Friedman & Simon - March 2020

LEGAL BRIEF

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MARCH 2020

Captivating Matchups March Madness From a Lawyer’s Perspective

I was excited for the opportunity to write this month’s cover. Basketball may not be my number one sport, but as “March Madness” sets in, I find myself fully tuned into the games and storylines, the lead in, the underdogs, the favorites, the mascots, all of it. The NCAA tournament is fascinating in that way. It seems like college basketball isn’t on a lot of people’s minds most of the year. Then March hits and everyone from U.S. presidents to high school students are making their own brackets. I have a theory for why this is. Perhaps more than any other tournament, March Madness is a space where anything can happen. It seems like every year we get another “Cinderella story” as some tiny, unknown school rises to take some of the top contenders out of running. I don’t care how little you know about basketball. Those crazy buzzer-beater moments are always going to be captivating — especially when pulling for an underdog team. On a more personal level, those David and Goliath matchups on the basketball court hit pretty close to home. After all, choosing to represent people against the interests of

long, I’d argue the work we do here at this firm mirrors the story of these small-school basketball teams pretty well. In sports and law, two things can make all the difference: preparation and tenacity. Whether they’re a Big East team or a multibillion- dollar insurance company, your opponents are going to start with a lot more resources than you have out the gate. Making up that difference, on the court or in the courtroom, takes putting in the time and effort to rise to the challenge. Sure, we don’t do “legal drills” to practice ahead of a big case, but preparation is still a major part of our job. Like a good coach, we’ll research the opposing team, try to suss out their game plan, and identify any weaknesses they might have in their approach. Meanwhile, we put in the legwork to interview witnesses, review medical records, and secure expert testimony to strengthen our own case. And then, of course, we put this preparation to the test.

516-800-8000 1 ––––-John Papadopoulos accountable to more than just their bottom line. If you ask me, doing that is better than winning any trophy. a quick settlement look preferable. That’s why the best personal injury firms have the tenacity to push back right from the start, making sure the other side knows they might face a challenging legal battle. Often this means working twice as hard as the other side to put points on the board, but the end result is more than worth it. But this is where the metaphor breaks down: We’re not playing a game — and far more than sports scholarships are riding on our success. In personal injury law, winning those David and Goliath matchups means protecting a family when they’re at their most vulnerable. It means protecting someone’s future by holding a powerful company

Just as big basketball schools have the luxury of huge rosters of talented players to sub in

powerful insurance companies means that personal injury lawyers are often cast

and out while running their opponents’ star players ragged, big insurance companies can afford to drag out cases, inundate small firms with paperwork, and use every trick in the book to make

“In sports and law, two things can make all the difference: preparation and tenacity.”

as the underdogs ourselves. In fact, while we may not be able to make 3-pointers all day

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When the Police Don’t Take Your Side

