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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.

Common Mistakes to Avoid After a Car AccidentIt doesn’t take much to cause a serious collision that has life-changing consequences. Sending a brief text message, dozing off for a few seconds, or getting behind the wheel after one too many glasses of wine can result in a devastating wreck that leaves severe injuries in its wake.

Unfortunately, it doesn’t take much for the victims of such collisions to jeopardize their injury claims, either. Simply posting a photo of yourself on social media could threaten your case if it brings the severity of your injuries into question. Also, any recorded statements you give to the insurance company might be used as evidence to dispute liability and damages.

If you were injured in a crash with a reckless driver and want to avoid making critical mistakes that could hurt your chances of recovering a fair payout, contact LoTempio P.C. Law Group. Our highly experienced personal injury attorneys will aggressively represent your interests and make sure the insurance company treats you fairly. Call 716-855-3761 to schedule a free case evaluation with a car accident lawyer in New York.

Read on to learn five common mistakes to avoid after a motor-vehicle collision:

1. Failing to Call the Police

If you are in a crash that causes bodily injury, you are required by law to notify the police immediately in the state of New York; however, this is not the only reason to involve law enforcement. Accident scenes are inherently chaotic, and tensions will be running high.

Upon arriving at the scene, police will prevent altercations, direct traffic, and interview eyewitnesses. They will also draft an official report, which may contribute to the strength of your claim.

2. Admitting Fault

Some people have a natural inclination to apologize after accidents, but doing so could be considered an admission of fault. You should never accept the blame even if you believe you were liable for the crash. The laws that govern collision claims are complicated, and it is not uncommon for drivers to admit fault even when another party is liable for their damages.

3. Posting About the Accident on Social Media

People often turn to social media to garner support from friends and loved ones following traumatic events; however, it is best to avoid posting about the crash or your recovery because anything you publish could be used by the insurance company to dispute your claim.

4. Failing to Seek Medical Care

Visiting a doctor as soon as possible following the wreck will ensure you receive adequate medical attention for any injuries including those that may not be manifesting symptoms yet. It will also begin a paper trail detailing the damages you have incurred as a result of the accident.

5. Going up Against the Insurance Company Alone

Although you have the right to represent yourself during the personal injury claims process, it is not wise to go up against a massive corporation on your own. Claims adjusters are professional negotiators with incentive to find reasons to dispute your claim. Hiring a seasoned car accident lawyer will level the playing field and ensure you have access to the same resources the insurance company does.

Call 716-855-3761 for a Free Consultation with a New York Car Accident Attorney

If you were hurt in a motor-vehicle collision and are ready to start the claims process, turn to LoTempio P.C. Law Group. By letting us handle the logistics of the case, you can focus on what matters most: your health and your family. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.

How to Handle the Scene of a Car AccidentEvery car accident is a nerve-racking experience. Whatever plans or concerns you had before the crash suddenly become an afterthought as you grapple with the shock and confusion. It’s not easy to keep a cool head, but your statements and actions at the scene and over the days that follow will have a major impact on your ability to file a successful claim.

On average, drivers are involved in a collision about once every 18 years, yet many are not sure what to do after a crash. Unfortunately, one mistake could be all it takes to jeopardize your chances of recovering compensation for medical bills, lost income, property repairs, and other damages. In this blog, we’ll discuss a few steps to take immediately after a wreck to protect yourself financially.

One of the smartest steps you can take is to consult a personal injury attorney before you contact the insurance company. Claims adjusters can be ruthless when it comes to finding reasons to deny claims, but a seasoned accident lawyer will make sure you are treated fairly throughout the proceedings.

At LoTempio P.C. Law Group, our attorneys have more than 200 years of combined experience negotiating with insurance companies. Your initial consultation is free, and if we determine your case has merit, we will conduct a thorough investigation and ensure your claim is as strong as possible before settlement negotiations begin. Call us today at 716-855-3761 to speak with a car accident lawyer in New York.

