitive damages if the defendant’s conduct exhibited:

  • Maliciousness;
  • Willful negligence;
  • Wanton recklessness;
  • Fraudulent or dishonest intentions that demonstrated criminal indifference to civil obligations;
  • A high degree of immorality; or
  • Conscious disregard for the safety, rights, or health of others.

If you intend to file a wrongful death claim, you should expect the insurance company or opposing party to do everything in their power to reduce their liability and minimize the final settlement or verdict. They might offer a low settlement before you’ve had a chance to discuss your case with a wrongful death attorney. If you make any recorded statements, they may be misrepresented by the insurer to dispute liability or damages. The insurance company might even argue that your loved one was partially or entirely at fault for his or her own death.

A seasoned wrongful death attorney from LoTempio P.C. Law Group can help you level the playing field and avoid critical mistakes that would jeopardize your claim. We will perform a thorough investigation, gather all available evidence, calculate your damages, and if the opposing party refuses to accept a fair settlement offer, we have the litigation experience to represent your interests in court.

Call 716-855-3761 to Speak with a Wrongful Death Lawyer in New York

We are available 24 hours a day, 7 days a week to take your call. If you cannot come to us, a member of our team will come to you. Dial 716-855-3761 or use our Contact Form to set up a free case evaluation with a personal injury attorney in New York.

What Are the Penalties for Theft in New York?If you are facing theft charges in New York, the consequences of a conviction could affect your life and the lives of your family members for years to come. Depending on your specific charges, the penalties might include tens of thousands of dollars in fines and a lengthy prison sentence.

Even petit larceny—a misdemeanor offense—can result in a jail sentence of up to one year and three years’ probation. But if the property you stole was worth more than $1,000, you may face felony charges, which come with incredibly harsh penalties even for a first offense. Beyond the fines and incarceration, a conviction could also make it difficult to find employment, disqualify you from voting, and prevent you from owning a firearm.

Fortunately, there may be a defense strategy that applies to your case. A criminal defense lawyer from LoTempio P.C. Law Group can evaluate your situation for free and help you determine the most strategic way to proceed.

We will put your rights first and hold the government to its burden of proof. Call 716-855-3761 to schedule a consultation with a New York criminal defense attorney.

Penalties for Theft Crimes in New York

The sentencing guidelines for theft crimes in New York are complex, and the specific penalties you might be facing depend on a variety of factors. Below, we’ve outlined just a few potential penalties of various theft charges, but the best way to determine the consequences you might be facing is to speak with a criminal defense attorney.

1. Petit Larceny

Petit larceny is the least serious theft offense in New York and is the only one that’s classified as a misdemeanor. These charges are associated with theft of property that is worth less than $1,000. A petit larceny conviction can result in up to one year in jail, up to three years’ probation, a fine of $0 to $1,000, court surcharges, and community service.

2. Grand Larceny in the Fourth Degree

Grand larceny in the fourth degree is a class E felony that involves stolen property valued at $1,000 and $3,000. Stealing certain items can also result in such charges regardless of their value. Examples include firearms, motor vehicles, and credit/debit cards. Potential penalties include a prison sentence of up to four years and a fine of up to $5,000 or double the value of the stolen property, whichever is greater.

3. Grand Larceny in the Third Degree

Grand larceny in the third degree is a class D felony that involves stolen property valued at $3,000 and $5,000. A conviction may result in a prison sentence of up to seven years and fine of up to $5,000 or double the value of the stolen property, whichever is greater.

4. Grand Larceny in the Second Degree

Grand larceny in the second degree is a class C felony that involves stolen property valued at $50,000 and $1 million. Obtaining property through certain types of extortion may also warrant such charges. A conviction can result in up to 15 years in prison and a fine of up to $15,000.

5. Grand Larceny in the First Degree

Grand larceny in the first degree is a Class B felony that involves stolen property that exceeds $1 million in value. Potential penalties of a conviction include a prison sentence of up to 25 years and a fine of up to $30,000.

Call 716-855-3761 to Speak with a Criminal Defense Attorney in New York

Just because you are facing theft charges does not mean a conviction is imminent. To discuss the defense strategies that apply to your case, contact LoTempio P.C. Law Group.

Our attorneys have over 200 years of combined experience in legal practice. We are available 24/7 to answer your call. Dial 716-855-3761 or fill out our Contact Form to schedule a free case evaluation.

