Rothstein Law PLLC
The Woolworth Building
233 Broadway, Suite 900
New York, New York 10279
Tel: 212-577-9797

News

August 1, 2017 – Open Container Case Dismissed

A Police Officer gave the client a pink summons for possessing a cup of white wine on a public street (AC 10-125[2][b]).  The Judge granted Mr. Rothstein’s application to dismiss and seal the case because the summons did not have a brand name and there was no way to infer whether the wine had more than .005 percent of alcohol by volume.

July 28, 2017 – Early Sealing and Dismissal In Marijuana Case

The police arrested the client after seeing him with marijuana on a public street. Based on the fact that the client is a college student with a long record of achievements, the Judge granted Mr. Rothstein’s application to dismiss and seal the case in less then 30 days so it would not affect the client’s job and apartment search.

June 29, 2017 – 6 figure Mediation Settlement In Snow & Ice Case

The client slipped and fell on snow and ice in the parking lot of her condo and broke her leg. A few days later she fell again due to the cast and broke her arm requiring surgery.  Mr. Rothstein hired a weather expert to help prove that the owner had nearly 24 hours notice of the snow and ice but simply chose not to remove it because it was between parked cars. When the snow removal company owner testified at his deposition that it was impossible to remove snow from between the parked cars Mr. Rothstein hired an investigator to track down the former maintenance man who admitted in a deposition that he had removed snow from between parked cars with a snow blower and a small shovel.  The case settled for a 6-figure amount in a private mediation.

June 22, 2017 – Felony Drug Possession Ends With Plea To Violation

In 2015, the police arrested the client for shoplifting (PL 155.25 and 165.40).  While searching him, the police found 15 glassines of heroin and and over 30 illegal pills.  As a result, the DA charged the client with drug possession with the intent to sell, a felony (PL 220.16).  After arraignment, the client failed to appear in court and the Judge issued a bench warrant.  In 2017, the client was arrested on the warrant in Pennsylvania following a car stop and the family hired Mr. Rothstein. Mr. Rothstein worked with the DA’s Office to expedite the client’s extradition to New York and negotiated a plea to Disorderly Conduct (PL 240.20), a violation, and time-served.

June 8, 2017 –  Probation Terminated – Client Freed From Jail

The client plead guilty to a robbery 4 years ago with a different lawyer and was sentenced to 5 years probation. He immediately transferred his probation to Georgia. In April, the NYC Department of Probation obtained a warrant for his arrest because the Gwinett County Probation Department alleged that is 2015 he moved without informing them of his new address and failed to report.  He was then arrested and extradited to NY.  Mr. Rothstein obtained documents showing that he moved to DeKalb County and the DeKalb Probation Department knew it. The NYC Probation lawyer then alleged that while they new it, the client was not home when they came to verify his address and that he failed to report to probation. In response, Mr. Rothstein pointed out that the Violation Report noted that the client was monitored in the field (meaning they knew where he lived) and only reported to the Probation Office when he was asked to. Mr. Rothstein also provided documents showing that the client obtained his GED and was working at the time he was taken into custody. The Probation Department then agreed to ask the Judge to release the client and terminate his probation. The Judge agreed and scolded the Probation lawyer and stated that a civil lawsuit was in the offing because the client spent 45 days in jail and Probation failed to verify the facts.

June 7, 2017 –  Million Dollar Plus Arbitration Award In Slip and Fall Case

The client fell down the stairs of a jail and suffered serious injuries to his legs. After completing discovery, the parties agreed to arbitration and the Arbitrator awarded the client a seven-figure award.

June 5, 2017 –  Attempted Robbery Dismissed

The police arrested the client for allegedly trying to rob a woman he was with.  Mr. Rothstein obtained the surveillance video from a nearby hotel that did not support the DA’s theory. In addition, the client woman damaged the client’s car window and the client was simply trying to force her to stay to make a police report after he called 911. After considering all the facts, the DA moved to dismiss the case.

May 5, 2017 –  Early Sealing In Marijuana Case

The police arrested the client for allegedly possessing marijuana (PL 221.10 and 221.05). The client is currently in the middle of a job search and also has to renew his DACA.  Based on these factors, Mr. Rothstein convinced the Judge to dismiss and seal the case in 26 days rather than the usual 1 year so that it would be dismissed before any new job criminal background search and submission of his DACA renewal application.

May 2, 2017 –  Not Guilty Verdict

The police arrested the client for allegedly menacing (PL 120.14) his then girlfriend with a handgun. The client is a federal Corrections Officer who had many legally owned weapons in the house.  The client gave Mr. Rothstein a list of fraudulent acts that the woman had committed over the year and Mr. Rothstein commenced an investigation. As a result, Mr. Rothstein was able to document welfare fraud, tuition scholarship fraud, insurance fraud, immigration fraud, and the fact that the woman had altered a marriage certificate to make it appear that she was married to the client.   Months before the trial, Mr. Rothstein told the prosecutor that he had multiple documented acts of fraud by the complaining witness and he should look into it.  Based on Mr. Rothstein’s recommendation the client waived a jury and proceeded only with a bench trial. Just before opening statements, Mr. Rothstein asked the Judge to inquire if the prosecutor had any disclosures to make regarding the woman’s acts of fraud. The prosecutor told the Judge that he asked the woman if she had ever been convicted of fraud (which she hadn’t) but he did not ask her if she ever committed fraud. Thus, the first time the prosecutor heard about all the fraudulent acts was during Mr. Rothstein’s brutal cross-examination. In addition to the numerous acts of fraud, Mr. Rothstein proved that the woman had made inconsistent statements about every material allegation.  After trial the Judge found the client not guilty.

April 20, 2017 –  Quick Action Gets Clients Back to Work

The police arrested the clients for shoplifting at Macy’s (PL 155.25, 165.40). The clients were home health attendants and they were immediately suspended from their jobs because the Department of Criminal Justice Services notified their employment based on a fingerprint hit.  Although the amount allegedly stolen was significant, Mr. Rothstein was able to get the case advanced by over a month and negotiate a non-criminal disposition, which got them immediately re-instated tot their jobs.

April 10, 2017 –  Settlement In Car Accident Case

The client’s car was hit in the rear by another vehicle during a snowy weather.  Mr. Rothstein was able to negotiate a fair settlement without having to start a lawsuit.

March 21, 2017 –  Summary Judgment Granted Against Teacher Who Secretly Recorded Middle Schooler

The defendant, a gym teacher, secretly recorded several middle school girls who were changing their clothes after gym class.  The defendant was arrested and plead guilty to a felony and several misdemeanors. Mr. Rothstein then sued the now former teacher. Based upon his conviction and his depositon testimony Mr. Rothstein moved for summary judgment on the issue of liability and the court granted the motion. Any trial will now be limited to the client’s monetary damages.

March 6, 2017 –  Immediate Dismissal and Sealing In Two Cases

When the client was arrested for having an open container of alcohol and possessing marijuana, the Police Officer discovered an old bench warrant for another open container case so he put him through the system rather than giving him a pink summons.  At arraignment, the client’s public defender got him ACDs on both cases but spent very little time learning about the client’s situation and did not seek immediate dismissal and sealing.  A few weeks later, the client realized that the open ACDs would negatively impact his security clearance necessary for his job renewal, which was coming due.  The client contacted Mr. Rothstein on a Friday and Mr. Rothstein made the necessary phone calls to get the cases back on the calendar, in two separate counties, the following Monday. Mr. Rothstein then appeared in court and convinced the Judges to immediately dismiss and seal the cases.  Job saved!

March 3, 2017 –  ACD In Suspended Driver’s Licence Case

A Police Officer pulled the client over because his car had a broken break light. When the Officer checked the client’s license it came back suspended and he arrested the client for driving with a suspended licence (VTL 511[1][a]). At the arraignment the DA offered the client a guilty plea to a violation and a fine. However, Mr. Rothstein was able to show that the suspension (which resulted from the failure to file a bond after the adjournment of a traffic ticket case due to the miscommunication by his Traffic Court lawyer) went into effect the same day as the arrest and therefore the client would not have known about it. After reviewing the documents, the DA offered the client an ACD.  The case will end up being dismissed and sealed.

March 2, 2017 –  ACD In Felony Drug Case

The police arrested the client inside a club after a security guard saw him in the bathroom with several ecstasy pills.  The police seized 22 pills, a bag of cocaine, and $700 cash, and the DA charged the client with Criminal Possession of a Controlled Substance in the Fifth Degree (intent to sell) and Seventh Degree (PL 220.06 and 220.03).  Mr. Rothstein was able to prove to the DA that the client had the drugs for his bachelor party and obtained the surveillance video from the club showing no drug sales, proof that the client had just cashed a paycheck, and proof that the client married days after the arrest.  Based on these facts, the DA offered the client an ACD with a one day drug class to resolve the case. The case will end up being dismissed and sealed.

February 15, 2017 –  ACD In Knife and Marijuana Case

The police arrested the client outside his college after a school guard seized marijuana from his book bag (PL 221.05). Once at the precinct the Police Officer found a small knife in the client’s book bag (PL 265.01). However, based on Mr. Rothstein’s investigation, it appeared that the school guard, who was a Peace Officer, lacked probable cause to search the client, which subjected the marijuana and knife to suppression. After discussing the issue with the prosecutor, she agreed to offer the client and ACD to resolve the case. The case will end up being dismissed and sealed.

January 19, 2017 –  Judge Denies Defendant’s Motion To Vacate Default Judgment

The defendant assaulted the client and fractured his jaw. Following his guilty plea to a misdemeanor assault, Mr. Rothstein sued the defendant and obtained a default judgment when he failed to serve an Answer.  Mr. Rothstein was initially unable to enforce the judgment but more recently garnished his wages for several months after a periodic internet search revealed who he was working for. The defendant subsequently got fired but got a new job. When Mr. Rothstein started new garnishment proceedings the defendant moved to vacate the default judgment on the ground that he had not been served with the summons and complaint. Mr. Rothstein opposed the motion as being untimely and lacking merit because his denials were equivocal and because he made no attempt to vacate the default while his pay was being garnished the first time. The Judge agreed with Mr. Rothstein and denied the motion.

January 6, 2017 –  ACD In Graffiti and Marijuana Case

The client was arrested for spray painting a sizable tag on a building. Once under arrest, he admitted to painting another building the same night and the police found him in possession of marijuana (PL 145.00, 145.60, 145.65, 221.05).  Mr. Rothstein was able to negotiate an ACD  conditioned on attending a three (3) hour art class to resolve the cases. The Judge also agreed to consider immediate sealing upon proof that the client attended the class.

January 5, 2017 –  ACD With Early Dismissal In Contempt Case

The client was arrested for criminal contempt of court (PL 215.50) after texting his former girlfriend, in violation of a Family Court order of protection, that the news was reporting a rapist near her job. The client hired Mr. Rothstein because he felt that his first lawyer was not fighting hard for him. Mr. Rothstein sent the prosecutor several texts messages showing that the complaining witness sent the client despite having the Order of Protection against him and proof that the case had cost him a  job opportunity. When this did not result in the offer that Mr. Rothstein wanted, Mr. Rothstein took his client to meet with the ADA. That negotiation resulted with the case being advanced to that afternoon and an ACD with dismissal and sealing in 2 weeks.

January 4, 2017 – Probation Restored

The client was on misdemeanor probation and was arrested for failing to meet with her Probation Officer on multiple occasions and remanded into custody without bail.  The client’s Mother hired Mr. Rothstein to deal with the situation. Mr. Rothstein was able to show that the client had been in touch with her Probation Officer via text messages. As a result, the Judge released the client from custody and restored her to probation.

December 20, 2016 – ACD With Fast Sealing In Shoplifting Case

The client was arrested for shoplifting at Target (PL 155.25 and 165.40) and given a Desk Appearance Ticket. The client is in the middle of a job search so Mr. Rothstein was able to get the court date advanced by over two months and then convinced the DA to get the client an ACD with dismissal and sealing as soon as the client attends the StopLift class.

December 2, 2016 – Probation Deal In Terrible Felony Assault Case

The client was arrested for first and second degree assault (PL 120.10 and 120.05) following a stabbing when he intervened in an argument between his companion and a street vendor who had accidentally flown a toy helicopter into her.  The vendor suffered a horrible knife wound running the entire length of his face. From the outset, the prosecutor offered a plea bargain that included 4 years in jail and then 5 years of post release supervision. The client was intoxicated at the time of the incident and while he made statements to the police at the scene both inculpating himself but also presenting a plausible self-defense claim, within hours he lost all memory of the incident.  As a result, Mr. Rothstein retained an expert psychiatrist to explain the memory loss and support a partial intoxication defense.  In addition, Mr. Rothstein presented mitigating factors showing that the client cares for his elderly parents. Finally, Mr. Rothstein prepared a speedy trial motion. Just before trial, Mr. Rothstein used these various factors to convince the prosecutor to offer a straight probation (no jail time) plea that the client happily accepted.

November 30, 2016 – Disorderly Conduct Pink Summons Dismissed

The client reportedly had an altercation with her taxicab driver.  A Police Officer saw the incident and gave the client a pink summons charging her with Disorderly Conduct (PL 240.20). The summons said only that the Officer saw the client flailing her arms in a threatening manner.  The Judge agreed with Mr. Rothstein that the summons was facially insufficient because it did nothing more than track the statutory language and failed to allege the client’s alleged conduct impacted the public, which is a requirement. Therefore, the Judge dismissed and sealed the case.

November 23, 2016 – Settlement In Motor Vehicle Case

An uninsured driver struck the client’s car in the rear while fleeing from the police.  The client had a connective tissue injury that required physical therapy. Mr. Rothstein reached a pre-suit settlement with the client’s SUM insurance carrier.

November 15, 2016 – Immediate Dismissal and Sealing In Marijuana Case

The police arrested the client for possessing marijuana (PL 221.10 and PL 221.05) on his way into Yankee Stadium. At arraignment, the prosecutor offered a marijuana ACD that remains open for 12 months before being dismissed and sealed.  However, Mr. Rothstein convinced the Judge to immediately dismiss and seal the case because the client was applying for a promotion at his job, which will require a criminal background check.