Read on to learn a few steps you should take after a motor-vehicle collision:

1. Check for Injuries

After any car accident, your top priority is to make sure anyone who was injured receives prompt medical attention. If you think someone suffered a spinal cord injury, do not move them as this could aggravate the injury.

2. Contact the Police

The insurance company will want to see a police report to verify your version of events. When discussing the crash with an officer, only provide the basic facts about what happened; do not speculate or admit fault.

3. Take Photos

Pictures can play a critical role in claims when a dispute arises regarding liability or damages. Take photos of injuries, skid marks, property damage, the weather and road conditions, and any nearby signage. Don’t forget to enable your camera’s timestamp function.

4. Gather Information from Drivers and Eyewitnesses

Write down the driver’s license numbers, license plate tags, and insurance details of every driver involved in the collision. Also, record the contact details of eyewitnesses. Your attorney may use their testimony to prove negligence and liability.

5. Undergo a Medical Evaluation

You may be tempted to put off your medical evaluation because you fear the cost, but failing to visit a doctor after a crash could hurt your chances of recover fair compensation. Without official documentation of your injuries, it may be difficult to tie them to the crash or prove their severity.

Discuss Your Case with a New York Car Accident Attorney Today 

As soon as your health is stable, contact LoTempio P.C. Law Group to discuss your case. We will handle the logistics of your claim so you can focus on your health and your family. Call 716-855-3761 or message us online to set up a free consultation.

3 Defenses Against Drug Possession Charges in New YorkSome people assume the penalties for drug possession in New York aren’t that severe because it’s such a common offense. But depending on the type of substance allegedly found in your possession and the amount, a conviction could have life-changing consequences including thousands of dollars in fines, incarceration, drug testing, probation, and electronic monitoring.

Fortunately, just because you’re facing charges doesn’t mean a conviction is inevitable. Depending on the facts surrounding your arrest, there may be a defense that leads to reduced charges or penalties or the outright dismissal of your case.

To discuss the defense strategies that apply to your situation, contact LoTempio P.C. Law Group for a free consultation. Our team of experts can investigate your arrest to identify any procedural errors made by law enforcement that might contribute to your defense. Call 716-855-3761 to speak with a criminal attorney in New York today.

Read on to learn about a few possible defenses against drug possession charges:

1. Illegal Search and Seizure

The Fourth Amendment protects Americans from unlawful searches and seizures. That means police officers cannot search you without a warrant or probable cause.

Let’s assume, for example, that your vehicle was pulled over and the officer searched it without probable cause or a warrant. Any evidence gathered during this unlawful search—including illegal drugs—cannot be used against you in court, so your drug possession charges would most likely be dismissed.

2. Dominion and Control

If the drugs were not actually on your person at the time of arrest, the prosecutor must prove dominion and control instead, which means you had control over the area where the substance was found. The prosecutor must prove that you had both the knowledge and ability to exercise control over the person or property from whom the drugs were seized. Therefore, proving that you were unaware of the substance on your property may be a viable defense depending on the circumstances. This defense may apply if you were hosting a guest who was in possession of illegal drugs or if your roommate brought drugs into your home and police found them during a search.

 3. Medical Marijuana Exception

This defense only applies to charges for the possession of marijuana. People with qualifying conditions, such as Parkinson’s disease, cancer, and HIV, are allowed to carry a 30-day supply of marijuana; however, they are not allowed to use marijuana in public, and they must carry their registry ID card when they possess it.

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

If you are facing charges for drug possession, turn to a criminal defense attorney at LoTempio P.C. Law Group. With more than 200 years of combined experience, our lawyers have the knowledge and legal strategies to help you fight for the best possible outcome for your case. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with one of our strategic New York criminal defense lawyers.

 

5 Most Common Examples of Medical Malpractice in New YorkEvery time you visit a hospital, clinic, doctor’s office, or urgent care center, you are essentially putting your life in someone else’s hands. Unfortunately, healthcare providers are only human, and they make mistakes just like everyone else.

