Howard D. Geneslaw

Howard D. Geneslaw concentrates his practice in development, redevelopment, zoning, land use planning and related permitting issues in New Jersey, New York and Connecticut. The components of his practice include:

  • Applications for development, typically representing applicants and objectors in applications to planning and zoning boards and commissions, as well as to other municipal, county and state agencies, in connection with restaurant, retail, hospital, residential, industrial and warehouse projects and involving a wide range of issues such as zone changes, wetlands, highway access, sewer/water connection, State Environmental Quality Review Act (SEQRA), and other permitting and municipal law issues;
  • Redevelopment, including assisting clients in securing or opposing redevelopment designations, drafting redevelopment plans, negotiating redevelopment agreements and payment in lieu of taxes (PILOT) agreements, and representing clients in connection with designations as redeveloper;
  • Litigation arising from applications for development, zoning disputes, redevelopment matters and commercial lease disputes, as well as enforcement proceedings concerning code violations, including all aspects of litigation from drafting pleadings and developing case strategy, to conducting discovery and presenting oral argument at motion hearings and at trial;
  • Due diligence investigations, typically for a purchaser or lender, concerning the permitting and approvals status of property to be acquired or financed, for single and multiple-site property acquisitions involving warehouse, shopping center, supermarket, office, hotel and electricity generation facilities to determine the validity and effect of development approvals, as well as the feasibility of future expansion.
Mr. Geneslaw serves on the Board of Directors of the Land Use Section of the New Jersey State Bar Association, has mediated various disputes as a court-appointed mediator and, prior to becoming an attorney, was a planning consultant to municipal planning boards. He is a licensed Professional Planner in New Jersey and a member of the American Institute of Certified Planners (AICP).

Finally, Mr. Geneslaw also practices in the area of liquor licensing and alcoholic beverage control, representing current or prospective licensees in obtaining liquor licenses or permits for on-premises or off-premises consumption. Alcoholic beverage licensing is subject to a comprehensive regulatory scheme in most jurisdictions which requires extensive reporting and disclosure. Mr. Geneslaw represents buyers and sellers of licenses and permits, as well as licensees subject to enforcement proceedings; provides counseling concerning alcoholic beverage matters, such as BYOB, background checks, and purchase/sale agreements, as well as compliance and reporting issues; assists with renewals and changes in corporate structure; represents clients in objections to license issuance or transfer, and subsequent appeal proceedings; and represents clients seeking changes to the alcoholic beverage laws at the state or local level.

Education
Columbia Law School (J.D., 1994)
Winner of the James A. Coon Memorial Writing Competition,
Municipal Law Section, New York State Bar Association

Washington University (B.A., cum laude, 1989)

Rutgers University (M.C.R.P., 1995)

Professional Admissions
Commonwealth of Pennsylvania 2004

State of Connecticut 1996

State of New York 1995

State of New Jersey 1994

United States District Court for the District of Connecticut 2004

United States District Court for the District of New Jersey 1994

United States District Court for the Southern District of New York 2010

United States Supreme Court 2005

Licensed Professional Planner, New Jersey 1996

American Institute of Certified Planners (AICP) 1996

U.S. Court of Appeals for the Second Circuit

Professional Activities
Director, Land Use Section, New Jersey State Bar Association, 2009-2014; Secretary, Land Use Section, New Jersey State Bar Association, 2014-2015

Investigator, Supreme Court of New Jersey District Ethics Committee for Essex County V-B, 2008-2011

Member, American Bar Association

Member, New Jersey State Bar Association
Director, Land Use Section, 2009-2012

Member, New York State Bar Association

Member, Connecticut Bar Association

Member, American Planning Association

Member, New Jersey Planning Officials

Member, Rockland Municipal Planning Federation

Member, New York Planning Federation

Member, International Council of Shopping Centers

Publications
"'Operation Swill': New Jersey ABC and Division of Criminal Justice Raid 29 Bars and Restaurants That Allegedly Served Cheap Alcohol as 'Premium' Brands," RPE Law Alert, May 24, 2013 (Brett S. Theisen, Mark Conlan, Howard D. Geneslaw)