November 2, 2016 –  Immediate Dismissal And Sealing of ACD In Drug Possession Case

The police arrested the client for possessing cocaine (PL 220.03) when they saw him passing it among two friends and gave him a Desk Appearance Ticket.  The client was in the middle of a job search  so Mr. Rothstein contacted the District Attorney’s Office to advance the arraignment date.  Mr. Rothstein also arranged a meeting with the prosecutor for the next business day following the arraignment to discuss early dismissal and sealing of the ACD that the client accepted at arraignment. Mr. Rothstein provided the DA with a blood test result, taken less then 2 days after the arrest, showing that the client had no drugs in his system.  Based on this lab report, and the clients contrition and pending job search, the DA agreed to dismiss the case early contingent on a few drug counseling sessions. Mr. Rothstein then found the client a drug counselor who was able to fit the client right in. The Judge then granted the DA’s application to dismiss and seal the case.

October 31, 2016 – ACD In Graffiti Case

The police arrested the client for drawing on a wall with a permanent ink marker and charged him with criminal mischief, making graffiti, and possession of graffiti instruments.  (PL 145.00, PL 145.60, and PL 145.65).  At arraignment, the prosecutor declined to make an offer. Subsequently, the prosecutor offered a plea to a violation and a fine. Mr. Rothstein believed the case was not worth more than an ACD so he called the prosecutor’s supervisor and convinced him to offer the ACD with community service.  In court, the prosecutor took no position on early sealing and Mr. Rothstein convinced the Judge to dismiss and seal the case upon completion of the community service rather than the usual 6 months.

October 25, 2016 – Violation Saved Despite Two Subsequent Arrests

After accepting a conditional misdemeanor plea, the client was subsequently arrested in two separate drunk driving cases. As a result, the prosecutor asked the Court to sentence the client to 30 days in jail rather then allow him to get a violation.  Mr. Rothstein convinced the Judge to have the client due alcohol treatment supervised by TASC. After successfully completing the treatment the Judge dismissed the misdemeanor and sentence him to a conditional discharge on a violation. As a result, the client avoided a criminal record.

September 29, 2016 – ACD In Rail Road Crossing Gate Case

A Police Officer gave the client a pink summons for walking under a lowered rail road crossing gate while the lights were flashing and the bells were sounding (LIRR rule 1097.14(b), a misdemeanor). In court, the Judge granted Mr. Rothstein’s request for an ACD (meaning that the case will be dismissed and sealed in 6 months) given that the client is a law student and will have to disclose the matter on her application for admission to the bar.

September 16, 2016 – Assault Case Dismissed

The client was arrested after she punched an intoxicated man who cut the line at a McDonald’s and pushed her friend (PL 120.00).  Mr. Rothstein went to the scene to interview the manager and learned that the complaining witness started the incident, which gave the client a justification defense.

September 13, 2016 – Trademark Counterfeiting Case Dismissed

An undercover Police Officer arrested the client after claiming that one single pendant in the jewelry store where she worked was counterfeit (PL 165.71). The client was simply a part-time Clerk and the surveillance video showed that the Officer was in the store for over 20 minutes and found no other allegedly counterfeit items out of the thousands on sale. After Mr. Rothstein provided the prosecutor with the surveillance video, and argued that she could never prove that the client knew the item was fake, she failed to ever answer ready for trial and consented to the Judge dismissing the case.

September 1, 2016 – Marijuana Case Dismissed

A Police Officer gave the client a pink summons for Unlawful Possession of Marijuana (PL 221.05). Rather than accept a marijuana ACD, which would remain open for 1 year, Mr. Rothstein used the fact that the client is a recent college graduate in the middle of a job search to convince the Judge to outright dismiss the case.

August 17, 2016 – ACD With Immiediate Sealing In Criminal Possession of Stolen Property Case

The client owns a smoke shop and an undercover Police Officer pressured him to trade an Apple cellphone for cigarettes and then arrested him possessing stolen property based on the allegation that he told the client it was stolen (PL 165.40). The client’s position was that he was trying to take care of other customers and the undercover kept bothering him so he finally did the trade to get rid of him.  Based on these facts, and Mr. Rothstein’s request for the surveillance that the police seized, the DA agreed to an ACD with immediate sealing, which means that the case was immediately sealed.

August 15, 2016 – Judge Denies County’s Motion For Summary Judgment

The client was injured when he fell on the steps of a County jail while returning to his second floor cell despite a doctor’s determination that he should be housed on the first floor.  Following the close of discovery, the County defendants filed a motion for summary judgment seeking to have the case dismissed.  Following oral argument, the Judge denied the majority of the County’s motion. As soon as counsel left the courtroom, defense counsel made a significant 6-figure offer to Mr. Rothstein for his client. Settlement negotiations will now ensue.

July 11, 2016 – Trial Verdict In Motor Vehicle Case

The client was injured when he stopped for an ambulance and then was struck in the rear by another car. Early in the case Mr. Rothstein obtained summary judgment against the other car and the matter proceeded on damages only. The client had herniated and bulging discs and is still treating 4+ years after the accident. Nevertheless, the defendants’ insurance company offered only $4,000 to settle and so the case went to trial on damages. During the trial, Mr. Rothstein called the client, the DO/PMR doctor who treated him for 9 months following the accident and the chiropractor who has treated him since. The defense called the orthopedic surgeon who examined him and a radiologist. Armed with numerous transcripts of the defense doctors’ testimony in prior cases Mr. Rothstein showed that they were not credible given the amount of money they earn from testifying for defense lawyers. In addition, Mr. Rothstein elicited many favorable concessions from these doctors. After a one-week trial the jury returned a verdict that included $11,000+ in lost wages, $25,000 in past pain and suffering, $200,000 in future pain and suffering and some out of pocket expenses for an approximate total of $265,000.

June 29, 2016 – Appellate Division Reverses Criminal Conviction

Represented by a public defender, the client was convicted after trial of sexual abuse in the first degree and endangering the welfare of a child.  In reading the transcript, Mr. Rothstein noticed that the prosecutor cross-examined the client about a statement that he allegedly made to his lawyer that made him look guilty, which was a clear violation of the attorney-client privilege.  However, the trial lawyer failed to preserve the issue for appeal and actually argued that the DA lacked a good faith basis to ask the question rather than arguing the privilege.  Mr. Rothstein convinced the appellate court to exercise its interest of justice power to consider the issue. The Court then agreed there was a violation and, because the evidence was not overwhelming, the Court reversed the conviction and ordered a new trial. This is a great result for the client who is incarcerated due to the conviction.

June 27, 2016 – ACD In Nassau Shoplifting Case

The police arrested the client for shoplifting at a department store (PL 155.25).  The client denied the charge and blamed a language barrier for her mistake.  Mr. Rothstein was able to negotiate an ACD but the prosecutor wanted the client to do the stoplift program. However, Mr. Rothstein was able to convince the prosecutor to drop the class because it was not offered in the client’s native language and the class did not have an interpreter for her language.

June 22, 2016 – Felony Assault Case To End With ACD

After a Traffic Enforcement Agent alleged that after he stopped the client from making an illegal left-hand turn she hit him twice with her car. The client adamantly denied hitting him. Mr. Rothstein went to the scene to search for surveillance cameras and obtained footage that appears to show the Agent limping after the incident but not the incident itself. The DA charged the client with a felony but Mr. Rothstein convinced the DA to reduce the case to a misdemeanor. The DA then offered the client a repleader where she could plead to a misdemeanor, do community service, and then withdraw the plea and receive a violation. Mr. Rothstein pressed the DA to produce the Agent’s medical records, which showed only subjective complaints of pain a possible contusion.  Mr. Rothstein then used those records as leverage to convince the DA to offer the client a repleader to Disorderly Conduct (blocking traffic), less community service, and then withdraw the pleas and receive an ACD, which will result in the case being dismissed and sealed.

June 15, 2016 – Assault Case Dismissed

In the no good deed goes unpunished category, the police arrested the client for assault in the third degree (PL 120.00) based on the allegation of a woman who the client allowed to stay in her home for 6 months rent free. Mr. Rothstein’s investigation showed that the complainant was intoxicated at the time of the alleged incident and waited a week to even call the police.  After the complainant moved out, Mr. Rothstein knew that the DA would have a hard time reaching her and he recommended that the client deny each of the DA’s plea offers.  After the DA failed to reach the complainant within the speedy trial period, the Judge dismissed and sealed the case.

June 13, 2016 – Six-Figure Settlement In Excessive Force Case

The police beat plaintiff while he was in a precinct holding cell causing a fractured orbital socket that required open reduction and internal fixation to repair. Although the police claimed that the client was emotionally distressed and refusing to be retrained, Mr. Rothstein was able to get that defense precluded due to the City’s late discovery response.  As a result, the City had no real defense and elected to settle for a six-figure amount when the case was in court for jury selection.

June 3, 2016 – ACD In Fake ID/Fare Evasion Case

The client, a 19-year old college student, was arrested for entering the subway without paying the fare (PL 165.15[3]). During their search, the police found three fake IDs and also charged him with possessing fake IDs (PL 170.05).  Due to the fake IDs, the DA’s Office took a hard line and wanted the client to plead guilty to a violation and perform community service.  However, Mr. Rothstein thought that an ACD, that results in dismissal and sealing, and community service was the appropriate outcome.  After multiple conversations with two prosecutors, and presenting documentation that the client is an honors student, the DA relented and offered the ACD.

May 24, 2016 – Judge Denies Motion For Trial Authorizations

In a slip and fall case, the defense served a motion seeking authorizations for prior drug and alcohol treatment records on the grounds they were needed for trial. Mr. Rothstein opposed the motion on the grounds that a prior Judge ruled that the defense was not entitled to the records and the Appellate Division dismissed their appeal of that decision.  The Judge agreed with Mr. Rothstein and denied the motion.

May 20, 2016 – Settlement In Employment Case

The client is a municipal employee who sued his employer in due to First Amendment violations. Mr. Rothstein negotiated a settlement but the details are subject to a confidentiality agreement.

May 4, 2016 – Judge Denies Motion For Trial Authorizations

In a slip and fall case, the defense served a motion seeking authorizations for prior drug and alcohol treatment records on the grounds they were needed for trial. Mr. Rothstein opposed the motion on the grounds that a prior Judge ruled that the defense was not entitled to the records and the Appellate Division dismissed their appeal of that decision.  The Judge agreed with Mr. Rothstein and denied the motion.

May 4, 2016 – Judge Denies City’s Request For Discovery

In a bad search warrant case, after taking the client’s deposition in a bad search warrant case, the defense lawyer thought of some additional areas he wished to probe and some additional documents he wanted.  Mr. Rothstein opposed the City’s request on the ground that the documents were not relevant and that the demands were an attempt to re-open the deposition via written discovery.  The Judge agreed with Mr. Rothstein and denied defendants’ motion in its entirety.

April 27, 2016 – Judge Dismissed Public Exposure Case

A Police Officer gave the client a pink summons charging him with Pubic Exposure of a Person (PL 245.01) after allegedly seeing him engaging in oral sex with his girlfriend. After taking the Judge through the seminal Court of Appeals case dealing with this type of case and pointing out the insufficiency of the allegations in the summons, the Judge granted Mr. Rothstein’s application to dismiss the case.

April 5, 2016 – Settlement In Employment Case

The client is a municipal employee who sued his employer in due to First Amendment violations. Mr. Rothstein negotiated a settlement but the details are subject to a confidentiality agreement.

March 29, 2016 – Settlement In Employment Case

The client is a municipal employee who sued his employer in due to First Amendment violations. Mr. Rothstein negotiated a settlement but the details are subject to a confidentiality agreement.

March 22, 2016 – Violation In Airport Felony Gun Possession Case

The police arrested the client after he declared a handgun at the airport ticket counter (PL 265.03).  The client lives in another state where gun possession is fully legal and the client had a gun permit so he had no problem bringing the weapon to New York.  Unfortunately, the client misunderstood the New York laws and was facing a felony. Mr. Rothstein presented the DA’s Office with numerous character letters, a copy of the gun permit, and links to some of the websites that the client researched before traveling to New York and was able to negotiate a plea to a violation.  The client will not receive a criminal record and the case will seal in 1 year.

March 21, 2016 – ACD In Drug Possession Case For Out-Of-Town Client

The police arrested the client in a train station for Criminal Possession of A Controlled Substance for possessing 15 prescription painkillers and 1 Xanax pill (PL 220.03).  Mr. Rothstein produced a prescription for the pain killer along with the police voucher for the prescription bottle.  Based on this evidence, the DA offered the client a straight ACD with no community service or drug class and the Judge waived his appearance in NY so he did not have to pay the round-trip airfare.

March 21, 2016 – Judge Denies Motion To Restore Dismissed Case

After a Judge dismissed the plaintiff’s case because he was unprepared to go to trial, the plaintiff filed a motion to vacate the dismissal and restore the case.  However, the plaintiff’s motion papers contained no case law and relied solely on his claim that he was not ready because settlement negotiations were ongoing.  In contract, Mr. Rothstein’s opposition papers contained citations to numerous appellate cases that settlement negotiations is not a reasonable excuse for not being ready. The Judge agreed with Mr. Rothstein and denied the motion to restore the case.

March 11, 2016 – FDIC Rule 19 Problem Avoided

A detective arrested the client for Criminal Possession of Stolen Property In The Fifth Degree (PL 165.40) after he used a Metrocard that he bought at a discount from someone who posted an ad on Craigslist. The client expected to be looking for a new job at an FDIC regulated company and acceptance of an ACD would have prevented him being hired because the FDIC considers an ACD to be a pretrial diversion program. Mr. Rothstein convinced the Judge and the DA to add a trespass charge, dismiss the stolen property charge, and then offer the ACD off the trespass charge, which will not violate the FDIC rule. As a result, the client can still work for an FDIC regulated company.

March 9, 2016 – Insurance Company Settles Breach of Contract Case

After the Appellate Division denied its motion to stay the case pending appeal (see March 7, 2016 below), the carrier settled just before the bench trial started.  The carrier paid the claim in full, waived the client’s deductible, and paid a significant fee to Mr. Rothstein and his client rather than face a potential bad faith award.

March 8, 2016 – ACD In Assault Case

The police arrested the client for assault (PL 120.00) following an incident that started in a bar with strangers that the complaining witnesses continued after the client left. Initially, the prosecutor would only offer a plea bargain requiring the client to plead guilty to a violation. Mr. Rothstein advised the client to reject the offer and fight the case based on the lack of injuries and the DA’ s speedy trial problem. After conferencing the case with a DA supervisor, the prosecution offered the client an ACD and the case will end up being dismissed and sealed.