It takes a special kind of person to enjoy spring-cleaning. For most of us, the satisfaction of a clean house doesn’t quite outweigh the hours of scrubbing, sorting, and slogging through heaps of unnecessary stuff. If you’re struggling to find the motivation to start your spring-cleaning, try flipping the paradigm: Instead of spring-cleaning, think of what you’re doing as spring- greening , and make some eco-friendly swaps along the way. Here are a few ideas to get you started. 1. SWAP YOUR PLASTIC SPRAY BOTTLES FOR BULK OR DIY CLEANING PRODUCTS. According to a Statista report, in 2019, the household cleaners market was worth more than $31 billion, and it’s continuously growing. You can save money on cleaning supplies by taking the green route. When your current stock runs out, try buying bulk cleaners or making your own. Both options will save plastic because you can reuse your bottles, and they can help you avoid the harmful chemicals found in most cleaners. Visit UnderATinRoof.com and read the blog post “Zero Waste Cleaning Supplies + Recipes” to get started. 2. EXPLORE ALTERNATIVE LAUNDRY DETERGENTS. If you’re used to using a plastic jug of liquid laundry detergent, it’s time to step out of your comfort zone. This spring, try exploring greener alternatives like plant-based bulk laundry powder (Molly’s Suds is an excellent source). Or, if you’re feeling really adventurous, you can even try adding all-natural cleaners like soap nuts or English ivy to your laundry loads. For more on the former, search “soap nuts” on 1MillionWomen.com, and read up on ivy detergent at Permacrafters.com/English-Ivy-Laundry-Detergent. 3. SAY GOODBYE TO PAPER TOWELS. Paper towels are a mainstay in American homes, but do we really need them when a good old-fashioned rag can do the job? According to the Ocean Conservancy, 13 billion pounds of paper towels are tossed in the U.S. each year! This spring, quit paper towels and keep a stash of dish rags under the sink to do your dirty work. When you’re cleaning out your closet, you can even cut up old T-shirts and add them to your rag stash! If you’re brave, try giving up tissues, too — an old-school hanky does the trick. If you’ve made all three of these swaps, don’t stop there! To continue your green journey, visit any of the blogs mentioned above and start browsing. YOUR GUIDE TO SPRING- GREENING 3 Eco-Friendly Home Swaps to Make When You Declutter

Is Your Auto Accident Claim Sunk?

Something that happens far too often in auto accident cases is injured parties fail to pursue a claim because a police report paints them in a negative light. While having a favorable report from a law enforcement officer who responded to your car accident is always a welcomed piece of evidence, it won’t make or break a case. Here’s what you should consider if a police report doesn’t capture the full story of your accident. REMEMBER, THE OFFICER PROBABLY DIDN’T WITNESS THE ACCIDENT Police reports in New York are considered to be hearsay evidence, because it is very rare for the responding officer to have actually witnessed the accident. This means that the large majority of reports are based on the reporting officer’s version of statements received at the scene of the accident. Sometimes, if a person is hurt, they are unable to even speak to the responding officer at the scene. Often times, the full picture of a situation is not grasped or captured by the police report. When the actual facts surrounding your accident contradict the report of a police officer, and these facts can be proven by witnesses, video, or other evidence, judges, jury members, and even the insurance companies will eventually have to agree that the police report version of the accident is not correct. Further, in the majority of cases, the law does not allow for a police report alone to be conclusive proof of fault in an accident. BUILD YOUR CASE Even before law enforcement arrives on the scene, you should take action to gather evidence. If due to your injuries you are unable to, check to see if a family member or friend or good Samaritan can help you at the scene of the accident to obtain contact information of witnesses and take pictures. Taking pictures of the accident scene, including damage to any vehicles involved, conditions on the road, and the layout of the street or intersection are all invaluable facts that can vindicate you when a report offers a different version of events. You can also speak with bystanders who witnessed the accident about testifying on your behalf. If they agree, be sure to exchange contact information with them. The word of someone who was there during the accident itself will carry more weight than a report compiled in its aftermath. GET AN EXPERT OPINION Finally, don’t let an unfavorable police report hold you back from exploring your legal options. Many firms, including ours, offer free consultations so you can get the opinion of an experienced auto accident attorney as to whether or not you have a case. It costs nothing to consider this option, and it could cost you a great deal not to, so don’t let the interpretation of one officer keep you from seeking compensation.