"Why Zoning Changes Matter," COMMERCE, January, 2013

"Rebuilding New Jersey After Sandy - Legislation Would Require Standby Generators for a Variety of Businesses and Facilities," RPE Law Alert, December 17, 2012

"Nonconforming Use Determination Places Connecticut Liquor Permit at Risk," RPE Law Alert, June 4, 2012

"New York Appellate Division Strikes Conditions of Approval Unrelated to Site Plan Which Arose from Applicant's Past Conduct," RPE Law Alert, May 31, 2012

"Orange County Clerk's Office Closes, Preventing Property Searches and Threatening to Delay Real Estate Closings," RPE Law Alert, September 12, 2011

"ICSC Philadelphia Dealmaking is Upcoming - New Date Scheduled," Real Property & Environmental Law Alert, September 7, 2011

"The Role of Precedent in Granting Bulk Variances," MidAtlantic Real Estate Journal, July 15, 2011

"One Month After RECON -- The Outlook for the Second Half of 2011," RPE Law Alert, July 1, 2011

"New Jersey's Time of Application Law Takes Effect Today to Lock in Zoning," RPE Law Alert, May 5, 2011

"Deadline to File Real Estate Tax Appeals in New Jersey is Rapidly Approaching," RPE Law Alert, February 28, 2011

"Gibbons Exhibits at New York ICSC Show Amid Upbeat Mood," Real Property & Environmental Law Alert, December 17, 2010

"Gibbons to Exhibit at ICSC New York National Conference & Deal Making," Real Property & Environmental Law Alert, December 3, 2010

"New York Subdivision Law Amended to Allow Planning Boards Greater Flexibility in Granting Extensions," RPE Law Alert, November 5, 2010 (Howard D. Geneslaw, Jennifer M. Porter)

"Will the New Jersey Supreme Court Respect "Repose" for the Diligent Developer?," RPE Law Alert, November 4, 2010 (Nancy A. Lottinville, Howard D. Geneslaw)

"Time is Running Out to Renew Expired New Jersey Liquor Licenses," RPE Law Alert, October 18, 2010

"Here Comes the Sun: New Jersey Exempts Solar Panels from Impervious Coverage Limits," RPE Law Alert, August 6, 2010

"Development Regulations in New Jersey to be Locked in Upon Filing of Application: Time of Decision Rule Abolished," RPE Law Alert, June 29, 2010

"Bill on Affordable Housing Approved by NJ Senate, Heads to Assembly," RPE Law Alert, June 28, 2010 (Howard D. Geneslaw, Susanne Peticolas)

"200 Feet is Not Enough," New Jersey Law Journal, October 19, 2009

"Paying for Open Space," New Jersey Law Journal, January 26, 2009 (Howard D. Geneslaw, Jennifer P. Smith)

"When an Ordinance Amendment Threatens Project," MidAtlantic Real Estate Journal, November 21-December 18, 2008 (Howard D. Geneslaw, Jennifer P. Smith)

"Owner’s Lack of Right to Appeal Land Use Application Denials," New York Real Estate Journal, November 18, 2008

"Navigating the Affordable Housing Fee," Real Estate New Jersey, November 2008 (Howard D. Geneslaw, Jennifer P. Smith)

"New Jersey Appellate Court Rules on 'Use Variances'," MidAtlantic Real Estate Journal, October 17 - November 20, 2008 (Howard D. Geneslaw, Jason R. Tuvel)

"Eminent Domain Update," Real Estate New Jersey, June 2008 (Howard D. Geneslaw, Jason R. Tuvel)

"Critical Info SEQRA Negative Declarations Should Contain," New York Real Estate Journal, April 29, 2008 (Howard D. Geneslaw, Jennifer M. Porter)

"Appellate Court Broadens Property Owners' Right to Challenge Redevelopment Designations in New Jersey," In-Sites, March 19, 2008 (Howard D. Geneslaw, Jason R. Tuvel)

"Defining, Regulating and Understanding Accessory Uses," New York Real Estate Journal, February 19, 2008 and MidAtlantic Real Estate Journal, February 22, 2008 (Howard D. Geneslaw, Jennifer M. Porter)

"Appellate Division Ruling Addresses Two Significant Issues," New York Real Estate Journal, December 25, 2007 (Howard D. Geneslaw, Michael Miceli)