March 7, 2016 – Appellate Judge Denies Insurance Company Trial Stay

After the client’s car was stolen his insurance carrier denied the claim. Mr. Rothstein sued the carrier and the Judge put the case on an expedited track due to their unreasonable settlement position.  At a follow-up conference, the Judge sua sponte directed Mr. Rothstein to amend the Complaint to add a bad faith claim.  The carrier then served a Notice of Appeal and tried to get the Appellate Division to stay the trial pending the appeal.  The Justice assigned to the application agreed with Mr. Rothstein that there was no reason to stay the trial and denied the application. The trial will proceed later this week unless the carrier settles.

February 22, 2016 – Motor Vehicle Accident Case Settled

Another vehicle ran a red light and struck the client’s car causing her to suffer a broken rib and knee injury.  After the client completed her medical treatment, Mr. Rothstein was able to negotiate a pre-lawsuit settlement with the other driver’s insurance carrier.

January 21, 2016 – Assault Case Dismissed

Under the category of no good deed goes unpunished, the client allowed a friend to stay in his home for a few days after her boyfriend broke up with her. When the client told the woman, a few days later, that she needed to find somewhere else to go, the woman hit the client and called the police claiming he hit and choked her.  The police arrested the client and charged him with assault (PL 120.00) and criminal obstruction of breathing (PL 121.11). The DA initially offered a violation, community service, and a program but Mr. Rothstein advised the client to reject the offer. When the woman failed to cooperate the DA moved to dismiss the case.

January 21, 2016 – Job Saved

The Board of Education suspended the client, a contract employee, after her arrest for shoplifting and criminal possession of stolen property (PL 155.25, 165.40). The police gave the client a Desk Appearance Ticket returnable in mid-February, meaning the client was facing months of unpaid suspension before she would even get to court. Mr. Rothstein was able to use his connections in the District Attorney’s Office to get the case advanced and negotiate an ACD to resolve the case. The Board of Education then re-instated the client to her job.

January 5, 2016 – Judge Dismissed Embezzlement Case

A lawyer sued the client, his former partner in a title insurance company, alleging that she stole money from the company.  Mr. Rothstein viewed the case as frivolous and aggressively defended it.  After trying every way to delay the case, the plaintiff finally ran out of time and the Judge dismissed the case when the plaintiff said he was not ready to proceed to trial.

January 5, 2016 – Settlement In Auto Accident Case

The client was riding his motorcycle to work when the driver of a car passed him too closely and knocked him to the ground causing multiple fractures.  With the case on for jury selection, defense counsel asked to stay the case because his client had recently deployed out of the country on military duty. Mr. Rothstein opposed the application because the defense failed to produce the documentation required by the statute and noted that the Court has previously denied the same motion for the same reason, which the lawyer did not even know about. Once the Judge indicated agreement with Mr. Rothstein, the insurance company settled the case.

December 17, 2015 – DUI/DWI Case Dismissed Due To Speedy Trial Violation

The client was arrested for drunk driving (VTL 1192) and felony possession of marijuana (PL 221.20). There were three other people in the car but the police let them go. Only later did the police find a large quantity of marijuana in the rear of the car.  Mr. Rothstein argued to the DA that the marijuana charge was not valid because the automobile presumption did not apply to marijuana. Even though Mr. Rothstein gave the DA case law to support his argument, the DA failed to dismiss the charge and allowed the case to linger for months. Finally, the DA indicted the misdemeanor DUI charges because he ran into a speedy trial problem.  Mr. Rothstein then got the indictment dismissed for violating the client’s right to testify in the grand jury and by the time the DA re-indicted the case the prosecutor had exceeded his speedy trial time and the Judge granted Mr. Rothstein’s motion to dismiss the case. This was a huge relief for the client who was facing the prospect of a criminal record for life.

December 16, 2015 – Settlement In Employment Case

The client was a municipal employee who sued his employer in due to an employment matter. While the law suit was pending, the employer fired the client resulting in the loss of significant money owed.  Mr. Rothstein negotiated a settlement that, among other things, rescinded the termination, but the details are subject to a confidentiality agreement.

December 1, 2015 – Assault Case Dismissed

The police arrested the client for allegedly assaulting his wife (PL 120.00). However, at the arraignment, Mr. Rothstein presented an affidavit he obtained from the wife admitting that she made it up and that she actual stabbed the client with a fork. Mr. Rothstein also presented the Judge with photos of the client’s wounds. As a result, the Judge took the unusual step of adjourning the case beyond the speedy trial date and issued only a limited Order of Protection so the client could return home. On the adjourn date the DA conceded that the case should be dismissed.

November 25, 2015 – Appeal Dismissed

The defendant is a personal injury case appealed the Judge’s denial of its motion to compel the client to provide authorization for alcohol and drug rehabilitation records. The Appellate Division granted Mr. Rothstein’s motion to dismiss the appeal based on the fact that the order was not appealable as of right and the defendant failed to seek permission to appeal. This is a major victory for the client.

November 6, 2015 – Settlement In Employment Case

The client is a municipal employee who sued his employer in due to an employment matter. Mr. Rothstein negotiated a settlement but the details are subject to a confidentiality agreement.

October 23, 2015 – Case Dismissed – Job Saved

The police arrested the client for theft of services (PL 165.15[3]) after she used her Mother’s half-fare senior Metrocard to enter the subway. Represented by a public defender, the client accepted an ACD (adjournment in contemplation of dismissal) meaning the case would be dismissed and sealed after 6 months if she was not arrested again. Unfortunately, 3 1/2 months into the ACD period the client’s employer, a major bank, did a periodic background check and saw the ACD. Under FDIC Rule 19, the ACD is considered a deferred prosecution and made the client ineligible to continue working for the bank. The client then turned to Mr. Rothstein for help. After meeting with the client, Mr. Rothstein spoke with the bank’s attorney to see what needed to be done to get the client re-instated, reached out the DA’s Office and brought the client in for a meeting. Mr. Rothstein convinced the DA to move to vacate the ACD and dismiss the case in the interests of justice. After that, the bank re-instated the client. The entire process took 5 business days.

October 19, 2015 – Judge Reinstates City Into Civil Rights Case

In the October 5 entry below, the Judge granted the City’s motion to dismiss the case against it. Mr. Rothstein immediately moved for reconsideration on the ground that the Judge overlooked that the City was vicariously liable under State law for the acts of its detectives. Although the standard for reconsideration is high, the Judge agreed with Mr. Rothstein and re-instated the City in the case.

October 13, 2015 – Judge Denies Summary Judgment Motion As Untimely

The defendant is a personal injury case moved to dismiss after the closed of discovery.  Mr. Rothstein opposed the motion, in part, on the ground that the defendant failed to make the motion returnable by the date set forth in a court order. Mr. Rothstein also cited numerous cases issued by Judges in the same courthouse regularly denying motions for failing to comply with similar orders. After reviewing all the submissions, the Judge agreed with Mr. Rothstein and denied the motion. The client is now assured of having his day in court at a trial.

October 5, 2015 – Court Denies Detectives’ Motion To Dismiss Civil Rights Case

The police entered the client’s apartment pursuant to a search warrant and handcuffed and detained the client for 30 minutes while they were looking for a drug dealer. However, the drug dealer did not live there and the police made material misstatements in the warrant application claiming that they saw him enter and exit the apartment. The detectives made a pre-Answer motion to dismiss the case claiming they were shielded by the warrant and qualified immunity. However, the Judge agreed with Mr. Rothstein that the Complaint sufficiently showed that the defendants’ contentions were not physically possible and denied the motion.

October 5, 2015 – Disorderly Conduct Pink Summonses Dismissed

The police issued the client a pink summons for yelling at someone in the train station (PL 240.20).  At the arraignment, Mr. Rothstein presented the Judge with case law from the Court of Appeals and the Appellate Term supporting his position that the summons was defective because it did not contain sufficient allegations. The Judge agreed with Mr. Rothstein and dismissed the case.

September 28, 2015 – Federal Judge Orders County To Provide Documents

The client is suing the County of Hudson after a trip and fall on stairs left him unable to walk.  The jail’s records show that the medical staff said that the client should be housed on a first floor tier due to his medical condition but the jailers failed to carry this out. The jail claims that it did the best it could due to limitations on space.  During discovery, Mr. Rothstein demanded records regarding inmates held in the infirmary as well as the contract for a facility renovation. Defendants refused to provide the documents so the Judge held a phone conference during which she stated that the documents did not seem relevant. However, after reading Mr. Rothstein’s motion papers, and the County’s opposition, the Judge agreed with Mr. Rothstein and ordered the County to produce the records.

September 21, 2015 – Public Exposure Summonses Dismissed

The police issued the clients pink summonses for having sex in a car (PL 245.01).  The Judicial Hearing Officer (JHO) refused to consider Mr. Rothstein’s motion to dismiss because the clients were not present in court despite the fact that the Court’s telephone recording states that defendants can appear by attorney.  Mr. Rothstein asked that the case be immediately transferred across the street to an active Judge of the Criminal Court.  After a 2 hour wait for the paperwork to be sent across the street, the Judge granted Mr. Rothstein’s motion to dismiss on the ground that the summonses did not sufficiently establish that the clients were in a “public place,” a material element of the charge.  Although the DA’s Office opposed the application, Mr. Rothstein gave the Judge a Court of Appeals case directly on point, which she found persuasive.

September 3, 2015 – Misdemeanor Indictment Dismissed

The police arrested that client for DUI (VTL 1192) and felony weight marijuana possession.  After Mr. Rothstein convinced the DA that the marijuana was not legally viable the DA attempted to reduce the case to a misdemeanor but was unable to do but subsequently sent Mr. Rothstein paperwork indicating that he had done so.  The DA then elected to present the case to a grand jury but failed to give Mr. Rothstein sufficient notice. At arraignment, Mr. Rothstein filed a motion to dismiss the indictment. After reading all the papers, the Judge found that the DA created confusion and thereafter failed to give the defense sufficient notice of the grand jury presentment. As a result, the Court dismissed the indictment with leave to present the case to a different grand jury.

August 27, 2015 – False Arrest Case Discontinued

The client was sued for false arrest by her sister-in-law.  Medical records showed that the plaintiff had a significant mental health history and had given numerous explanations regarding the incident.  Mr. Rothstein was hired to defense the case and pressed to take the plaintiff’s deposition.  As a result the woman dropped the case rather than having to answer questions under oath about the matter.

August 3, 2015 – Job Saved In DUI Case

The police arrested the client for driving while intoxicated (VTL 1192.2) after finding him asleep in his car, parked partially in his driveway, with the motor running.  The client holds a Commercial Driver’s License and even a plea to Driving While Ability Impaired (VTL 1192.1) would result in a 1 year revocation of his license.  In addition, the Judge suspended his license pending prosecution at his arraignment. Mr. Rothstein negotiated a deal with a supervisory prosecutor where the client plead guilty to the added charges of Reckless Driving (VTL 1212) and Disorderly Conduct (PL 240.20) and has to attend alcohol counseling, a victim’s impact panel, and not drink for 90 days (monitored by a portable breathalyzer). If the client satisfies the conditions, he may withdraw the VTL 1212 plea and be sentenced to a $250 fine and a conditional discharge on the Disorderly Conduct charge, which is not a crime and will seal. In addition, the Judge vacated the interim license suspension, which allows the client to continue driving for work.

July 31, 2015 – Felony Assault Charges Dismissed

The police arrested the client for first and second degree assault charges (PL 120.10 & PL 120.05) after a woman alleged that the client kicked and hit her boyfriend causing multiple fractures. Interestingly, it did not appear that the alleged victim wanted to file a police report suggesting that there was something more going on. Mr. Rothstein’s investigation revealed that the time alleged in the Complaint was incorrect and that the club was not cooperating because it should not have been opened at the true time of the incident thereby endangering it liquor license.  In addition, Mr. Rothstein found that the client was acting in defense of his girlfriend, who was attacked for no reason.  Mr. Rothstein sent a letter to the District Attorney’s Office requesting that it obtain the surveillance video (which the club alleged did not exist) by seizing the machinery with a search warrant if needed. After fully investigating the case, the DA conceded that the case should be dismissed.

July 22, 2015 – Sale of Unlimited Metrocard Case Dismissed

A Detective arrested the client Unauthorized Sale of A Fare Card for selling him a monthly pass for the Long Island Railroad (PL 165.16) after the Detective responded to the client’s ad on Craig’s List.  However, the Detective arrested the client as soon as he handed him the pass and without giving him any money for it.  Based on this fact, Mr. Rothstein argued to the DA that no crime was committed because the statute requires an exchange of value. Essentially, the Detective arrested the client too soon. After fully investigating the case, the DA agreed with Mr. Rothstein and moved to dismiss the case.

July 16, 2015 – Change To ACD and Immediate Dismissal Solves FDIC Rule 19 Problem

The police arrested the client for fare evasion, legally known as Theft of Services (PL 165.15), after he entered a bus through the rear door without paying his fare. The client had an unlimited ride Metrocard but made a poor decision not to wait in line.  Represented by a public defender, the client accepted an ACD at arraignment and thought the matter was over. However, when he notified his job (a retail bank) about the incident he was suspended without pay because an ACD resulting from a theft charge is considered a deferred adjudication under FDIC Rule 19 and disqualifies an individual from working for an FDIC regulated company.  The client then hired Mr. Rothstein to fix the mess. Mr. Rothstein initially reached out a Team Leader in the DA’s Office who spoke with a Deputy Bureau Chief who said the Office would not do anything. Mr. Rothstein then spoke to a Bureau Chief and received the same negative result. Finally, Mr. Rothstein spoke to the Executive ADA (the # 3 person in the Office) and prevailed on him to consent to vacating the ACD, adding disorderly conduct to the complaint, dismissal of the Theft of Services charge and an ACD based on the disorderly Conduct with immediate dismissal and sealing.  Now the client should be able to resume his job!

July 14, 2015 – Assault Case Dismissed

The police arrested the client for assault (PL 120.00) after he threw multiple punches at a bar security officer for no apparent reason while intoxicated. The incident was captured on surveillance so the case did not look good for the client. However, the DA failed to file the victim’s supporting deposition until after the speedy trial period expired.  When Mr. Rothstein raised the issue in court the DA claimed that a critical adjournment period should be excluded from speedy trial calculations because the court administratively adjourned the case due to a snow storm.  Although the Judge suggested that the DA was correct, Mr. Rothstein requested the opportunity to file a written motion.  After reviewing all the submissions the Judge agreed with Mr. Rothstein’s interpretation of the law and dismissed the case.