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When a friend is hospitalized, it’s easy to feel powerless to help them. You might want to go beyond flowers and “get well soon” cards, but unless you’re a doctor, you can do very little to directly aid their recovery. However, there are concrete ways you can make their hospitalization easier on them and their family. THE COMFORTS OF HOME Being stuck in a hospital room can make anyone feel homesick, but adding a touch of familiarity to their surroundings can go a long way. Offer to bring them items they may want or need from home, such as a favorite blanket or puzzle set. Toiletries like soap and shampoo are also welcomed gifts, allowing the hospitalized person to care for themselves using the products they’re used to. TAKING CARE Offering to take care of errands and other necessities your friend can’t get to during their hospitalization is another great way to help. Maybe you can drive their kids to school on certain days of the week or help out their family with some grocery shopping. Having an extra hand to help out goes a long way for a family in crisis. HELPING THE HOSPITALIZED How to Be There for a Friend in Need

GIVING TIME Perhaps the most valuable thing you can do for a friend while they are in the hospital is spend time with them. Having someone to confide in or just chat with can do wonders for their well-being — they won’t feel so isolated. If you can’t make their visiting hours, simple calls or texts can still do a world of good. You’re letting your friend know you’re thinking of them and they’re not alone. CARE FOR YOURSELF, TOO Of course, you don’t have to try and do all these things at once. Caring for someone can be incredibly stressful at times, and it’s important to pay attention to your own needs as well. Chances are, your friend wouldn’t want you burning yourself out on their behalf, either.

Orange Glazed Salmon

SUDOKU

Inspired by RealFoodWithJessica.com

Keep dinner light, simple, and easy with this paleo-friendly recipe.

Ingredients

• 2 salmon fillets (10 oz total) • 1 tsp salt • 2 tbsp ghee • 1 tbsp garlic, minced • 1 tbsp fresh rosemary, chopped

• Zest from 1 orange • 1/3 cup fresh-squeezed orange juice • 1 tsp tapioca starch

Directions

1. Heat oven to 425 F, and line a sheet pan with parchment paper. 2. Salt each fillet with 1/2 tsp salt. Bake for 6–8 minutes. 3. In a saucepan, combine ghee and garlic and cook over medium heat for 3 minutes. 4. Add rosemary, zest, and juice. Cook for another 3 minutes. 5. Stir in tapioca starch until lumps disappear and mixture thickens. 6. Plate salmon and top with orange sauce.

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INSIDE THIS ISSUE

1 2

Law and Basketball

3 Eco-Friendly Home Swaps to Make During Spring-Cleaning Can a Police Report Sink Your Accident Claim?

3 4

Caring for Hospitalized Friends Orange Glazed Salmon

New York City’s Chaotic Annual Tradition

SMASHED MIRRORS, MAIMED SOFAS, AND MISSING BED-SCREWS

The Day Everyone in New York City Moved

Moving is the worst. The costs of hiring a moving company and the sheer amount of time it takes to physically move everything make the whole affair an aggravating mess. And if you thought moving just one house on your street was terrible, imagine the chaos that would ensue if everyone in your whole city moved on the same day. That’s exactly what happened in New York City for nearly two centuries. From Colonial times until the end of World War II, May 1 was Moving Day in New York. On that day, every lease in the city ended, and pandemonium reigned in the streets as everyone scurried to their new homes. Eyewitness accounts of Moving Day describe the tradition as sheer mayhem. An English writer said Moving Day looked like “a population flying from the plague,” and frontiersman Davy Crockett called it an “awful calamity” when he discovered the event in 1834. Still, some people loved Moving Day. Long Island farmers took their carts into the city on May 1 and charged as much as a week’s wages to move desperate tenants’ belongings to their new homes, which was a tidy sum in those days. Children were also fond of Moving Day because they got the day off school to help their families navigate the tumultuous time.

A few prominent theories have emerged about the origins of this tradition. Some posit that May 1 coincided with the English celebration of May Day. Others say it morphed out of an event where servants would look for new employers. The most well-known explanation, however, is the May 1 move commemorated the day Dutch colonizers “moved” to Manhattan in the first place.

The Moving Day tradition began vanishing in the early 20th century because many cartmen and housing builders were drafted during World War I, leaving fewer movers and less available housing. Additionally, the construction of the New York City subway gave other tenants rapid access to more housing options outside Manhattan. Finally, after many cartmen were again drafted in WWII, the tradition officially ended in 1945.

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