"Protecting nonconforming uses from abandonment, etc.," New York Real Estate Journal, November 20-26, 2007

"The New Rules of Redevelopment," New Jersey Law Journal, October 19, 2007 (Howard D. Geneslaw, Shepard A. Federgreen)

"Filing of a Land Use Decision with the Municipal Clerk's Office Beyond the 5-day Timeframe is a Loss for the Applicant and a Win for a Potential Challenger," New York Real Estate Journal, October 16, 2007 (Howard D. Geneslaw, Jennifer M. Porter)

"Timing is Not the Only Issue of Concern for Challenges to the Issuances of a Certificate of Occupancy," New York Real Estate Journal, September 18, 2007 (Howard D. Geneslaw, Jennifer M. Porter)

"Notice Not Required Prior to Issuing Ordinance Violation," NJPA Real Estate Journal, August 24 - September 13, 2007

"Can a Municipality Restrict a Business' Hours of Operation in New York State?, Part III," New York Real Estate Journal, August 21, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"Can a Municipality Restrict a Business' Hours of Operation in New York State?, Part II," New York Real Estate Journal, July 17, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"Real Estate Contracts: Land Use Clauses," Northeast Real Estate Business, July 2007 (Shepard A. Federgreen, Howard D. Geneslaw, Jason R. Tuvel)

"New Jersey Awards Rare Default Approval," NJPA Real Estate Journal, June 22 - July 12, 2007

"Can a Municipality Restrict a Business' Hours of Operation in New York State?, Part I," New York Real Estate Journal, June 19 - 25, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"New Jersey Supreme Court Holds Redevelopment Designation Cannot Be Based Solely On Not Fully Productive Use of Property ," In-Sites Special, June 18, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"Is a 'Redevelopment' Designation Forever?," New Jersey Lawyer, June 12, 2007 (Howard D. Geneslaw, Jason R. Tuvel)

"The Pitfalls of Incorporating Compliance with Consultant Comments as a Condition of Approval," New York Real Estate Journal, May 15, 2007 and NJPA Real Estate Journal, May 25 - June 7, 2007 (Howard D. Geneslaw, Jennifer M. Porter)

"Fast-tracking Owner Consent To Land Use Applications," In-Sites, April 18, 2007

"New Law Taxes Parking Fees," In-Sites, April 18, 2007 and NJPA Real Estate Journal, April 27-May 10, 2007

"New Law Requires Notice of Hearing to Adjacent Municipality," New York Real Estate Journal, April 17 - 23, 2007 and In-Sites , April 18, 2007

"Beware of Permitting Requirements Upon a Change in Occupancy," NJPA Real Estate Journal, December 22, 2006

"NJ Court Decision Narrows "Particular Suitability" as Ground to Support Use Variance," NJPA Real Estate Journal, November 24, 2006

"Court of Appeals Tackles Appeal Periods and Protests Involving Zone Changes," New York Real Estate Journal, November 21, 2006

"Dealing with Kelo: New Jersey Legislature Considers Redevelopment Reforms," NJPA Real Estate Journal, October 27, 2006 (Howard D. Geneslaw, Susanne Peticolas)

"2006 Amendments to The Freedom of Information Law," New York Real Estate Journal, September 19, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"Easements and Zoning Compliance," Northeast Real Estate Business, September 2006 (Howard D. Geneslaw, Michael Miceli)

"Board's Consultants Need Not Always Be Under Oath," NJPA Real Estate Journal, August 25, 2006

"What Every Retail Property Owner and Tenant Should Know About Zoning Violations in New York (Part 4)," New York Real Estate Journal, August 15, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"Redevelopment: Exception Allowing the Record to be Supplemented in an Action in Lieu of Prerogative Writ," NJPA Real Estate Journal, July 28, 2006 (Howard D. Geneslaw, Jason R. Tuvel, Nancy A. Lottinville)

"What Every Retail Property Owner and Tenant Should Know About Zoning Violations in New York (Part 3)," New York Real Estate Journal, July 18, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"NJ Court Suspends Zoning and Orders Remedies Aimed at Creating Opportunity," NJ/PA Real Estate Journal, June 23 , 2006 (Howard D. Geneslaw, Jason R. Tuvel, Michael V. Elward)

