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LEGAL BRIEF
OCTOBER 2023 FriedmanSimon.com 516-800-8000
SONIC NOSTALGIA WHY THE CD ERA STILL RESONATES
A lot has changed since I was a kid. Like many families today, we stream everything, and my 3-year-old only recently saw her first commercial. She began loudly protesting that she didn’t like this new TV show! Meanwhile, if I were to pull out my old CD collection gathering dust in the closet, I’m sure my children would have no idea what the strange, shiny discs were. But CDs were a big deal during my childhood, and I still remember my first boombox. It was Christmas 1991, and my family had traveled from our home in Phoenix to my grandparents’ house in Winnemucca, Nevada. My parents gave me the new battery- operated CD player and a copy of Garth Brooks’ album “Ropin’ the Wind.” I have no idea why they picked that particular CD. I’m sure country music must have been popular where we lived; we dressed so much like cowboys that the first time my wife saw a picture, she thought we were wearing Halloween costumes. But even though Dad went mustanging, he was into classic rock, and Mom gravitated more toward pop. During the drive home to Phoenix, I placed my boombox in the middle of the van and blasted out the album. I was 7 years old at the time, and my 5-year-old brother and I particularly liked the song “Rodeo” because it contained the word “damn.” It was scandalous to us, and I asked whether we could sing the lyrics. My parents gave us a talk about how we’d get in trouble at school
for using that word and would be punished for saying it in any other context. But, they said, singing it as a part of the lyrics to the song was okay. That was all we needed to hear. We repeated that song for most of the 12-hour drive home, belting out the words each time. My parents must have had infinite patience, and the memory always makes me laugh. I had no affinity for Garth Brooks before receiving the CD, but that soon changed. I bought every new box set and album when it came out. When I was about 11, a close family friend’s daughter needed a date to her school dance. I agreed to go in exchange for Garth Brooks tickets. It was one of the most awkward experiences of my life. She was at least two years older than me, I’d never been to a school dance, and I didn’t know any of her friends. But the tickets were well worth it, and I still get shivers thinking about that concert. Nostalgia is a powerful force. I now enjoy listening to songs I never liked when they were released, just because they’re from when I was a kid. It feels weird to know that my children will never buy a CD, wait in a long line on release day, or pull the booklet out of the sleeve to read the lyrics. Those precious memories mean nothing to them. I’m sure they’ll develop their own rituals, but it feels like something has been lost. Buying a CD was a gamble, forcing us to listen to
the same songs repeatedly. Today, you never hear a song a second time if you don’t want to — but some tracks I didn’t initially like later became favorites. There’s something to be said for giving music time to grow on you. My CD player is long gone. But maybe I’ll pick up a new one and bring the discs out of storage for my kids after all. You never know; they might find something they love.
-Michael J. Mills
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Many people see car accidents in black and white; to them, one person was at fault and caused the collision, while the other person was not to blame and could not prevent the accident. However, accidents often fall into shades of gray. It’s common for both parties to have played a part in creating the conditions that led to a slip- and-fall or car crash that led to injury. The legal principle of comparative negligence — comparing the percentages of the respective parties in causing an accident — is a very important aspect of the law that governs accident cases in New York. Applying a comparative fault analysis, the insurance company of one party can be compelled to pay the other party even if that other party was partially to blame for the accident. The law uses a percentage-based system to determine how much fault each party holds. While some accidents are 100% one party’s fault (e.g., a person looking at their cellphone drives into the rear of a car stopped at a red light), others can be 90/10, 80/20, 70/30, etc. (e.g., one car makes a left turn in front of another and they collide. Questions such as points of impact on the respective cars, positions in the roadway, speed of travel, etc., will all help determine comparative negligence.) In New York, any percentage of responsibility still entitles you to compensation. Even if you were 90% to blame, you could still sue the insurance company for 10% of your damages. That might not make a big difference on $20,000 worth of damages. But 10% of a $5,000,000 injury is a significant sum. Therefore, it’s crucial to call a personal injury attorney before accepting an insurance company’s offer. While an insurance representative might say you’re at fault and can offer you no more than a $3,000 settlement, they could be leaving out crucial facts. For example, an insurance company once told a client it had multiple witnesses against him. They offered him only a few thousand dollars as compensation. The client called family members who work in the insurance industry, and they urged him to take the settlement. Then he called us. We explained comparative fault and helped him win a recovery many times the original offer. HOW COMPARATIVE FAULT CAN IMPACT YOUR CAR ACCIDENT CASE Stop Before You Settle
