Mark J. Fonte, Esq.

Attention All Sanitation Workers and Retirees
CLASS ACTION/MASS TORT LAWSUIT

Sanitation Garages 3 In Staten Island has been shut down due to Asbestos Exposure.

The Fonte & Gelormino Legal Group along with our colleagues at the Law Firm of Kuharski, Levitz & Giovinazzo are announcing the formation of a Class Action/MASS TORT Lawsuit for all Sanitation Workers and Family members that have been potentially exposed to Asbestos at Garage 3 in Staten Island.

Current DSNY employees, family members, and retirees who might have been affected by the Asbestos Exposure are invited to attend a meeting Wednesday Night May 24 where we will inform you what you can expect when you join a class action/mass tort lawsuit, answer any questions that you may have and how to sign up.

Meeting

Place: Max’s Esca 1559 Richmond Road
Date: Wednesday May 24
Time: 7pm
Light Food and Drinks will be Served.

For More Information, please call Lou Gelormino at Fonte & Gelormino Legal Group at 917-968-1619

We are a respected law firm for over 35 years in NYC! Call (718) 720-4949 for your free consultation.
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Happy Easter!!

KNOW YOUR RIGHTS • Did you know that prosecutors must present exculpatory evidence during a grand jury proceeding? 📣⚖️ The fact of the matter is that in some cases that does not happen. While case law in United States v. Williams does NOT allow for indictment dismissals when the prosecution fails to provide substantial exculpatory evidence, there can be grounds for appeal due to lack of due process. Moreover, in NY State, there is an ability for a dismissal of an indictment: Section 210.20 of NYS Law allows for a motion to dismiss an indictment must be made in writing and upon reasonable notice to the people. In cases when the motion is based upon facts or the existence thereof, the motion papers MUST contain the sworn allegations whether it would be by the defendant or others.
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LEGAL TRIVIA ❓ Can I record a phone call in New York State? Comment below to provide your answer. ⬇️⬇️⬇️
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CIVIL MATTERS: When in an accident, it is important to actually speak with police for they can be a big help in your case pertinent to the report.
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BIG QUESTION: Do you want to keep TikTok or ban it OR do you believe it should be more regulated?
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⚡️🚨 NEWSFLASH 🚨⚡️
We all know how irritating those speed cameras are! They have been increasingly ubiquitous to say the least! Let’s hope this does not happen but if you get a speeding summons because of the entrapment created, fight it in court. Request it within 30 days. In some cases, you can have a strong testimony which can render favorable results. For example, if you’re driving safely even though you would be slightly above the speed limit and you can prove that, there would be an increased probability for dismissal grounds.
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Wishing you a Happy St. Patricks Day!!

We would like to wish our very own Secretary and Office Manager - Nicole Bloome a very Happy Birthday! Enjoy this amazing day. 🎂🎁🎉
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🐾 Some states allow a one-bite rule in dog bite cases BUT if someone is the victim of a dog bite due to the negligence of the owner regardless of the state, it is grounds for a personal injury case. Dog bites can be permanent and in some cases, life altering. Be sure to implement preventive measures for dog bites.
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Does New York have self-defense laws similar to a Stand-Your-Ground law? Not exactly BUT New York has a castle doctrine. Let’s provide different scenarios:

A. If someone is trespassing on your property, you do NOT have the right to use lethal force unless the duty to retreat aspect has been applied.

B. If someone is in your home and there is an intent to burglarize your home, the “Castle Doctrine” is applied and you can use lethal force. At the same time, if someone comes in the house by mistake, there is no legal right to use lethal force.

C. If someone is actively burglarizing your business, you can use lethal force in a situation of that nature.

To conclude, the usage oflethal force should be a last resort. Make sure you have certain preventives implemented so lethal force does not have to be applied. These preventives are as follows:

•Home or Business Security System
•Be sure to make all valuables are in a secure location
•Adopt a pet especially a dog who can potentially alert you or in some cases, fend off the perpetrator
•Make sure all doors and windows are closed and securely locked
•Implement a security surveillance system
•Stay Alert by engaging your local police department and other community organizations
•Listen to local media
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Riders BEWARE ⚠️
The Ridesharing Question 🚘:

Many ask me:
“What will happen if I get injured while going from Point A to Point B?”