FAQs About Car Accident Wrongful Death ClaimsLosing a loved one is always heartbreaking, but when the death is expected, you at least have the opportunity to say goodbye. Losing a family member in a sudden car accident, on the other hand, can be a much heavier burden to bear.

Although filing a wrongful death claim will not bring the deceased back, it may help your family cover the lost income, medical bills, funeral expenses, and other damages arising from the loss. Unfortunately, you can expect the insurance company to search for any possible excuse to undervalue or deny your claim.

This is where the New York wrongful death attorneys at LoTempio P.C. Law Group may be able to help.

Our lawyers have decades of combined experience taking on some of the largest insurance companies in the state. We are passionate about helping families pursue justice and the maximum compensation after the wrongful death of a loved one. To discuss your case in a free consultation, call 716-855-3761.

Read on to learn the answers to some of the most frequently asked questions about car accident wrongful death claims:

1. Who May File a Wrongful Death Claim in New York?

Unlike other states, where certain family members may bring a wrongful death claim, New York limits eligible claimants to the personal representative of the deceased’s estate. Although spouses, children, and parents might receive some or all of the resulting settlement, they cannot actually file the claim unless they also happen to be the personal representative of the estate.

2. How Long Does My Family Have to File a Wrongful Death Lawsuit in New York?

If your family wants to sue a reckless or negligent driver for the loss of a loved one, you typically have two years from the date of death to do so; however, there are exceptions to this deadline that might apply to your case. If you want to sue a government entity, for example, such as the local municipality responsible for maintaining the roads, you may have just 90 days to file a Notice of Claim with the appropriate agency.

3. What Kinds of Damages Might Be Available in a Wrongful Death Claim?

In car accident wrongful death claims, potentially recoverable damages include:

  • Funeral and burial expenses;
  • Medical expenses incurred prior to the death;
  • Lost income and benefits;
  • Loss of support and services;
  • Loss of parental guidance;
  • Loss of anticipated inheritances; and
  • The deceased’s conscious pain and suffering prior to passing.

Dial 716-855-3761 to Discuss Your Case with a Car Accident Attorney in New York

If you recently lost a loved one in a motor-vehicle collision, turn to LoTempio P.C. Law Group. Our wrongful death attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 or use our Contact Form to set up a free consultation with a car accident lawyer in New York.

What Constitutes an Illegal Search and Seizure?Most people have only a cursory knowledge of their constitutional rights and are therefore unsure when they have been violated. The Fourth Amendment protects Americans from illegal searches and seizures by law enforcement, and any evidence gathered during an illegal search may not be admissible in court.

If you have been charged with a crime but you think the police violated your rights, contact LoTempio P.C. Law Group. Our criminal defense lawyers can investigate your arrest to determine if the evidence against you was gathered during an illegal search. Call 716-855-3761 to schedule a free case evaluation with a criminal defense attorney in New York.

Read on to learn what constitutes an illegal search and seizure:

Did Police Have a Search Warrant?

Law enforcement need a search warrant, probable cause, or your consent to conduct a lawful search. Even if you did not give permission to the police to search your property, that might not matter if they had a warrant, which is an order that has been signed by a judge and grants police the right to look for certain items at a specific location.

If police did not have a warrant, they can still search your home or vehicle if you consent. If they attempt to do either without getting your consent or presenting a warrant, they may be violating your Fourth Amendment rights—unless they had probable cause to perform the search.

Did Police Have Probable Cause?

If police do not have a search warrant or your consent to perform the search but they have reason to believe you are breaking the law, they may be able to conduct a legal search and seizure. If officers pull you over for speeding, for example, and they can clearly see drug paraphernalia in the passenger seat next to you, they may have probable cause to search the rest of your vehicle.

The bottom line: If the police searched your property when you had a reasonable expectation of privacy, they did not have a warrant or probable cause, you did not provide consent, you had not yet been arrested, and it was a non-emergency situation, then any evidence gathered during the search might not be admissible in court. In some situations, getting this evidence thrown out is enough to result in the dismissal of all charges.

Call 716-855-3761 to Speak with a Criminal Defense Lawyer in New York

If you are facing charges and you believe the police conducted an illegal search and seizure, turn to LoTempio P.C. Law Group to discuss your case. Our New York criminal defense attorneys have represented thousands of clients, giving us a skillset and courtroom experience that few law firms possess.

Whether you have been charged with drug possession, DWI, or a violent crime, you can rely on our legal team for personalized and attentive representation every step of the way. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation.

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