From 2006 to 2016, New York was one of the top four states in terms of the number of medical malpractice payments, according to Hofstra University. Some of the most common forms of medical negligence include misdiagnoses, medication errors, surgical and anesthesia errors, labor and delivery errors, and failure to administer appropriate treatment.

If you or a member of your family received substandard care in a medical facility, contact LoTempio P.C. Law Group to discuss your case. You may be entitled to compensation for healthcare expenses, lost income, pain and suffering, and other damages. Call 716-855-3761 to schedule a free case evaluation with a medical malpractice lawyer in New York.

Read on to learn about some of the most common types of medical negligence:

1. Misdiagnoses

Misdiagnoses typically occur when a doctor confuses a patient’s symptoms with another condition, fails to identify certain symptoms, or misinterprets the results of diagnostic tests. When this happens, the patient’s actual condition can progress as it goes untreated, and the patient may be subjected to a potentially harmful treatment for an injury or illness that he or she does not have.

 2. Medication Errors

Medication errors can occur at any stage of drug administration. The prescribing doctor might write down the wrong medication name, a pharmacist could dispense the wrong drug, or a nurse might administer the wrong dosage. All of these errors have the potential to cause life-threatening complications under certain circumstances.

 3. Surgical/Anesthesia Errors

Patients assume certain risks every time they undergo a surgical procedure, but when a surgeon or anesthesiologist makes a mistake that would have been avoided if they had used accepted standards of care, the patient may have the right to sue for damages. Common examples of surgical negligence include:

  • Failing to monitor a patient’s vitals;
  • Puncturing organs;
  • Damaging nerves;
  • Leaving foreign objects inside a patient’s body;
  • Operating on the wrong site; and
  • Failing to provide adequate aftercare for preventing infections.

 4. Labor/Delivery Complications

Errors during labor and delivery are especially tragic because they can threaten the lives of both the mother and baby. Common examples of labor and delivery errors include:

  • Failing to control blood loss during delivery;
  • Failing to monitor the infant’s oxygen intake;
  • Failing to detect physical or mental impairments during pregnancy; and
  • Failure to perform a C-section during certain medical emergencies.

 5. Failure to Treat

If a physician fails to treat an injury or illness when obvious symptoms are present, the patient’s condition can progress to a point where a more invasive or harmful treatment is needed. In some cases, a failure to diagnose can be fatal or lead to a permanent disability. Discharging a patient too soon and failing to provide adequate follow-up care are examples of failure to treat.

Discuss Your Case with a Medical Malpractice Attorney in New York

If you or someone you love was a victim of medical negligence, contact LoTempio P.C. Law Group. Our legal team will handle all the logistics of your case so you can focus on recovering. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.

What Are the Penalties for Marijuana Possession in New York?As of July 2018, all but four states have legalized the use of marijuana in some form. In most states, marijuana is only legal for medicinal use or in the form of cannabidiol oil for medical research; however, nine states have legalized the drug for recreational purposes.

Unfortunately, New York is not one of them.

The state legalized medicinal marijuana in 2016, but the drug remains illegal for recreational purposes. That means those who are caught cultivating, trafficking, selling, or possessing it could face serious penalties.

If you were charged with marijuana possession in New York, your freedom and financial security could be at stake. To determine the most strategic way to proceed, contact LoTempio P.C. Law Group.

Our attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 to schedule a free case evaluation with one of New York’s leading criminal defense law firms.

Read on to learn about the penalties for marijuana possession in New York:

1. Fines

The fines for marijuana possession in New York range from $100 to $15,000. The potential fine you are facing depends on the amount of marijuana you were allegedly in possession of, whether you have any prior convictions, and several other factors. For example, a first-time offender who is found in possession of less than 25 grams can be fined up to $100, but someone who is arrested with more than 10 pounds of marijuana faces up to $15,000 in fines.

2. Incarceration

Third-time offenders and those who are found with more than 25 grams of marijuana in their possession face potential incarceration. Sentencing can range from 15 days to 15 years depending on the amount of marijuana involved.