The Answer:
You will receive a text notification asking for your insurance and if you do not respond, it will claim to assume you are not hurt. That’s how they try to dupe you! Here’s the truth: Make sure you document your injuries and then call my office immediately at (718) 720-4949.
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Wishing my son, Nick, a Happy National Son’s Day! I am so proud of you each and every day. You are an exceptional young man who is valiant and brilliant.
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⚕️Medical Malpractice Case Types:

1) Misdiagnosis or Delayed Diagnosis 🩻

2) Failure to Treat 💉

3) Prescription Drug Errors 💊

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We are now in St. Patrick’s Season. Here are some tips to follow if you are going to enjoy the amazing festivities:

1. Call a Cab or a Ride Share Service 🚕

2. Assign a Sober Driver 🚘

3. Know your Limit 🍻

You do not want to be on the receiving end of a DUI or be the cause of someone’s injury. Be responsible.
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It is a constitutionally protected right to receive a trial by an impartial jury.

Voir Dire is applied which is the pretrial examination of a juror by a judge or counsel. To maximize the possibility of an impartial jury, questions that might be asked are as follows:

•Depending on the case type, one will be asked about an experience that could have happened directly or a primary source witness: For instance, in an auto accident case, an attorney can ask if the potential juror if he or she has ever been directly involved in an accident or was witness to an accident.

•Bias Opinion: This covers a broad subject matter but someone can be asked about their positions on certain issues. This is especially prevalent in criminal cases: For instance, a juror might be asked if he or she believes in mandatory minimum sentencing.

There are several other questions that can be asked because every jury selection is conducted on a case-by-case basis.
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The NY Statute of Limitations to file is 3 years for personal injury cases. HOWEVER, you do not want to wait that long especially in workplace accidents. So, here are some tips that you should follow:

1) Seek Medical Attention Immediately
2) Evaluate and document your injuries

The more you wait - the case will be significantly weakened.

🌐 MarkJFonteEsq.com
☎️ (718) 720-4949

“You have the right to remain silent….” We all know those words, but why are those words so important? Since the case of Miranda v. Arizona, arrests that are made require one to be “Mirandized” or read his or her constitutional rights. If one is not Mirandized, then the defense can ask to have those statements made during interrogation and the arrest to be deemed inadmissible in the court.

🌐 MarkJFonteEsq.com
☎️ (718) 720-4949

In an auto accident personal injury cases, do not admit fault at the scene. This can be used against you. 🚘💥💼

Burn Injuries are unequivocally painful and can be life-altering. A burn is defined as a traumatic injury which is caused by heat, electrocution, chemicals, radiation or friction. Burn Injury cases can result in loss of wages due to time that one was unable to work, fees for treatments and care as well as travel expenditures. Call (718) 720-4949 for more information.

Happy Valentine’s Day with Love and Kindness! ⚖️❤️

Voting With a Criminal Record:

In New York, if you have a criminal record, you are permitted to vote if you were convicted of a misdemeanor, are on parole, are on probation, had your prison sentence suspended or were not sentenced to prison, served your maximum prison sentence, or were pardoned. However, you are not permitted to vote if you are currently incarcerated for a felony conviction.

Understanding Breach of Duty in Medical Malpractice Cases:

Before filing a malpractice lawsuit, it is important to take some time to
understand the legal concept of negligence. A doctor cannot be sued simply because a procedure or practice did not work as expected or as anticipated. Medical liability lawsuits only work when a doctor fails to fulfill his or her duty of care. Physicians act under expectations of appropriate and reasonable behavior. What is appropriate and inappropriate is often determined by other healthcare professionals. A breach of duty requires a physician to make a mistake that is considered unjustified by others in the medical community. Doctors may violate their duties by not warning a patient when performing an untested or unsafe practice, or acting negligently and recklessly, such as working while intoxicated. If you wish to file a medical malpractice lawsuit, we can help identify a breach of duty to ensure you receive the compensation you deserve.

Your Rights to Language Access:

If you are unable to speak, write, read, or understand English well, you may be “limited English proficient”, or LEP. If you are involved in a criminal case and are LEP, you have the authority to receive assistance in your language in order to receive the service and help you are entitled. Every public New York State agency is obligated to provide free interpretation services, and every federal agency and organization funded by the U.S. government must assist you in receiving assistance in your language.