June 30, 2015 – Marijuana Case Dismissed

The client, a high school student, received a pink summons for possessing marijuana in Central Park (UPM – PL 221.05). At the arraignment, the Judge offered the client a marijuana ACD, which Mr. Rothstein would have accepted had the Judge granted immediate sealing so it would not effect the client’s summer job prospects. However, the Judge would only seal the case in 3 months. Therefore, Mr. Rothstein declined the offer and moved the case to another court. At the next court date, Mr. Rothstein was able to get the case dismissed and sealed due to a speedy trial violation. As a result, the case got dismissed sooner than the first Judge offered and the client did not have to use her once in a lifetime marijuana ACD.

June 29, 2015 – Assault Charges Dismissed After Surveillance Tape Refutes Complaining Witness’ Allegation

The client, a highly successful businessman, was arrested for assault (PL 120.00) after a dispute with a club manager over champagne.  The manager claimed that the client pushed her against a wall causing injury.  When Mr. Rothstein called the club to ask about surveillance recordings, the club representative claimed there were no cameras anywhere in the club.   Mr. Rothstein did not believe this assertion and immediately subpoenaed the recordings. When the club failed to respond to the subpoena Mr. Rothstein promised to move to hold the manager in contempt of court.  Mr. Rothstein then received the surveillance, which totally supported the client’s position (that all he did was try to take his credit card back) and showed that the client never pushed the manager.  When the DA confronted the complaining witness with the video she stopped cooperating and the case ultimately got dismissed.

June 24, 2015 – Assault Charges Dismissed Arising From Taping Of A Reality TV Show

The clients were arrested for assault (PL 120.00) during the taping of a reality tv show. Mr. Rothstein’s investigation revealed that the initial assault had been staged and the matter got out of hand.  The videos also showed that one client acted in self-defense of the other client and the other client’s actions did not rise to the level of assault. The complaining witness also alleged that the clients choked her (PL 121.11) but the videos showed that one client never put his arms around her neck while trying to restrain her and the other client was not in the area at that time.   After fully investigating the matter, the DA asked the Judge to dismiss the case.

June 19, 2015 – Settlement In Federal Torts Claim Act Case

While she was crossing the street, a car driven by a Secret Service agent hit her causing her to break her fibula. The government made only a small offer during the pre-suit administrative claim phase so Mr. Rothstein filed a lawsuit in federal court. In its Answer, the government claimed that the client was outside the crosswalk at the time of the accident. However, both the Police Accident Report and the agent’s own report refuted this claim. After some initial discovery, the case settled at a mediation with the Magistrate Judge assigned to the case.

June 12, 2015 – Civil Rights Case Settles During Trial

While being arrested, a police officer kicked the client in his jaw causing a bi-lateral fractured  mandible that required surgery to insert mental plates and screws. After Mr. Rothstein got the criminal case dismissed, he commenced an excessive force case against the City. Based on the arresting officer’s claim that the client had jumped on her back, hit her, and reached for her gun belt while she was arresting someone else, and the client’s admission that a civilian had punched him in the forehead moments before, the City declined to make a settlement offer and the case went to trial.Things did not go well initially but during his cross-examination of the police officer, Mr. Rothstein was able to show she had made numerous inconsistent statements about what occurred, had a poor understanding of the law, and would say whatever come to mind to cover up her mistakes.  Recognizing the damage that Mr. Rothstein inflicted on the officer’s credibility, the City decided that it wanted to settle the case and after 2 hours of back and forth negotiations, assisted by the Judge, the case settled.

May 28, 2015 – Family Court Case Withdrawn

Following the not guilty verdict on May 15, 2015 (see below), the woman withdrew her related Family Court petition seeking an Order of Protection after her lawyer read the trial transcript. The Judge suggested that the lawyer pay particular attention to Mr. Rothstein’s summation because it detailed the multiple problems with the case and the woman’s credibility.

May 15, 2015 – Not Guilty Verdict In Assault Case

The police arrested the client for assault (PL 120.00) based on an allegation made by a woman he had been dating for about a month. The woman’s allegations got more exaggerated with every move she made. Mr. Rothstein called two Police Officers who testified that woman denied there were prior alleged  incidents with the client despite her claiming many prior incidents at trial and in a Family Court petition that failed to mention an alleged rape that she later told the DA about. Mr. Rothstein subpoenaed her job application for a nursing home that revealed multiple lies, including the false claim that the client was her cousin.  In addition, Mr. Rothstein was able to find prior inconsistent statements about every important allegation in the case. The ADA assigned to the case and his supervisor initially agreed to dismiss the case after meeting with Mr. Rothstein and the client but their boss overruled the decision so the case went to trial.  At the end of the trial, the Judge found the client not guilty.

May 12, 2015 – Attempted Murder Case Dismissed

The police arrested the client for attempted murder (PL 110/125.25) for allegedly shooting someone after an argument in a store. Mr. Rothstein presented the DA’s Office with an alibi and convinced the DA to investigate the case before presenting it to the grand jury.  Following the investigation, the DA moved to dismiss the case.

April 24, 2015 – Judge Denies City’s Motion To Re-Argue Preclusion Order

Mr. Rothstein previously won a motion precluding the City of New York from offering evidence at trial in an excessive use of force case.  The City then moved to re-argue the decision.  The Judge issued a decision agreeing with Mr. Rothstein’s arguments and denied the motion. This gives the client an extraordinary advantage at trial.

April 22, 2015 – Settlement In Legal Malpractice Case

The defendants, a lawyer and his firm, failed to start a lawsuit for the clients before the statute of limitations expired. As a result, a significant portion of the clients’ case was dismissed. After several years of litigation, during which time Mr. Rothstein fended off multiple motions to dismiss and an appeal, the defendants settled the case shortly before trial was scheduled to begin.

April 22, 2015 – Trespass Case Dismissed For Doctor

The client, a physician, was arrested for trespassing (PL 140.15, 140.10) in his upstairs neighbor’s apartment after entering with the doorman to investigate a leak into his medical office.  Mr. Rothstein provided the DA with proof that this was the third leak and that the client was already suing over the first two, which caused thousands of dollars in damage.  Mr. Rothstein also provided the DA with the client’s cellphone video of the incident showing that the upstairs tenant allowed his bathtub to overflow. After initially declining to dismiss the case, Mr. Rothstein reached out to high level supervisor’s in the DA’s Office and brought the client in for a meeting. After getting a better understanding of the nature of the incident, the DA agreed to dismiss the case.

April 7, 2015 – ACDs In Assault And Contempt of Court Cases

The client was initially arrested for assault and criminal mischief (PL 120.00[3] and PL 145.00) for allegedly slamming a door into his roommate’s girlfriend’s foot and damaging a second door in their apartment. After being released from jail, the client texted the roommate to tell him not bring her back to the apartment. While the client was outside fixing his motorcycle the woman came by and called the police, who arrested the client for allegedly violating the Order of Protection (PL 215.50[3]) issued on the first case.  The client’s first lawyer was only able to obtain violation offers. After being hired, Mr. Rothstein pressed the DA to disclose which doors were allegedly used, the text messages, and the 911 call, because the SPRINT report did not mention any assault.  The DA was unable to provide any of the evidence and eventually agreed to the ACDs, which will result in dismissal and sealing.

April 7, 2015 – Dismissal And ACD In Theft of Services Case/Trespass Case

The client was arrested for Theft of Services and Trespass (PL 165[3] and PL 140.10) for entering the subway without paying.  The Theft of Services charge created serious career issues because the client works with banks regulated by FDIC Rule 19 and even an ACD could result in permanent disqualification from the industry.  After much discussion with the DA’s Office, Mr. Rothstein convinced the prosecution to dismiss the Theft of Services charge and give the client an ACD on the Trespass, which will result it its dismissal.

April 2, 2015 – 6-Figure Settlement In Medical Malpractice Case

The client was left with a clawed toed following a poorly planned and performed podiatric operation.  The terms of the settlement are confidential.

April 1, 2015 – ACD And Early Dismissal In Theft of Services Case

The client was arrested for using her child’s student MetroCard (PL 165[3]).  Based on the client’s recent college graduation (at age 53) and on-going job search, Mr. Rothstein was able to negotiate an ACD with dismissal and sealing in 3 weeks instead of the usual 6 months.

March 31, 2015 – Settlement In Car Accident Case

The client’s car was hit in the rear while stopped at a red light and suffered soft-tissue injuries. Mr. Rothstein was able to negotiate a pre-suit settlement with the other driver’s insurance carrier.

March 31, 2015 – Public Exposure Case Dismissed

The client was given a pink summons allegedly fondling his private parts on a public street (PL 245.01).  Given the nature of the allegation the client did not want to plead guilty even though it is only a violation and the original Judge would not offer an ACD. Thus, Mr. Rothstein used a strategy to create a speedy trial violation that resulted in the case being dismissed and sealed.

March 27, 2015 – Felony Assault Dismissed

The client was arrested for stabbing her then boyfriend with scissors (PL 120.05).  After meeting with the client it was clear that she acted in self-defense because the complaining witness punched and strangled her during a fight. After Mr. Rothstein provided the prosecutor with medical records and photographs showing bruising around the client’s neck, the DA agreed to drop the case.

March 25, 2015 – ACD In Shoplifting Case For Client Without Court Appearance

The client was arrested at Whole Foods for shoplifting (PL 155.25, 165.40). On the court date the client was out of the country on a pre-planned family vacation. Mr. Rothstein was able to negotiate an ACD without the client having to appear in court and the case will be dismissed and sealed in 6 months conditioned on the client performing 1 day of private community service upon the client’s return.

March 25, 2015 – Early Sealing and Dismissal In Marijuana Case

The police arrested client for possessing marijuana (PL 221.10).  Represented by a public defender at arraignment, the client accepted a marijuana ACD that would keep the case open for one year. The client is a college senior and Mr. Rothstein would have fought hard and used that fact to try and get the case immediately dismissed and sealed.  In any event, 6 months after accepting the ACD the client received a 6-figure job offer from a major Wall Street firm that would have been derailed when the ACD appeared on the criminal background check.  The client then hired Mr. Rothstein who advanced the case and convinced the Judge to immediately dismiss and seal it over the DA’s objection.

March 18, 2015 – Public Urination Case Dismissed

The police gave the client a pink summons for urinating on a public street (AC 116-18(6)). The client did not want to take any plea for fear it could effect his job so Mr. Rothstein used his detailed knowledge of the court procedures and a technique that few lawyers use that forced the Court to dismiss the case.

March 18, 2015 – ACD In Shoplifting Case For Tourist Without Court Appearance

 The client, a doctor from Italy, was arrested at Whole Foods for shoplifting (PL 155.25, 165.40). By the time of the court date the client had returned to Italy. Mr. Rothstein was able to negotiate an ACD without the client having to appear in court and the case will be dismissed and sealed in 6 months conditioned on the client performing 1 day of private community service in Italy.

March 12, 2015 – Dog Bite Case Dismissed

A co-tenant took a dog that was tied up at the workplace, without the owner’s permission, to another location where it escaped, jumped a fence and bit a stranger. The victim sued the owner and his corporation.  Rothstein Law represented the corporation, which had no insurnace. Following the close of discovery, Mr. Rothstein made a motion to dismiss the case on the ground that there was no evidence that the dog had vicious propensities. Following an oral argument, the Judge issued a written decision granting the motion and dismissed the case.

February 25, 2015 – ACD In Public Lewdness Case

The client was arrested for public lewdness (PL 245.00) for allegedly performing oral sex in Central Park. Based on the fact that the client had recently been granted asylum in this country and would soon apply for a Green Card, Mr. Rothstein was able to negotiate an ACD with community service and the case will end up getting dismissed and sealed.

February 20, 2015 – Fast Dismissal In Shoplifting Case

The client was arrested for allegedly shoplifting a jacket from Macy’s (PL 155.25, 165.40).  The client is not a U.S. citizen and is scheduled to fly to his home country in April to see his ailing father. Based on this extenuating circumstance, Mr. Rothstein convinced the DA to offer an ACD with dismissal and sealing as soon as the client completes the Stoplift program. As a result, the client will not have to worry about being denied re-entry when he returns to the U.S.

February 19, 2015 – Family Court Violation Petition Dismissed

After getting the client’s criminal case dismissed, Mr. Rothstein is representing the client in a related Family Court matter where the petitioner seeks an Order of Protection. The Petitioner filed a petition claiming that the client violated a temporary Order of Protection, which could have subjected the client to a permanent 5 year Order of Protection. Mr. Rothstein moved to dismiss the violation petition on the grounds that the first claim allegedly took place before the Order of Protection had been served on the client and that the other alleged violations were not prohibited by the Order. After reading the motion papers and the petitioner’s opposition, the Judge agreed with Mr. Rothstein in a written decision and dismissed the violation petition.

February 18, 2015 – Settlement In Commercial Case

Mr. Rothstein represented a client in a commercial litigation case that settled. Pursuant to a confidentiality agreement, the details cannot be publicly discussed.

February 5, 2015 – Settlement In Car Accident Case

The client was injured when his parked car was struck by another vehicle.  Mr. Rothstein previously obtained summary judgment, leading to a settlement, in the passenger’s case.  Subsequently, Mr. Rothstein used the prior summary judgment decision to negotiate a pre-lawsuit settlement for the driver.

January 23, 2015 – Fare Evasion Case Dismissed

The client was arrested for theft of services after failing to pay for a taxi ride while she was intoxicated (PL 165.15[3]).  Mr. Rothstein was able to negotiate restitution and immediate dismissal and sealing after providing the DA with a letter showing that the client was voluntarily seeking treatment for alcohol abuse.

January 9, 2015 – Assault Case Dismissed

The client was arrested for allegedly punching a man after he made rude comments to her in a nightclub (PL 120.00).  Mr. Rothstein advised the client not to accept any plea offer because she had a prior driving while impaired traffic infraction and a second conviction might adversely effect her in becoming an attorney.  After discussing the nature of the incident, and the likelihood that the complaining witness started it while intoxicated, the District Attorney moved to dismiss the case.