A third-time offender who has less than 25 grams in his or her possession faces 15 days in jail. Possessing marijuana in public view is a misdemeanor that comes with a potential 90 days’ incarceration. A person who is found with more than 10 pounds of marijuana faces up to 15 years in prison.

3. Other Penalties

In addition to fines and incarceration, people who are convicted of marijuana possession in New York may be ordered to undergo mandatory drug testing, attend drug awareness classes, report to a probation officer, and submit to electronic monitoring, depending on the severity of their charges and whether they have prior convictions.

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

If you’ve been charged with marijuana possession, turn to LoTempio P.C. Law Group. Our criminal defense lawyers will evaluate the circumstances of your arrest, as well as the strength of any evidence the prosecutor has against you, to determine the most strategic way to represent your interests.

Our legal team has a track record of success in criminal cases ranging from DWI to violent crimes. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a criminal defense lawyer in New York.

4 Reasons to Hire a Skilled Medical Malpractice AttorneyIt’s reasonable to expect quality and attentive care whenever you visit a doctor or another medical professional. Whether you’re going in for a simple exam or a complicated surgical procedure, your physician has an obligation first to do no harm, which means you should never leave the facility in worse condition than when you arrived.

Unfortunately, not all patients receive the care they deserve. In fact, medical malpractice is far more common than most people realize—and the consequences can be costly. According to CBS News, the average malpractice payout was more than $350,000 between 2009 and 2014.

If you were the victim of medical malpractice and want to pursue the compensation you deserve, contact LoTempio P.C. Law Group. We will evaluate your case for free and help you determine the most strategic way to proceed. Call 716-855-3761 to schedule a consultation with a medical malpractice attorney in New York.

Let’s explore a few reasons why you should hire a skilled medical malpractice lawyer:

1. To Level the Playing Field

Damages in medical malpractice cases often amount to hundreds of thousands of dollars—or more. With so much at stake, you can be sure the opposing party’s insurance provider will look for every reason to dispute fault. And if they can’t deny their policyholder’s liability, they will attempt to settle for the lowest possible payout.

Unfortunately, that means insurance adjusters are not above using devious tactics to convince claimants to settle for less than they deserve. Since medical malpractice attorneys also happen to be seasoned negotiators, hiring one will essentially level the playing field. A strategic lawyer will not let the insurance adjuster bully or intimidate you into accepting an unfair settlement.

 2. To Focus on Your Health

Building a strong malpractice claim is a lot of work. Even in cases when liability seems obvious, there is a considerable amount of evidence to gather and paperwork to file. By hiring an attorney, you can focus on recovering while your case proceeds in good hands.

 3. To Gain Access to Valuable Resources

When you hire a medical malpractice lawyer, you gain access to all kinds of legal resources that can contribute to the strength of your claim. Such resources might include medical experts, economists, and even surgery reconstruction animators.

4. To Prepare for Trial

Most medical malpractice claims are resolved before reaching court; however, since there is always a chance your case could go to trial, it is wise to prepare for such an outcome from day one. Even if a settlement is the expected result, a proactive attorney will prepare your claim for court—and let the opposing party know you’re not afraid to go to trial.

Discuss Your Case with a Medical Malpractice Attorney in New York

If you want to sue a negligent healthcare provider, turn to LoTempio P.C. Law Group. Our legal team is committed to helping those who have been wronged put their lives back together. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with one of our medical malpractice lawyers in New York.

What Damages Are Recoverable in New York Personal Injury Cases?If you’re like most adults in the U.S., missing a single week of work would cause you to fall behind on essential bills. According to CBS News, nearly 80 percent of American workers live paycheck to paycheck.

That means if you develop an unanticipated illness or injury, your financial security could be in jeopardy even if you have adequate health insurance. A serious injury can cost a small fortune in lost wages, home care, and other expenses.

If another party was at fault for your accident, though, you may be able to recover compensation for your damages by filing a personal injury claim. Unfortunately, the path to a fair settlement is riddled with legal hurdles, and one small mistake could be all it takes to derail your case.

This is where a New York personal injury attorney can help.