"What Every Retail Property Owner and Tenant Should Know About Zoning Violations in New York (Part 2)," New York Real Estate Journal, June 20, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"What Every Retail Property Owner and Tenant Should Know About Zoning Violations in New York (Part 1)," New York Real Estate Journal, May 23, 2006 (Howard D. Geneslaw, Jennifer M. Porter)

"Deviations from Sign Limitations: Dimensional Variance or Use Variance," NJ/PA Real Estate Journal, April 28, 2006

"Deviations from Sign Limitations: Dimensional Variance or Use Variance," New York Real Estate Journal, April 18, 2006

"Religious Land and Institutionalized Persons Act -- A Substantial Burden?," New Jersey Lawyer, April 3, 2006 (Howard D. Geneslaw, Michael Miceli)

"Tenants Also Have Power of Consent," The National Law Journal, In Focus, Real Estate, March 27, 2006 (Howard D. Geneslaw, Jason R. Tuvel)

"Post Kelo Cases Suggest Heightened Judicial Scrutiny of Procedural Due Process Aspects of Municipal Redevelopment Plans," NJPA Real Estate Journal, February 24, 2006

"Zoning Variance vs. Zoning Amendment: How to Decide," NJPA Real Estate Journal, January 13, 2006

"Court Reprimands Council Members for Not Paying Attention at Zoning Hearings," New York Real Estate Journal, February 15, 2005

"Zoning Due Diligence in New Jersey," New York Law Journal, November 29, 2004

"Know What Your Client is Buying," New Jersey Law Journal, September 27, 2004

"Negative County Recommendations Can Result in Denial of Project, Despite Local Majority Approval," New York Real Estate Journal, August 24, 2004

"After D.L. Holdings - Plan Approvals May Expire When Local Zoning Changes," New Jersey Lawyer, September 22, 2003

"New Jersey Supreme Court Reaffirms Availability of Builder's Remedy," The Real Estate Finance Journal, July 1, 2003 (Howard D. Geneslaw, Paul M. Hauge)

"New Law Sets 3-Year Limit on Construction Permits; Allows Revocation of Permits for, and Demolition of, Unfinished Projects," In-Sites, February 5, 2002 (Howard D. Geneslaw, Gregory R. Alvarez)

"The Validity of Special Use Permit and Site Plan Conditions of Approval," Environmental Law in New York, January 1, 1996

"Coordinating Subdivision Review With New York's State Environmental Quality Review Act (SEQRA)," 19 Columbia Journal of Environmental Law 101 , January 1, 1994

"Cleanup of National Priority List Sites, Functional Equivalence, and the NEPA Environmental Impact Statement," 10 Journal of Land Use & Environmental Law 127, January 1, 1994

"Planning Board Authority to Adjourn Public Hearings," Municipal Lawyer , January 1, 1994

Archived Articles Written by Howard D. Geneslaw

Quotes/Interviews
Quoted in "Court's Redefinition of 'Blight' Helps Owners Win Eminent Domain Cases," New Jersey Law Journal, August 6, 2007

Quoted in "Meet the Real Estate Lawyers," Real Estate New Jersey, April 2007

Quoted in "Eminent Domain: Eminently Powerful," New Jersey Business, January 2007

Speaking Engagements
Speaker, American Planning Association, "Particular Suitability," New Brunswick, NJ. January 23, 2014

Moderator/Speaker, New Jersey State Bar Association and New Jersey Institute for Continuing Legal Education, "Land Use Litigation, " New Brunswick, NJ. June 19, 2013

Speaker, New Jersey Institute for Continuing Legal Education, "Name: 2013 Land Use Update," West Orange, NJ. February 20, 2013

Speaker, American Planning Association - New Jersey Chapter, "The Use Variance: Whether, When and How?," New Brunswick, NJ. January 31, 2013

Speaker, New Jersey Institute for Continuing Legal Education , "Land Use Basics - Redevelopment, " West Orange, NJ. June 13, 2012

Speaker, New Jersey Institute of Continuing Legal Education, "2011 Land Use Update," West Orange, NJ, February 16, 2011