January 8, 2015 – Potential Felony Assault Case Dismissed

The client was arrested for allegedly assaulting her fiancee’s aunt with an object during a fight.  Although the police gave her a Desk Appearance Ticket for misdemeanor assault (PL 120.00), Mr. Rothstein immediately recognized the possibility that the DA’s Office would raise the charge to a felony because a weapon was allegedly use and the serious nature of the injury (PL 120.05).  Therefore, Mr. Rothstein contacted the DA’s Office prior to arraignment and learned that they were not raising the charge yet and would not seek bail.  However, at arraignment, the DA served notice of its intention to present the case to the grand jury.  While the case was pending, Mr. Rothstein learned that the DA mailed a grand jury subpoena to the client’s fiancee, who witnessed the incident. Mr. Rothstein told the client that he did not have to comply with the subpoena because mail was not proper service nor did he have to return the DA’s calls.  After several court adjournments, the DA moved to dismiss the case.

January 8, 2015 – Violation In Drug Case Avoids Immigration Problems

The client was arrested for misdemeanor drug possession (PL 220.03) and the DA initially refused to make any offer because of the client’s prior criminal record.  Mr. Rothstein spoke with the DA assigned to the case and noted that the client had not been arrested in over 7 years, had a full-time job, and that a drug conviction could make him deportable.  After negotiations, Mr. Rothstein convinced the DA to offer the client a violation (PL 240.20), which will not have any negative immigration consequences nor add to his criminal record.

January 7, 2015 – Felony Assault Case Dismissed

The client, and others, were arrested for allegedly assaulting someone who had just attacked their friend (PL 120.05).  Mr. Rothstein immediately subpoenaed the surveillance tape, which showed the client and the others chasing the man into a hotel and assaulting him.  Mr. Rothstein also subpoenaed the man’s name and contact information from the hotel where he was staying (where the incident started) and learned that he lived out-of-State and perhaps out of the Country. With this information, Mr. Rothstein advised the client not to accept any plea because it was unlikely that the complaining witness would testify in the grand jury and the case was eventually dismissed on speedy trial grounds. In addition, based on the facts and the video, Mr. Rothstein planned to advance an argument that the assault was justified because the client and the others were effecting a citizen’s arrest.

January 5, 2015 – City Settles False Arrest/Malicous Prosecution Case At Jury Selection

The client was arrested for allegedly aiding another person to sell drugs to an undercover police officer. After Mr. Rothstein got the case dismissed, he filed a civil case against the City and the police officers involved. Despite some challenging facts, including that the police had an arrest warrant, Mr. Rothstein was able to craft arguments to defeat the City’s dismissal motion.  The City then decided to settle the case just before jury selection.

December 16, 2014 – Sexual Abuse (PL 130.65) Case Dismissed

After the client caught his wife at a hotel with another man the tried to reconcile. When that failed and she flew off to be with her boyfriend she had the client arrested for sexual abuse claiming a variety of kinky and assaultive acts.  Mr. Rothstein provided the prosecutor with texts messages showing that the wife enjoyed such behavior as well as other documents showing the wife had a history of lying.  After meeting with Mr. Rothstein and his client the DA decided to dismiss the case.

December 16, 2014 – Expousre of a Person (PL 245.01) Case Dismissed

A Police Officer gave the client a pink summons for allegedly exposing his genitals while going to the bathroom at Grand Central Station.  The Judge agreed with Mr. Rothstein that the allegations showed nothing more than the client going to the bathroom and dismissed the case as facially insufficient.

November 24, 2014 – Court Denies Dismissal

The client slipped and fell on ice in the parking lot outside her home. Mr. Rothstein filed a lawsuit in a favorable venue and some defendants moved to either dismiss and others to change venue. The Judge agreed with Mr. Rothstein that the defendants failed to make a sufficient showing about who owned the parking lot and therefore venue was proper.

November 17, 2014 – Fare Evasion Case Dismissed

The client was arrested for theft of services after failing to pay for a taxi ride (PL 165.15[3]).  Mr. Rothstein was able to negotiate an restitution and immediate dismissal and sealing after providing the DA with an Affidavit from the client’s friend indicating that the client inadvertently left his wallet in her bag and that she went home by subway and by demonstrating that the client is enrolled at an Ivy League college.

November 10, 2014 – ACD For out-of-Country Client

The client was arrested for shoplifting (PL 155.25, 165.40) at Century 21 while visiting New York from India. Mr. Rothstein was able to negotiate an ACD and have the Judge waive the client’s appearance so she did not have to spend thousands of dollars to fly to New York for court.

October 30, 2014 – Assault Case Dismissed

The police arrested the client was allegedly assaulting (PL 120.00) two people (including a security guard) inside a club. Based on a recent Court of Appeals case, Mr. Rothstein convinced the DA’s Office that it had violated the client’s right to a speedy trial and the Judge dismissed and sealed the case.

October 29, 2014 – Six Figure Settlement In Legal Malpractice Case

The client agreed to settle her divorce case on the record in open court. The client then hired a new attorney who failed to read the proposed Judgment that was supposed to be based on the in court settlement.  However, the proposed judgment greatly favored the client’s spouse in ways not contemplated by the in court settlement. The Judge signed the proposed settlement because the client’s new lawyer did not oppose it.   After Mr. Rothstein deposed the lawyer it was clear he could not mount a real defense because his testimony was largely “I don’t remember” answers.  His insurance carrier then agreed to a significant settlement that will give the client sufficient funds to hire a new matrimonial lawyer to attempt to undo the damage caused by the prior lawyer.

October 22, 2014 – Dismissal In Open Container Case

The police gave the client a pink summons for having an open container of alcohol in public (AC 10-125). Despite the Court’s normal refusal to plea bargain this charge, Mr. Rothstein was able to convince the Judge to dismiss the case tomorrow based on the client’s being a law school student.

October 20, 2014 – Six Figure Settlement In Legal Malpractice Case

Following eye surgery, the client experienced significant pain that the doctor failed to timely treat causing significant vision issues. The client then sued the doctor but the Judge dismissed the case because her then lawyer failed to timely complete discovery. The client then retained Mr. Rothstein who, despite difficult causation issues, negotiated a six-figure settlement during a mediation.

October 20, 2014 – Youthful Offender And Time Served In Gunpoint Robbery Case

The client was arrested for allegedly hitting a delivery man with a gun and stealing his money in 2003 (PL 160.15[4]).  The client panicked and fled the country. Earlier this year, he contacted Mr. Rothstein and expressed his desire to return to deal with the case. Mr. Rothstein contacted a senior member of the DA’s Office who he knew and started to negotiate the client’s return. Given the age of the case, Mr. Rothstein was able to negotiate a youthful offender plea, so the client will not get a criminal record, and time served along with the DA’s promise not to charge the client with bail jumping. The police met the client’s plane, brought him to court, where he was released shortly thereafter.

October 16, 2014 – ACD In Resisting Arrest Case

The client was arrested for reckless driving (VTL 1212) and resisting arrest (PL 205.30) after allegedly making a turn without signalling. Mr. Rothstein was able to convince the DA that the arrest was likely bogus because the police reports corroborated the client’s statement that the police arrested him on the false belief that he was drunk and that he blew a 0.0 on the breathalyzer at the precinct.

October 2, 2014 – Unlawful Imprisonment And Assault Case Dismissed

The client met a woman outside a club and eventually took her to his apartment.  After they started fooling around it turned out that woman was an escort who wanted to get paid.  The woman then climbed out the fire escape and called the police claiming that the client threatened to kill her. The police arrested the client for unlawful imprisonment (PL 135.05) and assault (PL 120.00) and the DA declined to make any plea offer. After analyzing the situation, Mr. Rothstein decided that the woman would probably not cooperate with the DA and advised the client to push the case forward to in order to expose the woman and prove his innocence. Mr. Rothstein was right and the Judge dismissed the case when the DA’s speedy trial time elapsed.

October 1, 2014 – Early Dismissal And Sealing In Assault Cases 

The client was arrested for allegedly assaulting a tenant in his building on two occasions (PL 120.00).   Mr. Rothstein’s investigation revealed that the complaining witness was the instigator in both cases and that the client called the police.   The complaining witness showed little interest in prosecuting the case until he was arrested for assaulting the client’s wife.  Mr. Rothstein made a motion to dismiss based on a speedy trial violation but the Judge ruled the DA had 1 day left in its 90 day allotment. However, given the nature of the case and the risk of later dismissal the DA agreed to offer ACDs with dismissal and sealing in one day.

September 25, 2014 – Early Dismissal And Sealing For Client With Two Cases 

The client was first arrested, and given a DAT, for shoplifting (PL 155.25; 165.40).  Before the court date, the client got arrested again for possessing a knife (PL 265.01) but that DAT was not scheduled until after his Immigration Court appearance, which was problematical.   Through a contact in the DA’s Office, Mr. Rothstein was able to advance the second case so that it would be heard the same day as the first. At the court appearance, Mr. Rothstein negotiated an ACD on the knife case by convincing the DA that the Police Officer’s claim that the client had the knife in his hand while driving was questionable. Mr. Rothstein was also able to prove that the client was moving apartments at the time of the arrest, which is why he had the knife. Mr. Rothstein was able to leverage the questionable arrest, resulting in several hours in jail, to get an ACD on the shoplifting case rather than a more serious disposition. The client will do one day of community service and the cases will both be dismissed and sealed before the Immigration Court date.

September 23, 2014 – Public Urination And Public Exposure Case Dismissed 

The client, an out-of-state college student was given pink summonses for urinating in public (AC 16-118(6)), (PHL 153.09) and public exposure (PL 245.01).  Mr. Rothstein negotiated a deal where the client performed one day of private community service and the Judge dismissed and sealed the case.

September 19, 2014 – Shoplifting Case Dismissed 

The client, a City employee who suffers from a debilitating medical condition, was arrested for allegedly shoplifting at Macy’s  (PL 155.25; 165.45). Mr. Rothstein gave the DA overwhelming evidence of the client’s medical condition, including a direction from her doctor to report to the emergency room the day of the arrest for possible surgery, diagnoses her children received earlier the same week, receipts  showing that the client went to Macy’s to do a price reduction on previously purchased goods and bought additional goods after trying them on in 2 different sizes and inadvertently putting the size that did not fit in her bag before paying for the other. The DA accepted Mr. Rothstein’s assertion that the client’s mind was elsewhere and that the prosecution could never prove she intended to steal, a necessary element of the charge and agreed to dismiss the case.

September 19, 2014 – Early Dismissal In Shoplifting Case

The client, a high school senior at the time, was arrested for shoplifting (PL 155.25; 165.45) make-up and a dress to wear to her prom that night. Based on the aberrational conduct, and the worry that an open case would impact her summer job applications and college financial aid, Mr. Rothstein convinced the DA to offer an ACD with dismissal and sealing in 3 months without the need to do any community service or attend a stop-lift class.

September 18, 2014 – Parks Curfew Case Dismissed

The client, a senior as a prestigious university, received a pink summons for being in a New York City park after closing time, a misdemeanor under Park Rules section 1-03.  Mr. Rothstein was able to convince the Judge to dismiss and seal the case in one day so that the matter will not affect the client’s job search.

September 17, 2014 – Summary Judgment Granted In Car Accident Case

The client was rear ended when he stopped his car on a green light to allow an ambulance operating with lights and sirens to pass. The defense opposed the motion arguing that depositions had not been held and that the client stopped suddenly. The Judge rejected both arguments and awarded the client summary judgment on liability meaning that his deposition will be limited to damages only and interest is now accruing.

September 11, 2014 – Public Urination Case Dismissed

The client received a pink summons for public urination (AC 16-118(6)), (PHL 153.09).  Mr. Rothstein was able to get the case dismissed and sealed by establishing that the client had a medical condition that caused frequent urination.

September 10, 2014 – Early Dismissal And Sealing In Cocaine Possession Case

The client, who is not a United States citizen, was arrested for possessing cocaine outside a Manhattan nightclub (PL 220.03) and issued a Desk Appearance Ticket.  At the arraignment, Mr. Rothstein was able to get the client an ACD with dismissal and sealing in 2 months rather than the usual 6 months if the client completes a 4 hour drug course. The early sealing was very important to the client due to his international travel and will prevent potential problems re-entering the country.  Obtaining early sealing at arraignment is not easy to do at a DAT arraignment in Manhattan.

September 9, 2014 – Domestic Violence Case Dismissed

The client was arrested for allegedly pushing and attempting to hit a woman he had been seeing (PL 120.00; 240.26).  Mr. Rothstein’s investigation revealed that this complainant was a woman scorned and had the client and his mother (the only eye witness) meet with the DA to tell their side of the incident. Mr. Rothstein also provided the DA with a secretly recorded phone conversation between the client and a third person who the complainant alleged the client called to pressure the complainant to drop the case. This tape proved that no such call occurred.  After considering all the facts, the DA asked the Judge to dismiss the case.

September 9, 2014 – Petit Larceny Case Dismissed

The client was arrested for allegedly stealing money from the tip jar at a hot dog store (PL 155.25; 165.40).  The dispute centered on the clerk’s refusal to give the client bbq sauce. Although the prosecutor offered an ACD, the client wanted the case dismissed sooner than 6 months, which the DA would not consent to.  Mr. Rothstein did not think that the store clerk would sign a corroborating affidavit and suggested going for a speedy trial dismissal and the case subsequently got dismissed and sealed much sooner than had the client accepted the ACD.

September 5, 2014 – Settlement In Legal Malpractice Case

The client settled a motor vehicle accident but reserved the right to go after the carrier for no-fault benefits. After commencing that action, his lawyer inexplicably signed a stipulation discontinuing and releasing the claim with prejudice. As a result, the bulk of the client’s settlement went toward paying medical bills.   Mr. Rothstein was able to negotiate a pre-lawsuit settlement with the lawyer’s issuance carrier.

September 5, 2014 – ACD In Airport Stun Gun Case

The client came to New York on business and brought a stun gun, which is legal where she lives  but not in New York. The client was arrested (PL 265.01) when she went through security at the airport and the stun gun was found in her bag. Her public defender received a violation offer and was told that an ACD was out of the question. Mr. Rothstein put together a compelling set of letters of recommendation that he presented to the DA’s Office. After being turned down by the ADA assigned to the case, Mr. Rothstein went to his supervisor and was able to negotiate the ACD. The case will end up being dismissed and sealed.

September 5, 2014 – Immediate Dismissal In Fare Beat Case

The client was arrested for not paying his taxi fare (PL 165.15(3)).  Mr. Rothstein was able to negotiate a dismissal at the arraignment in exchange for paying restitution.