At LoTempio P.C. Law Group, we understand what’s at stake for you and your family. Our accident lawyers will help you navigate every step of the claims process and fight for the full compensation you deserve. Call 716-855-3761 to schedule a free case evaluation.

Read on to learn about the kinds of damages that may be available in New York personal injury claims:

Compensatory Damages

Compensatory damages are intended to make the injured party “whole” again. In other words, they compensate the claimant for losses incurred as a result of the incident.

There are two kinds of compensatory damages: general and special. General damages are non-monetary losses like pain and suffering, scarring and disfigurement, mental anguish, emotional distress, loss of consortium, loss of enjoyment of life, and lost opportunity.

Special damages, on the other hand, are objectively verifiable losses. They refer to the economic costs incurred as a result of the accident such as:

  • Past and future medical expenses;
  • Home care;
  • Rehabilitation;
  • Medical equipment;
  • Home modifications;
  • Accessible vehicles and/or transportation;
  • Domestic help and/or childcare;
  • Lost wages;
  • Loss of earning capacity; and
  • Property damage.

Punitive Damages

Although most personal injury cases do not warrant punitive damages, they may be awarded if the liable party’s behavior was particularly egregious. In the state of New York, plaintiffs may be able to obtain punitive damages if the defendant’s actions constituted:

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

Call 716-855-3761 to Speak with a Personal Injury Attorney in New York

If you were hurt because of another party’s negligence and you would like to know which types of damages to pursue, contact the personal injury attorneys at LoTempio P.C. Law Group. Our legal team has more than 200 years of combined experience practicing law. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a New York personal injury lawyer.

What Constitutes Domestic Violence in New York?It’s perfectly normal to argue with your partner from time to time. No two people can expect to agree on everything, so the occasional quarrel doesn’t necessarily mean your relationship is doomed. But if your partner accuses you of domestic violence (DV), it will threaten a lot more than your relationship.

The state of New York imposes harsh penalties for assault, menacing, stalking, or strangulation within the confines of a domestic relationship; however, just because you are facing DV-related charges does not mean a conviction is imminent.

If you were merely acting in self-defense, for example, a New York criminal defense lawyer can help you gather evidence to prove as much. And if the incident did not occur at all—sadly, false DV accusations are relatively common, especially during contentious custody battles—your attorney may be able to clear your name.

Regardless of the circumstances, you can determine the most strategic way to proceed by contacting LoTempio P.C. Law Group. Our criminal defense attorneys have helped thousands of clients throughout New York fight serious charges. Call 716-855-3761 to schedule a free case evaluation.

Let’s examine how the state of New York defines domestic violence:

Coercive Tactics That Attempt to Control a Partner

According to the New York State Unified Court System, domestic violence is a pattern of intimidating or bullying tactics that an adult uses against an intimate partner to establish or maintain control over him or her. People often associate DV with physical altercations, but coercive tactics also include abuse that is psychological, emotional, sexual, or financial in nature.

A single incident can be considered DV, or a longtime pattern of controlling behavior can constitute domestic violence. The Office for the Prevention of Domestic Violence lists some of the most common ways someone might try to maintain power and control over his or her partner, which include:

  • Isolation: An abuser might stop the victim from seeing or maintaining a close relationship with friends and loved ones;
  • Intimidation: Regardless of whether abusers actually resort to physical violence, they often incite fear in the victim that they might;
  • Manipulation: If children are involved, abusers might try to turn them against the victim. They may also undermine the victim in front of them or threaten to take them away; and
  • Physical/Sexual Abuse: Many domestic violence-related cases involve physical or sexual abuse because these tend to be the easiest kinds of abuse to prove. They often leave tangible evidence like bruising and other wounds. Penalties for a conviction of either can be severe.

Discuss Your Case with a Criminal Defense Attorney in New York

If you are facing criminal charges related to domestic violence, there’s a lot at stake. An attorney from LoTempio P.C. Law Group will evaluate your situation from all angles to determine the best approach for achieving the most favorable outcome possible. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with one of our seasoned criminal defense lawyers in New York.

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