Speaker, New Jersey Chapter of the American Planning Association and the Edward J. Bloustein School of Planning and Public Policy at Rutgers, the State University of New Jersey, "2009 New Jersey Planning Conference," November 5 - 6, 2009 and "2010 New Jersey Planning Conference," November 4-5, 2010, New Brunswick, NJ

Speaker, Lorman Educational Services, "Zoning, Subdivision and Land Development Law," Plainview, NY, July 22, 2008

Speaker, Lorman Education Services, "Zoning, Subdivision and Land Development Law," Melville, NY, July 20, 2007

Speaker, Lorman Education Services, "Advanced Zoning and Land Use in New Jersey," December 2004 and December 2005

Speaker, Lorman Education Services, "Zoning and Land Use in New Jersey," Parsippany, NJ, May 12, 2004

Speaker, Lorman Education Services, "Zoning and Land Use in New Jersey," Parsippany, NJ, May 14, 2003

Speaker, "Review of Development Permits and Approvals: Applicable Laws & Regulations," Topic: Land Use and Zoning, Short Courses and Continuing Professional Education, Cook College, Rutgers University, New Brunswick, NJ, February 23, 2000; February 21, 2001; February 13, 2002

Panelist, "Main Street Strategy Session: Advantages of Redevelopment Plans as a Mechanism to Achieve Municipal Goals and Attract Private Capital," West Orange, NJ, July 31, 1998

Honors/Awards*
Listed in Super Lawyers, Land Use/Zoning, 2014

AV® Peer Review Rated by Martindale-Hubbell

News
Gibbons Director Installed as Secretary of the Land Use Section of the New Jersey State Bar Association

Gibbons Advises NAIOP Award Winners on “Office/Mixed Use Deal of The Year” and “Industrial Deal of The Year”

Representative Matters

Applications for Development

Represented a property owner in securing approvals for a change of use of an existing office building to medical office use

Represented a house of worship in securing approval for a facility renovation and expansion, and defended the appeal of the approval in the trial court and subsequently in an appellate court

Represented a regional supermarket chain in applications for zoning and development approvals at multiple locations in New Jersey and New York

Represented a chain of food stores, with fuel stores and car washes, in applications for zoning and development approvals at multiple locations in the Lower Hudson Valley of New York

Represented several national restaurant chains in applications for zoning and development approvals at numerous locations in New Jersey, New York and Connecticut

Represented developer in application for zoning and development approvals for national pharmacy

Represented hospital in obtaining zoning and development approvals for cardiac catheterization facility and parking facilities

Represented national lawn care company in applications for approval of regional warehouse facilities

Redevelopment

For a municipality, negotiated redevelopment agreements for the following redevelopment projects:

  • Public-private development involving a public park, amphitheater, restaurant, and a 21,000 square foot office building
  • Private project involving 134 residential units and 25,500 square feet of commercial space
  • Private project involving 34,500 square feet of retail space
  • Private project involving 5 million square feet of warehouse space 

For private developers, provided counseling and representation in connection with the following projects:

  • Represented property owner in securing significant amendments to redevelopment plan, becoming designated as redeveloper, negotiating comprehensive redevelopment agreement, and securing development approvals for a project on a 100+ acre site
  • Represented redeveloper in negotiating redevelopment agreement, amending redevelopment plan and securing development approvals for a planned retail, commercial and residential center consisting of 8 million square feet
  • Represented national restaurant chain in securing development approvals for construction of new restaurant in a redevelopment area
  • Represented a developer of affordable housing in connection with rehabilitation for affordable housing units of a historic building in an urban center
  • Represented consortium of universities in connection with redevelopment in an urban area for science-related uses
  • Represented major office developer in connection with the development of a nearly 1 million square foot office complex within a redevelopment area and which was sponsored by a bi-state agency
  • Represented a designated redeveloper in negotiating redevelopment agreement and in securing all development approvals for construction of a 43,000 square foot downtown retail center and 475-space parking garage
  • Represented a subdeveloper in connection with zoning and other development issues relating to construction of a 300-unit luxury rental apartment building in the New Jersey Meadowlands
  • Represented master developer in negotiating redevelopment agreements with subdevelopers for retail waterfront redevelopment project
  • Represented manufacturer as designated redeveloper in negotiating redevelopment agreement and securing development approvals for new corporate headquarters building 