August 21, 2014 – Victory In DMV Refusal Hearing

The client was arrested for driving under the influence of alcohol (VTL 1192.3) and had his licensed suspended for failing to submit to a breathalyzer test (VTL 1194).  At the subsequent refusal hearing, the Police Officer testified that he told the client that his license could be suspended if he did not take the test but admitted that he did not read the written warnings on the refusal sheet (which he signed indicating that he did), which warn that in addition to suspension the license could also be revoked.  Following the Officer’s direct testimony, the Administrative Law Judge granted Mr. Rothstein’s motion to dismiss the case due to the issuance of inadequate warnings.

August 14, 2014 – Settlement In Dental Malpractice Case

While the client was at his dentist for a root canal, the dentist dropped a tool down into his mouth and it went down his throat because the  dentist failed to use a rubber dam. The dentist drove the client to the hospital where he spent 5 days until the tool passed out of his body. During his hospitalization the client was in pain and had reason to fear surgery would be needed to remove the tool before it passed naturally.  Mr. Rothstein negotiated a $50,000 pre-lawsuit settlement with the dentist’s malpractice insurance carrier.

August 13, 2014 – Assault Case Dismissed

The client’s ex live-in girlfriend had him arrested for assault (Penal Law 120.00[1]) after he told her that he wanted her to move out and would not give her money for a new apartment.  The client initially retained a lawyer who did not aggressively investigate the case. Once hired,  Mr. Rothstein gave the DA surveillance recordings of the alleged incident showing that not only was there no assault, the client and the complainant were not even in the same room. Mr. Rothstein also gave the DA cell phone records showing that the client was on his phone at the time of the alleged incident, something that was visible on the surveillance.  After fully investigating the case, the DA allowed it to be dismissed.   Mr. Rothstein i’s now trying to get the DA to prosecute the woman for filing a false police report.

August 13, 2014 – Renewed Lis Pendis Denied

The client is being sued by an attorney that she used to work for. At the start of the case, the lawyer filed several lis pendis against her properties so she could not sell them. On the day they were set to expire, the lawyer filed a motion to extend them. Mr. Rothstein opposed the motion on the ground that it was untimely. The Court agreed with Mr. Rothstein and the properties are no longer restricted from sale or borrowing.

July 31, 2014 – Two Bicycle On The Sidewalk Cases Dismissed

In unrelated cases, the clients each received a pink summons for riding their bicycles on the sidewalk in a manner that endangered other people, a misdemeanor pursuant to AC 19-176(c). In the first case, the Judge granted Mr. Rothstein’s motion to dismiss the case because the Police Officer wrote that the client was riding in the street and thus charged the wrong offense. In the second case, the Judge granted Mr. Rothstein’s motion to dismiss the case because the Police Officer failed to allege any facts other than that the client was riding his bike on the sidewalk and thus failed to show he was doing so in a manner that endangered anyone.

July 31, 2014 – Open Container Case Dismissed In The Interest Of  Justice

The client received a pink summons for having an open container of wine on the street (AC 10-126[b]) but failed to appear in court so a bench warrant was issued for his arrest. Mr. Rothstein was able to convince the Judge to dismiss and seal the case based on the fact that the client lived in Canada, had travled to New  York for the St. Patrick’s Day Parade, and is about the undergo a background search for a job interview in California.

July 22, 2014 – Same Day Dismissal In Open Container Case

The client received a pink summons for having an open container of beer on the street (AC 10-126[b]). Mr. Rothstein was able to convince the Judge to dismiss and seal the case the same day if the client attended a Quality of Life class, which he did.

July 16, 2014 – Early Dismissal And Sealing In Marijuana Possession Case

The police arrested the client for possessing marijuana (PL 221.05, UPM). At the arraignment, Mr. Rothstein convinced the Judge to dismiss and seal the case early so that it would not interfere with the client’s application for residency programs upon his upcoming graduation from medical school.

July 15, 2014 – 1 Day Dismissal In Marijuana Case (PL 221.10 and 221.05)

The police arrested the client for possessing burning marijuana in public. Based on the client’s pending job application, yearly college criminal background checks, and potential student loan issues, Mr. Rothstein was able to get the DA not to oppose early dismissal and sealing of the case and the Judge agreed to dismiss and seal it tomorrow.

July 9, 2014 – ACD In Shoplifting Case (PL 155.25, 165.40)

The client was arrested for shoplifting a very large amount of makeup from Sephora. Given the excessive value of the goods, the DA sought a guilty plea and community service. Mr. Rothstein refused the offer and personally met with the Assistant DA assigned to the case and convinced her to offer the client an ACD with 2 extra days of community service based on the client’s youth, potential student loan issues, and medical problems that resulted in her losing her job. The case will end up being dismissed.

July 8, 2014 – Assault Case (PL 120.00) Against A Police Officer Dismissed

The client is a Police Officer who was arrested based upon allegations made by his then girlfriend. The DA initially insisted that the client plead guilty to something but Mr. Rothstein advised him not to and began a comprehensive investigation that uncovered false statements made by the woman to a lawyer (not hers), a police union delegate, and the Captain who investigated the case. Mr. Rothstein also uncovered the report of a police psychologist concluding that the woman was not credible. Mr. Rothstein also turned up a police report questioning whether the woman and the DA assigned to the case had something more than a professional relationship. Faced with all these issues, the DA agreed to let the case be dismissed.

July 8, 2014 – Rape Case Dismissed (PL 130.25)

The client was charged with raping his then girlfriend who he was breaking up with after he caught her in lies about her background. Mr. Rothstein’s investigation revealed that the woman stole the client’s debit card and charged thousands of dollars without permission. In addition, Mr. Rothstein was able to present the DA will all the woman’s texts to the client both before and after the alleged rape and while she apologized for using his debit card she never once complained of being raped. After bringing the client in to meet with the DA to hear his side, the DA agreed to dismiss the case.

July 2, 2014 – Assault Case Dismissed

The client was arrested for allegedly hitting his wife during an argument (PL 120.00). Mr. Rothstein’s investigation revealed that the wife instigated the physical contact and that the client did not hit his wife, but merely pushed her away with an open hand in self-defense. The DA agreed to allow the case to be dismissed.

July 2, 2014 – ACD In Drug Possession Case

The client was arrested for possessing 3 bags of cocaine (PL 220.03). Based upon the dropsy allegations in the case Mr. Rothstein was able to convince the DA to give the client an ACD so the case will end up being dismissed and sealed.

July 1, 2014 – Licensing Lawsuit To Proceed

The client is suing a company owned by Yoko Ono for breach of contract in a licensing deal of the artwork of John Lennon. Shortly after Answering, defendants moved to dismiss the case alleging that plaintiffs failed to serve a necessary party. After listening to oral argument, the Judge denied the motion and the case will proceed.

June 26, 2014 – No Arrest In Food Stamp Fraud Case

The client was under investigation for filing a false application for food stamps (SNAP) that omitted her husband’s income. Mr. Rothstein was able to work out a generous re-payment plan (for far less than owed) in exchange for the client not being arrested.

June 23, 2014 – Public Urination Case Dismissed

The client, an 18 year old college student, was arrested for urinating in public (AC 16-118[6] and PHL 153.09). Based on the client’s age and lack of record, Mr. Rothstein convinced the Judge to dismiss the case in one week after the client performs one day of community service.

June 20, 2014 – Hospital Settled Loss Of Sepulcher Case

A hospital failed to timely return the deceased’s remains to the family for burial. Pre-suit, the insurance company declined to make any settlement offer and Mr. Rothstein filed a lawsuit. On the eve of trial, after Mr. Rothstein’s deposition of the doctor proved that the doctor totally dropped the ball, the hospital agreed to a settle the case.

June 17, 2014 – ACD In Forgery And Theft Of Services Case

The client was arrested for using a forged Long Island Rail Road monthly pass (PL 170.25 and 165.15(3)). Mr. Rothstein’s investigation showed that the client had been duped into believing she was buying a friends and family discount pass from a former supervisor. Mr. Rothstein was able to show all of the client’s prior legitimate monthly passes from the time she first began riding the train. Given the above, the DA agreed to an ACD with 1/2 month restitution and the case will end up being dismissed and sealed.

June 11, 2014 – Bribery and DUI Case Ends With ACD

The client was arrested for allegedly driving under the influence of marijuana. The Police Officer further claimed that the client offered him a bribe to let him go. Mr. Rothstein was able to show that there was never a bribe and the DA dismissed the charge and attempted to go forward on the DUI. However, Mr. Rothstein was able to show that the arresting Officer was totally unreliable because he claimed that the client had a strong odor of alcohol on his breath and was unsteady on his feet yet the client blew a 0.0 on the breathalyzer and passed every coordination test given by the Highway Officer. The DA eventually offered a non-charged swerving violation but Mr. Rothstein advised against accepting it because it would result in 3 points on the client’s license. The DA then tried to add the swerving change to the docket but the Judge agreed with Mr. Rothstein that the application was untimely. This left the DA only with an alleged marijuana charge based on the testimony of the unreliable Police Officer. After many phone conversations with a DA Supervisor, Mr. Rothstein got an ACD for the client so the case will end up getting dismissed and sealed.

June 2, 2014 – 6-Figure Settlement In Motor Vehicle Accident Case

A rented van struck the client’s parked car causing him injuries to his knee and nose. When the other driver failed to attend a deposition Mr. Rothstein got him precluded from testifying and then was able to use that advantage to gain summary judgment on liability. Following a settlement conference with the Judge, Mr. Rothstein negotiated a settlement that far exceeded his initial expectations for the case.

May 30, 2014 – Marijuana Case Sealed At Arraignment

The client was arrested for possessing marijuana (PL 221.10 and PL 221.05). Mr. Rothstein was able to get the client a marijuana ACD with immediate sealing resulting in dismissal.

May 28, 2014 – ACD In Century 21 Shoplifting Case

The client was arrested for shoplifting an expensive dress at Century 21 (PL 155.25 and 165.40). Despite the high cost of the item, Mr. Rothstein was able to convince the prosecutor to offer an ACD. The case will end up being dismissed and sealed.

May 14, 2014 – Early Sealing Granted At Arraignment In Marijuana Case

The client was arrested for possessing marijuana in a car (PL 221.10). The DA opposed an ACD because the client had a prior conviction for driving while under the influence of alcohol. The Judge agreed with Mr. Rothstein that the prior did not preclude the client from receiving an ACD. In addition, after Mr. Rothstein explained that the client was doing a job search the Judge agreed to dismiss and seal the case in 30 days rather than the usual one year.

May 13, 2014 – Open Alcohol Case Dismissed (AC 10-125)

The client, a paralegal at a law firm, received a summons for having an open bottle of alcohol on the street. The client wanted the case dismissed so it would neither affect her job or her application to become a lawyer. Mr. Rothstein declined all offers in the case and created a speedy trial defense that resulted in the case being dismissed and sealed.

May 12, 2014 – ACD In Fare Evasion Case (PL 165.15[3])

The client was arrested for letting someone (probably a tourist) through the emergency gate of a subway entrance after she used her Metrocard but did not know how to use the turnstile. A Police Officer saw this and demanded the client show ID, which he initially refused to show. The police then arrested the defendant for Obstruction of Governmental Administration, which was not a valid charge. The DA then charged the client with fare evasion and trespass. At arraignment, Mr. Rothstein used the DAT form showing the original Obstruction charge to support the client’s account and the DA consented to an ACD without any community service. The case will end up being dismissed.

May 8, 2014 – ACD In Criminal Mischief Case (PL 145.00)

The client damaged the window on a car after leaving a party but did not remember much about the incident due to intoxication. Nevertheless, Mr. Rothstein’s investigation revealed that the driver nearly ran the client over causing the client to lash out. Mr. Rothstein was able to use this fact, coupled with the client’s lack of a prior record, to get the client an ACD with 1 day of community service. The case will end up being dismissed and sealed.

May 5, 2014 – ACD In Grand Larceny Case (PL 155.35)

The District Attorney accused the client of stealing over $30,000 from her employer, a restaurant. The restaurant claimed the amount was over $100,000. After reviewing the documents, Mr. Rothstein convinced the DA that the provable amount was far less and negotiated an ACD with less than $2,000 in restitution. The case will end up being dismissed and sealed.

April 30, 2014 – New Jersey Shoplifting Case Dismissed

The police arrested the client for switching a price tag at Macy*s (2C:20-11B). The client is a green card holder who is looking for a job. At the first court date, the prosecutor refused to make a plea offer and Macy*s appeared. Mr. Rothstein adjourned the case because Macy*s had not produced discovery and picked a day when a different prosecutor would be in court. Mr. Rothstein then spoke with several high ranking people in the Macy*s Legal and Loss Prevention Departments to explain how devastating being convicted of the charge would be and asked Macy*s to consider consenting to dismissal. When no one from Macy*s appeared on the adjourn date, the Judge granted Mr. Rothstein’s motion to dismiss the case.

April 28, 2014 – Conditional Plea In DUI Case

The client was arrested in Brooklyn for DUI (VTL 1192.3) after colliding with another car and then refused to take a breathalyzer test. Given these facts, the DA initially refused to make the client any plea offer. Mr. Rothstein then had numerous discussions with the supervisor who oversees all the DUI cases in the DA’s Office. Initially, the supervisor offered a conditional plea that would have required the client to wear a scram ankle monitor for 90 days. However, after further discussion, the DA’s Office ofered the client the conditional plea, with an alcohol education class and community service, but no scram bracelet. If the client is successful, he will end up with a traffic infraction and not receive a criminal record.

April 8, 2014 – Court Denies Motion To Dismiss In Legal Malpractice Case

The clients sued their former lawyers for legal malpractice. Following the close of discovery, the defendants moved for summary judgment seeking to have the case dismissed on the ground that the statute of limitations had already expired at the time they retained their lawyers. Mr. Rothstein was able to show that this was not the case and the Judge denied the defense motion to dismiss. The case can now go to trial.

April 8, 2014 – Conditional Plea In DUI Case

The Nassau County police arrested the client for drunk driving after finding him stopped on the highway and he blew a .15 on the breath test given at the police station. The Nassau County DA has a tough policy on DUI cases but Mr. Rothstein was able to prove that the client stopped his car due to a mechanical issue and that his blood alcohol level was much less at the scene. As a result, the DA offered a conditional plea where the client has a chance to earn the traffic infraction of driving while impaired (DWAI) and avoid a criminal record.

