Appeals
Eric E. Rothstein has extensive experience in civil and criminal appeals. Below is information about just some of the cases:
Dismissal of Defamation Case Affirmed
Kerns v Ishida (2022-02232).pdf (nycourts.gov) The appellate court upheld the pre-Answer dismissal of a defamation case based on the anti-slapp laws where the plaintiff sought damages based on internet reviews the clients posted about her.
Criminal Conviction Reversed
People v. Loiseau, 140 A.D.3d 1190 | Casetext Search + Citator The appellate court reversed the client’s conviction of sexual abuse in the first degree and endangering the welfare of a child holding that the Assistant District Attorney violated the client’s attorney-client privilege during cross-examination. http://www.nycourts.gov/reporter/3dseries/2016/2016_05172.htm
Real Estate Decision Affirmed
Roth v. R & P Restaurant Corp., 68 A.D.3d 961 (2d Dept. 2009) Appellate Division affirms lower court determination that the term “shareholders” used in two contracts of sale were ambiguous thereby permitting the client’s lawsuit, for specific performance to enforce a right of refusal to purchase the other corporation, to proceed. The attorney of record retained Rothstein Law to handle the appeal. Read the decision.
Criminal Conviction Reversed
People v. Titus McBride, 66 A.D.3d 415 (1st Dept. 2009) The appellate court reversed the client’s conviction of criminal possession of stolen property in the fourth degree holding that the Assistant District Attorney’s improper legal instructions in the grand jury impaired the integrity of the proceeding. Read the decision.
Bankruptcy Court’s Decision To Permit Trial In State Court Affirmed
Wallace v. Guretzky., CV-09-0071 (SJF) (Eastern District of New York) The client sued the filed defendant in State court for false arrest. Just prior to trial, the defendant filed for bankruptcy protection and asked that the case be tried in Bankruptcy Court. The Judge decided to abstain from trying the case in bankruptcy court and lifted the automatic stay so the case could proceed in State court. Defendant appealed the ruling to the District Court, which affirmed the ruling.
Case Reinstated Despite Failure To Attend Physical Examination
Anderson v. RC Dolner, Inc., 43 A.D.3d 837 (2d Dept. 2007) The trial court dismissed an injured workers case because he failed to attend a court ordered physical with the defendant’s physician. The Appellate Division held that the lower court went too far and reinstated the case. Read the decision.
Negligent Supervision Case Against School Reinstated
Smith v. Poughkeepsie City School District, 41 A.D.3d 579 (2d Dept. 2007) In a case where one middle school student assaulted her classmate, the lower court dismissed the case holding that the School was not negligent. The Appellate Division re-instated the case based upon the School’s failure to show that its security guards were present when at the time of the assault and because issues of fact existed as to whether the School knew about the aggressor student’s dangerous propensities as a result of her involvement in similar altercations with classmates in the recent past. Read the decision.
Duty of Bus Driver To Avoid Accident
Smith v. Nameth, 25 A.D.3d 599 (2d Dept. 2006) The client was a passenger on a bus that collided with a car at an uncontrolled intersection. The lower court dismissed the case against a bus driver finding the other driver 100 percent responsible for the accident. The Appellate Division revered and reinstated the case against the bus driver finding a question of fact on whether he could have avoided the accident. Read the decision.
Legal Malpractice Case Dismissed Agaisnt Lawyer
Laventure v. Galeno, 307 A.D.2d 255 | Casetext Search + Citator A woman slipped and fell on the interior staircase on an apartment building but could not say what caused her fall. When the court dismissed her case she sued her attorney claiming that he did not properly oppose the landlord’s motion to dismiss the case. On appeal, the Appellate Division reversed and dismissed the case finding that her inability to say why she fell was fatal to her case. Eric Rothstein represented the attorney who was sued for legal malpractice.
Summary Judgment Awarded To Tenant Who Was Attacked By His Superintendent
Bastein v. Sotto, 299 A.D.2d 432 | Casetext Search + Citator During a dispute over garbage, a superintendent made contact with the tenant’s wife causing her to drop their baby to the floor. The tenant then sued the superintendant for assault and battery. The lower court denied the tenant’s motion for summary judgment on liability but the Appellate Division reversed granting summary judgment. Prior results do not guarantee a similar outcome.