For objectors, represented a national restaurant chain in objecting to a proposed "area in need of redevelopment" designation

Litigation

Represented a property owner in challenging an "area in need of rehabilitation" designation by a municipality in New Jersey

Represented a municipality in New York in an appeal of a zoning amendment by a neighboring municipality in New Jersey

Represented the owner of a retail property in New Jersey in appealing a zone change which would have allowed a substantial retail project nearby

Represented successful applicant to Planning Board in an appeal to rescind certain conditions of approval

Represented property owner in an Article 78 proceeding concerning a zoning amendment, which was enacted after the client's subdivision had been pending for several years, that would have substantially reduced the number of lots the client could develop

Represented property owner in an Article 78 proceeding challenging Planning Board's refusal to endorse site plan following the grant of site plan approval following prior litigation and settlement

Represented retail and restaurant tenants in trial and appellate court and in arbitration proceedings concerning lease disputes involving signage, consent rights, and use covenants

Represented country club in successfully defending an appeal of development approvals by objectors

Represented a national restaurant chain in appealing the denial of a use variance, and in the appeal of development approvals by a business competitor

Represented niche retailer in obtaining reversal of site plan denial

Represented national restaurant franchisee in obtaining reversal of approval granted to a business competitor

Represented shareholder in dispute with homeowner's association concerning development that would result in loss of view 

Due Diligence Investigations

Represented a national REIT in performing zoning due diligence preceding the acquisition of a portfolio consisting of several million square feet of office space in two municipalities in central New Jersey

Represented an affiliate of a major insurance company in performing zoning due diligence preceding the acquisition of an ownership interest in a regional shopping mall in northern New Jersey, one of the largest in the United States

Represented regional supermarket chain in performing zoning and permitting due diligence investigations in New Jersey and New York precedent to the acquisition of multiple existing supermarkets from another operator

Represented an international energy conglomerate in performing zoning due diligence relating to the acquisition of multiple electric generating facilities and substations in a dozen municipalities

Represented a major trucking company in performing zoning due diligence precedent to the acquisition of a warehouse in Queens, New York

Represented a major international logistics company in performing due diligence precedent to the acquisition of a distribution center in western New Jersey

Represented a major hotel chain in performing due diligence precedent to acquisition of an ownership interest in an existing hotel in northern New Jersey

Represented a regional property management company in performing due diligence precedent to acquisition of a theater and strip center in northern New Jersey

Liquor Licensing and Alcoholic Beverage Control

Performed due diligence for a client in the acquisition by assignment of leases of several supermarkets in New York which currently hold beer and wine product licenses, and assisted the client in obtaining its own licenses for use in those stores

Represented a prospective licensee in securing amendment of a local ordinance prohibiting the issuance of any plenary retail distribution licenses in a New Jersey municipality, which was contested by the local holders of plenary retail consumption licenses, so as to allow the issuance at auction of two distribution licenses

Advised a client in New York concerning local hours of operation limitations and their enforceability on a licensed establishment

Represented a client in Connecticut in obtaining a restaurant permit for operation of a café within a retail store which will serve wine and beer

Represented a client in challenging the person-to-person and place-to-place transfer of a plenary retail consumption license to a neighboring business, which began in the Superior Court of New Jersey and is now pending in the Office of Administrative Law and involves a number of alleged notice and other procedural defects

Represented a retail client in drafting state legislation to permit supermarkets in New Jersey to purchase additional plenary retail consumption licenses




*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.

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Howard D. Geneslaw Attorney at Law
Howard D. Geneslaw
Director
Real Property & Environmental

Practice Areas
Liquor Licensing & Alcoholic Beverage Control
Real Estate Development
Real Property & Environmental
Transactional Real Estate

Contact Information
One Gateway Center
Newark, NJ 07102-5310

One Pennsylvania Plaza,
37th Floor
New York, NY 10119-3701

Direct: 973-596-4647
212-613-2186
Fax:      973-639-6256
212-554-9684
hgeneslaw @gibbonslaw.com
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