April 2, 2014 – Fare Evasion Case Dismissed Before Original Court Date

The police arrested the client, a college student, for doubling up at a subway turnstile. The client had already accepted a summer internship at a well-known bank but faced the prospect of losing the job due to an impending criminal background check. Mr. Rothstein reached out to the DA’s Office and convinced them to bring the Police Officer in early to complete the Complaint so that the case could be advanced. Mr. Rothstein also arranged a meeting with a senior Assistant District Attorney to create a path to early dismissal and sealing. After doing one day of community service, the court granted the DA’ request to dismiss the case. Summer job saved!

March 26, 2014 – Immediate Dismissal And Sealing In Marijuana Case

The client, a recent college graduate, received a Desk Appearance Ticket for possessing marijuana but did not tell his parents. Instead, he opted to go to use with a public defender who did not properly advise him about the ramifications of accepting a marijuana ACD. As a result, the case showed up during a criminal background check after he was accepted for his first job. After telling his parents what happened they contacted Mr. Rothstein, who was able to convince the Judge to immediately dismiss and seal the case within 24 hours of being retained.

March 24, 2014 – Insurance Carrier Drops Declaratory Judgment Action

The client was injured while crossing the street when a taxi hit her. The taxi’s insurance carrier started a declaratory judgment action seeking to avoid paying the client’s medical bills under its no-fault policy. After Mr. Rothstein defeated the carrier’s summary judgment motion, it decided to discontinue the case.

March 21, 2014 – Assault Case Dismissed

The client was arrested for punching and kicking another man inside Penn Station. After hearing the client’s account, even before arraignment, Mr. Rothstein took steps to secure the surveillance recordings, which supported a self-defense claim. When the prosecutor disagreed, Mr. Rothstein began to prepare the case for trial. However, the client got arrested and jailed in Philadelphia. Mr. Rothstein then served written notice on the DA seeking to preserve the client’s speedy trial rights thereby forcing the DA to attempt to extradite the client. After the client’s release, Mr. Rothstein moved to dismiss the case based upon the DA’s failure to make a diligent attempt to extradite the client. The DA conceded its error and the Judge dismissed the case.

March 17, 2014 – Settlement In Pharmacy Negligence Case

The pharmacy erroneously gave the client twice the dosage that her doctor prescribed causing the client to lose her hair. After retaining a top dermatologist who specializes in hair issues, Mr. Rothstein was able to negotiate a settlement with the pharmacy’s insurance carrier.

March 17, 2014 – ACD In Century 21 Shoplifting Case

The client was arrested for shoplifting at Century 21 (PL 155.25 and 165.40). Based on the small amount involved and the client’s youth, Mr. Rothstein was able to convince the prosecutor to offer an ACD. The case will end up being dismissed and sealed.

March 12, 2014 – Summary Judgment In Auto Accident Case

A van struck the client while he was sitting in his parked car. Following the close of discovery, after Mr. Rothstein got the defendant precluded for failing to appear for a deposition, Mr. Rothstein made a motion seeking summary judgment on the issue of liability. After hearing oral argument, the Judge granted the motion and trial will be limited to the issue of damages.

March 12, 2014 – ACD In Assault Case

The client was arrested for assault following an incident at a bar. When his public defender was unable to get the prosecutor to make any offer (thereby subjecting the client to a possible criminal record), the client hired Mr. Rothstein. Upon reviewing the file, Mr. Rothstein discovered that the prosecutor had erroneously announced her readiness for trial presenting an opportunity for Mr. Rothstein to allege a speedy trial violation. After the discussing the legal and factual issues, the prosecutor offered an ACD so the case will end up being dismissed and sealed.

March 12, 2014 – Public Urination Case Dismissed On Medical Grounds

The client was arrested for Public Urination. Mr. Rothstein convinced the Judge to dismiss the case by presenting medical evidence of necessity.

March 6, 2014 – Settlement For Police Officer In Motor Vehicle Accident

The client, a NYC Police Officer, was injured when another vehicle crashed into the his police car while it was operating with lights and sirens causing a permanent facial scar. Pre-suit, the other driver’s insurance company made a small settlement offer that Mr. Rothstein rejected. After litigating and obtaining summary judgment on the issue of liability, the insurance company tendered its entire policy and settled the case.

February 26, 2014 – Drug Case Dismissed Early – Medical Career Saved

The client, a medical student, was arrested for misdemeanor drug possession. At his arraignment, his lawyer negotiated a deal that would leave the case open for 6 months before being dismissed and sealed but specifically told the client that early sealing was not possible. The client then called Mr. Rothstein who told the client that the lawyer was wrong and had ripped him off. The client needed early sealing or his medical career would be ruined because he is about to graduate and would have to submit to a criminal background check, to secure his residency, during the 6 month period that the case was going to be open. Mr. Rothstein contacted a senior member in the District Attorney’s Office and brought the client in for a meeting. After the meeting the prosecutor agreed to immediate dismissal and sealing in exchange for 2 days of community service. Career saved! Unfortunately, the client wasted a significant amount of money on a different lawyer who just wanted a big fee for doing little work.

February 24, 2014 – Assault Case Dismissed

The client was arrested for hitting his girlfriend. However, Rothstein Law’s investigation – including an interview with the girlfriend – showed that she hit and kicked the client multiple times before he hit her back in self-defense. Nevertheless, the prosecutor sought to have the client accept an ACD and a family Order of Protection. Mr. Rothstein advised the client to reject the offer and push for a trial. Upon seeing that the client was not going to back down, the prosecutor let the speedy trial clock run out and the Judge dismissed the case.

February 21, 2014 – Judge Denies City’s Summary Judgment Motion

The client is suing the City for false arrest following dismissal of his criminal case alleging that he took part in a drug sale. Mr. Rothstein’s investigation uncovered that the Detective gave different versions of what took place. The City moved to dismiss the case based on an arrest warrant. The Judge agreed with Mr. Rothstein that the motion was untimely and the warrant improper because it was not signed by a Judge. The case will now proceed to trial or settlement.

February 19, 2014 – ACD In Assault Case

A cab driver bumped into the client’s leg while he was walking back to his truck after making a delivery. After exchanging words, the client punched the cab driver through the window while he was seated behind the wheel of the taxi. Faced with tough facts, Mr. Rothstein was able to convince the DA to offer an ACD, rather than a harsher plea that one would expect, my producing a witness who confirmed that the taxi struck the client causing him to react in anger. The case will be dismissed in 6 months.

February 13, 2014 – Judge Agrees To Immediate Sealing In Marijuana Case

The client was arrested at the Electric Zoo concert for possessing alleged MDMA and marijuana. When the lab report on the MDMA came back negative the DA offered the client a marijuana ACD, which would remain open for 1 year. Mr. Rothstein made a compelling argument that but for the DA’s investigation into 2 deaths at the concert the client’s case would have been resolved months earlier and that having an open case for 1 year would hurt the client’s job prospects. Over the DA’s objection, the Judge agreed with Mr. Rothstein and immediately dismissed and sealed the case.

January 23, 2014 – City Settles Excessive Force Case

A Police Officer arrested the client after seeing her arguing with her boyfriend on the street. During the arrest, the Officer punched the client in her eye causing a fracture. The Police Officer alleged that the client was drunk and interfering with his efforts to arrest the boyfriend by jumping on the Officer’s back, and his partner’s, and reaching for his gun. During his deposition, the Officer denied striking the client. Mr. Rothstein was able to raise significant credibility issues about the Officer by demanding the Internal Affairs file, which included a tape recorded interview where he admitted striking the client. In that same interview the Officer failed to allege that the client jumped on his partner’s back. In addition, Mr. Rothstein pointed to a video of the aftermath posted on YouTube in which the client was screaming that the Officer punched her in the eye. Faced with this video and the Officer’s inconsistent statements the City elected to settle.

January 21, 2014 – Victory In DMV Refusal Hearing

After the client was arrested for allegedly driving under the influence of marijuana, the arresting officer claimed that he refused to submit to a urine test. This is serious because a guilty finding results in a 1 year suspension of your driver’s license regardless of what happens to the criminal case. At the hearing, Mr. Rothstein was able to show that the Police Officer lacked reasonable grounds to subject the client to a urine test and that the client never refused. The Judge found in the client’s favor and dismissed the case.

January 17, 2014 – Not Guilty Verdict In Attempted Assault Case

The client was arrested after her husband claimed she hit him during an argument. When the client’s original lawyer advised her to accept a plea bargain she fired the attorney and hired Eric Rothstein. Mr. Rothstein’s found that the client had made several inconsistent statements about the incident to the police and in a summons and complaint for a divorce. Mr. Rothstein’s cross-examination of the complaining witness was so effective that the prosecutor wrote a note to his supervisor, who was assisting him, that said “I am willing to throw in the towel if he will stop the fight” indicating that he knew that Mr. Rothstein was destroying the witness’ credibility. The judge found the client not guilty.

January 14, 2014 – Early Dismissal In Marijuana Case

The client was arrested for possessing marijuana. At arraignment, Mr. Rothstein convinced the prosecutor and Judge to dismiss the case in 30 days because of potential negative job implications.

January 13, 2014 – Shoplifting Case Dismissed

The client, with a lengthy criminal record, was arrested for shoplifting at a well known clothing store. The client claimed that he was returning clothing given to him as a gift so Mr. Rothstein subpoenaed the store’s surveillance recordings, which supported the client’s position. After Mr. Rothstein shared his findings with the prosecutor, she allowed the case to get dismissed.

January 13, 2014 – ACD In Criminal Mischief Case

The client was arrested for allegedly serving as a lookout while his friend affixed a sticker to a Transit Authority box in a subway station. The co-defendant plead guilty at his arraignment and had to perform community service. Mr. Rothstein advised the client to reject that offer and fight the case. After discussing the weakness of the case with the prosecutor, he relented and offered the client an ACD with no community service. The case will be dismissed and sealed.

January 9, 2014 – No Arrest In Food Stamp Fraud Case

The client was under investigation by the Human Resources Administration (HRA) for receiving SNAP (former known as food stamps) benefits when not legally eligible. Mr. Rothstein was able to negotiate a deal where the client paid back much less the amount owed with no arrest or criminal prosecution.

January 8, 2014 – Criminal Assault Case Dismissed

The client was arrested for allegedly assaulting his wife. Despite a non-cooperative witness the prosecutor failed to make a good plea offer so Mr. Rothstein advised the client to push for a trial. The prosecutor finally gave up and the case was dismissed.

January 6, 2014 – City Settles Inmate Slip And Fall Case

The client slipped on a wet floor that had been mopped by fellow inmates in the Manhattan Detention Center (a/k/a The Toombs). During the City’s deposition Mr. Rothstein got the Captain who investigated the matter to admit that the floor was still wet 15 minutes after the accident and that there were no wet floor signs in use. The City settled the case just before trial.

December 20, 2013 – Police Officer Awarded Summary Judgment

The client, a Police Officer, was injured when another vehicle crashed into his police car after failing to yield the right of way while the client and his partner were responding to an emergency call. During the defendant’s deposition, Mr. Rothstein got the other driver to admit he heard the siren yet entered the intersection despite a bus blocking his view. The Court granted Mr. Rothstein’s motion to determine liability against the other driver and the trial will be limited to the client’s damages only.

December 18, 2013 – City Settles False Arrest Case

The police arrested the client for allegedly selling marijuana but the District Attorney declined to prosecute the case because the Officer’s observations were non-specific and he lacked probable cause to arrest. After using the Freedom of Information Law to get the prosecutor’s Declined Prosecution Memo, Mr. Rothstein was able to negotiate a settlement with the City.

December 5, 2013 – Settlement In Loss of Sepulcher Case

A cemetery mistakenly buried the remains of the client’s sister in the grave reserved for the client. As a result of the error, the client cannot be buried next to her previously department husband. Despite denying the error in its Answer to the Complaint filed in federal court, Mr. Rothstein forced the cemetery’s President to concede the error during her deposition. The court then granted Mr. Rothstein’s motion for summary judgment after which the cemetery agreed to a financial settlement as well as planting of yew trees and providing free perpetual care on 8 plots.

November 26, 2013 – MDMA (Molly) Case Dismissed

The client was arrested entering a concert hall when security found several MDMA pills. At his arraignment, the prosecutor sought to treat the client harsher because of his profession. Following Mr. Rothstein’s advice, the client rejected the offer and Mr. Rothstein demanded a lab report. When the lab report showed no controlled substances, the DA was forced to move to dismiss the case.

November 20, 2013 – ACD In Shoplifting Case

In a NYC rarity, the client was arrested days after stealing a pair of shoes from a store when a salesperson recognized her on surveillance video. Mr. Rothstein negotiated a deal whereby the client returned the shoes in exchange for an ACD without any community service.

November 19, 2013 – 40 Year Old Criminal Case Dismissed

The client was indicted in 1973 for allegedly using stolen credit cards to purchase airline tickets. After being released on bail, the client left the Country before moving to Canada and the upstate New York. Recently, the client was denied entry into Canada because of his open case and a bench warrant. After being retained, Mr. Rothstein spoke to the District Attorney’s Office, which agreed not to oppose Mr. Rothstein’s motion to dismiss the case based on a speedy trial violation. The client will now be able to enter Canada.

November 12, 2013 – Settlement In Grave Breach Of Contract Case

20+ years after buying two burial plots from a funeral home, the clients found a stranger buried next to their father/husband. While the funeral home denied selling the graves, Rothstein Law’s investigation revealed that the funeral home and one of its principals had plead guilty to illegally buying and selling graves just a few years after the clients’ purchase (only a cemetery can buy/sell graves in New York). In addition, In addition, documents uncovered in discovery included a spreadsheet calculating the funeral home’s profits from grave selling. Following a 4 hour mediation, the funeral home agreed to a settlement package worth $96,300 that included $75,000 and a replacement grave.

November 6, 2013 – Federal Criminal Case Dismissed

In 2001, the US Attorney’s Office filed charges against numerous people in connection with a credit card scam. The client was out of the country at the time of the arrests and never returned. Recently, the client retained Mr. Rothstein to address the situation. After numerous discussions with the prosecutors assigned to the case, Mr. Rothstein convinced the US Attorney’s Office to dismiss the case and vacate the arrest warrant without the client having to appear in court.