Does it always seem like your kids get a burst of energy right before bedtime? After a jam-packed day, your child’s pent-up stress and energy will likely spike when it’s time to head to bed. The key is implementing a consistent bedtime routine to help them transition into sleep mode. Try therapeutic techniques to soothe your child for a full night of shuteye. SQUEEZE ’EM TIGHT (ADD PRESSURE). Just like you would swaddle a baby, you should wrap your kids up like tiny burritos! When you add pressure that squeezes them tight, your child’s tactile and proprioceptive senses are activated, which creates a sense of calm and relaxation. You can also do this with weighted blankets, tight cuddles, or by tucking them in nice and snug with pillows placed around them to add more pressure. GET THEM WARM AND COZY. Warmth is another element that can increase calm and signal bedtime! Put their blankets in the dryer so they’ll have them nice and warm when it’s time to lie down. Additionally, you can give them a warm drink with a straw, as the warmth not only relaxes them but the straw also encourages sucking motions, which are incredibly soothing for children. CREATE GENTLE MOVEMENTS. Repetitive and rhythmic movements like rocking back and forth generate vestibular input for the nervous system. This will help your children feel comfortable and ready to sleep! You can try these motions by rocking them on a yoga ball for a few minutes, reading a bedtime story in a rocking chair, or sitting with them in a porch swing or hammock right before bed. TURN THE SCREENS OFF. We already know that looking at screens harms our sleep, so why would that be any different for children? Decrease screen time as the day advances and completely turn off any screens at least two hours before bedtime. Not only do you want to cut these harsh lights, but you should also add comforting ones! Unwind in dim lighting as the day ends, and place lava lamps or a night light in your children’s rooms to help soothe them. Also, adding a white noise machine or playing calm music can do wonders! Combine these therapeutic methods to create the perfect bedtime routine that will have your energetic kiddos in bed without a hitch. Unlock the Secrets of a Calming Bedtime Routine
However, a personal injury attorney may be unable to help once you’ve signed an agreement with the insurance company. Call Friedman & Simon before accepting a settlement, especially in red-light, stop-sign, and side-swipe cases. Otherwise, you could leave significant cash on the table.
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TOOLS AND EQUIPMENT Whether you play an instrument, work as an electrician, or are an artist, you likely have some pretty expensive equipment and tools. Place an AirTag at the bottom of the bag or container you keep your tools in — try to hide it! You’ll have a plan B if they are ever missing or stolen! LUGGAGE Traveling is stressful enough — add keeping track of your luggage and it can become nerve-wracking! With an AirTag attached to your suitcase or travel bag, you can easily track its location and avoid the stress of misplaced luggage throughout your travels. BICYCLES Bikes are a common target for thieves, but these criminals are no match for an AirTag — as long as you discreetly hide it on your bicycle. If your bike goes missing, you can hopefully locate and recover it with the Find My app. CAR Have you ever parked your car in the parking lot of a busy shopping center or mall, gone shopping, and then forgotten where you parked? Sporting events, concerts, and airports can be incredibly crowded, and it can be tough to remember where you parked your car. With an AirTag tucked in your glove box, you can use the app to guide you directly to your vehicle. The versatility of AirTags is endless — if you can think of something you frequently lose, this incredible GPS tracking device can likely protect it! SUDOKU
Apple AirTags and other portable GPS tracking devices are functional accessories designed to help you keep track of and locate missing or lost items such as keys, backpacks, or wallets. They work by using Bluetooth technology to connect to the Apple Find My network. Then, if a connected device comes within Bluetooth range of the missing AirTag, the AirTag is discoverable. The beauty is that, unlike AirPods, AirTags can communicate with the millions of iPhones, iPads, and Mac devices running on at least iOS 14.5, iPadOS 14.5, or macOS Big Sur 11.1. However, locating missing keys and bags isn’t all AirTags can help with — check out these other creative uses for AirTags! PETS If you have pets that like to escape, AirTags to the rescue! Simply attach an AirTag to your pet’s collar, and if they go missing, you can quickly pull up their location on the Find My app. This offers peace of mind and safety for those little runaways! From Pets to Bikes: DISCOVER THE SURPRISING WAYS TO UTILIZE APPLE AIRTAGS
The Best Chocolate Chip Cookies
These ultra-soft and chewy chocolate chip cookies will melt in your mouth!
Ingredients
• 2 1/4 cups all-purpose flour • 1 tsp baking soda • 1 tsp salt • 1 cup (2 sticks) butter, softened • 3/4 cup granulated sugar
• 3/4 cup packed brown sugar • 1 tsp vanilla extract • 2 large eggs • 2 cups (12-oz package) semi‑sweet chocolate chips
Directions
1. Preheat oven to 375 F. 2. In a small bowl, combine flour, baking soda, and salt. 3. In a large bowl, beat butter, granulated sugar, brown sugar, and vanilla extract until creamy. 4. To creamed mixture, add eggs one at a time, beating until blended. 5. Gradually beat in flour mixture. 6. Stir in chocolate chips. 7. Arrange dough in rounded teaspoonfuls on ungreased baking sheets. 8. Bake 8–10 minutes or until golden brown. Cool on baking sheets for 2 minutes; move to wire racks to cool completely.
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516-800-8000 FriedmanSimon.com
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INSIDE THIS ISSUE 1 2
Michael Remembers the Charm of CDs Tips to Soothe Your Energetic Kids Before Bedtime The Secret to Maximizing Your Car Accident Compensation Never Lose Anything Again With AirTags The Best Chocolate Chip Cookies Halloween’s Haunting History
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LET’S UNMASK HALLOWEEN: THE ORIGINS AND LEGENDS BEHIND YOUR FAVORITE TRADITIONS
Here come the scary decorations, pumpkin carving, trick-or- treating, and spooky costumes because Halloween is just around the corner! These traditions are what make Halloween fun and exciting year after year. However, did you know that jack-o’- lanterns come from an Irish legend or that trick-or-treating comes from a historical ritual called “souling”?
pay, he convinced the devil to turn into a coin so he could buy their drinks. However, instead of paying, he placed the “coin” next to a cross in his pocket that prevented the devil from returning to his original form. Once he freed the devil, Stingy Jack continued to trick him. When he died, God turned away Stingy Jack with only coal to light his way, so he placed the coal in a carved-out turnip to create a lantern. From there, people slowly transformed his “lantern” into the modern-day jack-o’-lantern! CANDY CORN WAS ONCE CALLED CHICKEN FEED. Candy corn, which the Wunderlee Candy Company began producing in the late 1880s, is an extremely popular Halloween candy. In fact, today, about 35 million pounds of the candy are sold each year! When the Goelitz Candy Company brought it to the masses at the turn of the century, they called the sweet tricolored candy “Chicken Feed” because so many people worked on farms at the time. Their early ads exclaimed, “Something worth crowing for!”
As we prepare for Oct. 31 activities, here are some fun facts you might not know about Halloween!
HALLOWEEN IS BASED ON A CELTIC FESTIVAL. Samhain, a pagan festival held from Oct. 31 to Nov. 1, celebrated both the harvest and the “dark” second half of the year. During this celebration, it was believed the barrier separating the spirits from the physical world would come down, allowing demons to enter and the spirits of all who passed away that year to move on to the next life. ‘STINGY JACK’ HELPED EVOLVE JACK-O’-LANTERNS. The Irish myth of a man named “Stingy Jack” goes like this: Stingy Jack invited the devil for a drink, and because he didn’t want to
Now you know! Happy Halloween!
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