November 1, 2013 – ACD And Early Dismissal In Subway Assault Case

The client was arrested for assault following a dispute with a stranger on the subway. Our investigation revealed that the complaining witness started the incident and refused medical attention. The client initially hired another lawyer who claimed for a month that the DA was not returning his calls. Unsatisfied, the client hired Mr. Rothstein who was able to immediately reach the DA and quickly resolve the case…. even getting it advanced so that it will be dismissed sooner.

October 16, 2013 – New Jersey Criminal Case Dismissed

The client was arrested for allegedly assaulting his girlfriend in their apartment in Hoboken, New Jersey. Mr. Rothstein met with the prosecutor and convinced her to dismiss the case contingent on the client and his girlfriend to attending couples therapy.

October 15, 2013 – ACD In Resisting Arrest/Attempted Assault Case

The client has arrested for resisting arrest and attempted assault on a Police Officer after failing to leave a restricted area in front of the Barclay’s Center just before the Video Music Awards. Using the client’s strong resume and letters of recommendation, Mr. Rothstein convinced the DA to offer the client an ACD.

October 11, 2013 – Early Sealing of ACD Case

The client was arrested for jumping a subway turnstile. While job hunting, and while represented by a public defender, the client accepted an ACD that did not seal for several months. Subsequently, a prominent bank offered the client a job as a Private Banker but then rescinded the offer when the arrest appeared on his background check because the matter had not yet sealed. Within 24 hours of being hired, Mr. Rothstein convinced the DA and the Judge to immediately seal the case. The bank reinstated the job offer.

October 3, 2013 – Early Dismissal of ACD Case

The client accepted an ACD in July 2013 that was scheduled for dismissal and sealing January 2014. On October 1, 2013, the client’s employer offered him a transfer to Singapore but it required a background check be performed on October 7. On the evening of October 2, the client e-mailed Mr. Rothstein asking if there was anything he could do to prevent the ACD from appearing on his background search. The following morning, Mr. Rothstein went to court, got the case advanced from January and convinced the Judge to immediately dismiss and seal the case. This immediate response saved the client’s transfer and is the type of client care that Mr. Rothstein strives for.

September 25, 2013 – ACD In Forged Instrument Case

The client was arrested for possessing a forged parking plaque. His case was complicated by the fact that he unknowingly parked in front of the building where the Police Commissioner lives and it was the eve of the July 4th weekend. As a result, both the NYPD and federal law enforcement agencies were alerted. Mr. Rothstein was able to cut through these complicating factors and convince the DA to offer the client an ACD with 2 days community service by demonstrating that the client meant no harm, which was evidenced by the plaque being a clear forgery, including misspelled word. The case will be dismissed in 6 months.

September 24, 2013 – ACD In Assault Case

The client was arrested for allegedly assaulting his upstairs neighbor following a noise dispute. The prosecution initially refused to make any offer in the case. After Mr. Rothstein presented alibi evidence that undermined the complaining witness’ claims of prior incidents, the prosecutor finally offered an ACD with restitution for medical expenses. However, Mr. Rothstein was able to prove that the complaining witness had medical insurance, making it look like he was just trying to pocket the money. After investigation the District Attorney agreed to a straight ACD and the case will be dismissed.

September 13, 2013 – Rothstein Again Selected For Inclusion In Super Lawyers

Eric Rothstein has been named to the Super Lawyers list as one of the top attorneys in New York for 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. Mr. Rothstein was named to the 2012 list as well.

August 29, 2013 – Judge Denies Defendant’s Summary Judgment Motion

A taxi cab hit the client while she was crossing the street. Following the close of discovery, the defendant moved for summary judgment alleging that the client did not suffer a “serious injury” as defined by the Insurance Law. Mr. Rothstein opposed the motion and presented reports/affirmations from three doctors stating that the client suffers from traumatic brain injury and cognitive impairments. After oral argument and considering the motion papers, the Judge denied defendant’s motion and the case can now proceed to trial.

August 26, 2013 – Open Container Case Dismissed

The client received a pink summons for Consumption of Alcohol (Administrative Code section 10-125) for drinking whiskey in front of a house. Mr. Rothstein convinced the Judge to dismiss the case because the summons failed to offer sufficient proof of the drink’s alcoholic content by volume as required by the statute.

August 9, 2013 – Taxicab Fare Evasion Case Dismissed

The client was arrested after failing to pay for a taxi ride. The client explained that upon arriving home she realized that she had lost her wallet at a bar so the cab driver took her back, where she left her pocketbook as collateral while she re-entered the bar to look for her wallet. When she could not find it the cab driver again drove her home where she intended to get another form of payment in her apartment and again left her bag as collateral. Unfortunately the client was not feeling well and passed out when she entered her apartment. Later, her buzzer rang and she thought it was neighbors trying to get in the building. Soon after she realized a police car was in front of the building so she went to the bathroom and upon return saw the police drive away. The next say she hired Mr. Rothstein who learned that the cab driver had filed a complaint. Mr. Rothstein obtained the surveillance video from the bar showing the client leaving, returning and leaving again and obtained an email from a bar employee advising the client that he found her wallet. Mr. Rothstein immediately contacted the District Attorney’s Office, shared the results of his investigation, and got them to meet with him and the client even before the initial court date because the client was facing a background search in less than a week and would get fired if the case as open. After the meeting, the DA agreed to let the client pay the cab fare and then dismiss the case.

July 31, 2013 – Judge Denies City’s Motion For Physical Exam

The client was injured in a slip and fall and sued the City. As part of the normal discovery process, the City had the right to have its doctor examine the client. However, the City failed to notice the examination and Mr. Rothstein placed the case on the trial calendar. 5 1/2 months later, the City moved to compel the examination and Mr. Rothstein opposed. The Judge agreed with Mr. Rothstein that the City waived its right to the exam. This will give the client an advantage at trial.

July 26, 2013 – Judge Denies Insurance Carrier Summary Judgment

Following a pedestrian knockdown, the driver’s insurance carrier filed a declaratory judgment action seeking an order that it did not have to pay the client’s no-fault insurance benefits on the ground that the client failed to attend an Examination Under Oath. Mr. Rothstein opposed the motion on the ground that despite knowing that the client did not have a lawyer it sent the hearing notices to an out-dated address. The Judge found a question of fact for a jury to decide and denied the insurance carrier’s motion.

July 22, 2013 – ACD In Robbery Case

The client was arrested for aiding a robbery after another man attacked the complaining witness and stole his phone while the client was speaking with him about money he owed the client. The prosecutor’s theory was that the client set the complaining witness up to be robbed. Rothstein Law’s investigation showed that the complaining witness was a drug user, a drug seller, and often stole from him friends. Mr. Rothstein took the client to meet with the prosecutor and after hearing his side of the story agreed to adjourn the case in contemplation of dismissal meaning that it will be dismissed in 6 months.

July 18, 2013 – Early Dismissal and Sealing of ACD

The client contacted Mr. Rothstein after being offered a new job, which requires a background check. The client had an open ACD that she accepted a few months ago with a different lawyer. Mr. Rothstein contacted the prosecutor and arranged to get the case dismissed and sealed in less than 48 hours so the case should not appear on the background check.

July 17, 2013 – Judge Upholds Attorney – Client Privilege

The client is suing her former lawyer for legal malpractice. As part of discovery, the defense demanded that the plaintiff provide them with authorizations for copies of her file with the attorney who represented her prior to the attorney being sued. Mr. Rothstein agreed to provide an authorization for the non-privileged portion of the file but objected to the privileged portion based on attorney-client privilege. After reading the motion papers, the Judge agreed with Mr. Rothstein and held that the client did not waive the privilege.

July 16, 2013 – Early Dismissal In Drug Possession Case

The client was arrested for possessing a few illegal pills and accepted an ACD and 3 drug counseling seasons represented by another lawyer. Subsequently, the client received a job offer requiring a background check. The client then hired Mr. Rothstein to get his case dismissed and sealed. Mr. Rothstein immediately reached out to a senior official in the District Attorney’s Office and arranged a meeting with the client. After the meeting, the DA agreed to dismiss and seal the case immediately if the client did 2 days of community service, which he did.

July 15, 2013 – Assault Case Dismissed

The client was arrested for assaulting a stranger on the street. At his arraignment, Mr. Rothstein presented evidence that the client was attacked first and simply defended himself. The District Attorney did not pursue the case and the Court dismissed it.

July 11, 2013 – Pill Case Dismissed

The client, and 3 others, were arrested in the parking lot of Citi Field on their way to a concert based upon a Police Officer’s allegation that he saw a bag of pills protruding from the driver’s knapsack and saw another bag of pills behind the driver’s seat. The Officer alleged that the client had been sitting in the front passenger seat. At the arraignment, the prosecutor initially offered the driver a violation and community service and the client, and the rear seat passengers, and ACD and 2 days community service. Mr. Rothstein told the prosecutor that he would not accept the offer because the Officer’s allegation about seeing the pills seemed suspect and this appeared to be a bad search, the client was nowhere near the pills, and because the client was starting a new job in September, which an open ACD might jeopardize. As a result of Mr. Rothstein’s stance, the prosecutor agreed to dismiss the case against all 4 defendants in 1 month.

July 10, 2013 – Settlement In Unlawful Eviction Case

The client’s landlord obtained a warrant of eviction and had the Marshall remove the client from his apartment despite the fact that he had paid his rent. After regaining occupancy in Landlord-Tenant Court the client came to Rothstein Law to pursue an unlawful eviction case. In an effort to defend the case the landlord appealed the Landlord-Tenant Court decision but lost. Based on that ruling, Mr. Rothstein moved for summary judgment, which caused the defendant to settle the case.

June 19, 2013 – Early Dismissal and Sealing of Marijuana ACD

Represented by another attorney, the client accepted a marijuana ACD following his arrest for possessing the drug. A marijuana ACD stays open for 1 year, which would have negatively affected the client’s job search. After being retained on June 17, 2013, Mr. Rothstein went to court the next day to get the case advanced for June 19 and then convinced the Judge to dismiss and seal the case today.

June 10, 2013 – ACD For Man Who Assaulted Woman

The client was charged with assault after he punched a woman who had butted into a dispute outside of his apartment. The prosecutor took a hard line approach because a man punched a woman. Mr. Rothstein went to the prosecutor’s supervisor and made and a strong case that while the conduct was not excusable the client should not be made to suffer simply because the victim was female and noted that she had not been hurt. After listening to Mr. Rothstein, the prosecution relented and offered the client an ACD with 1 day of community service meaning that the case will be dismissed and sealed in 6 months.

June 6, 2013 – Criminal Case Dismissed Within 3 Hours of Retention

The client received a summons for having an open container of alcohol a block from the St. Patrick’s Day Parade. The client put the summons in his jacket, which was stolen later that day. The client returned to an Upstate college and was unable to get anyone on the phone at the court to find out his appearance date. When school ended, the client returned to NYC and went to the court only to learn that his case had been called the day before and a bench warrant issued for his arrest. The client was unable to get his case heard because he arrived after the end time for warrant cases to be pulled. The client flew out of the Country that night as previously planned but would not be able to return with the warrant pending. In addition, the client is starting a new job in August and the company is going to a do background check next week. Within 3 hours of the client hiring Mr. Rothstein, he appeared in Court, got the warranted vacated and convinced the Judge to dismiss the case in the interest of justice.

May 31, 2013 – State of New York Settles False Arrest Case

The NYPD arrested the client and gave him a Desk Appearance Ticket. The client appeared in court when he was supposed to but the case was not ready. However, a Court Clerk mistakenly issued a bench warrant in the client’s name that was intended for someone else and the NYPD arrested the client and held him overnight before bringing him to court where the error was discovered and he was released. Mr. Rothstein went to the courthouse and obtained a copy of the Court calendar showing the docket number on the warrant belonged to the other person’s case and a copy of the sign in sheet proving that the client had appeared. Mr. Rothstein also reviewed the file and saw that the Court had placed a sticker over the client’s name because it had been erroneously placed on the file where the warrant was issued. Mr. Rothstein first sued in the Court of Claims in order to use the discovery process to learn the Court Clerk’s name and then sued him in Supreme Court where cases are worth more. After reviewing the documents that Mr. Rothstein collected, the State settled the case.

May 30, 2013 – ACD For Client In Europe

The client was arrested for shoplifting while on vacation in New York but returned home before her court date. Mr. Rothstein was able to obtain an Adjournment In Contemplation of Dismissal for the client without her having to come back to New York, thereby saving her thousands of dollars.

May 30, 2013 – Defendant’s Motion To Dismiss Denied

The case arose after a funeral home illegally sold the client a grave that had already been purchased by another family. The defendant filed a motion to dismiss the fraud and punitive damages claims. After oral argument, the Judge accepted Mr. Rothstein’s position and denied the funeral home’s motion to dismiss.

May 30, 2013 – Misdemeanor And 6 Months For 3 Robbery Charges

The client was indicted for 3 separate robberies where he would approach someone on the street, bump into them and drop a paper bag containing a bottle of water. The client would then blame the victim for the contact and claim the victim broke his $40 bottle of liquor, demand reimbursement and threaten violence if not paid. At arraignment, the prosecutor offered the client a felony and 5 years in jail. Mr. Rothstein then filed a motion asking the Judge to dismiss the case because the allegations described fraudulent accosting, a misdemeanor, not robbery. After reviewing Mr. Rothstein’s motion, the DA’s Office changed its view of the case and offered the client a single misdemeanor and 1 year, which Mr. Rothstein negotiated down to 6 months, despite the client’s lengthy criminal record.

May 21, 2013 – ACD in Criminal Contempt Case

The client was arrested for allegedly violating a court order of protection by twice going to her apartment to remove her property as part of a move out. Mr. Rothstein was able to demonstrate that the client has a good faith belief that the complaining witness had moved out of the apartment and thus there was no intentional violation. After meeting with Mr. Rothstein and the client the prosecutor agreed to offer an ACD, meaning the case will be dismissed and sealed in 6 months.

May 21, 2013 – Burglary Case Dismissed

The police arrested the client and charged her with burglarizing her own apartment after the person she sublet to claimed she stole his possessions. Mr. Rothstein’s investigation showed that the complainant was a scammer who had failed to pay the rent or utilities during the sublet period and was simply acting out because the landlord had sued to recover the apartment. After Mr. Rothstein and the client met with the Assistant District Attorney and showed photographs that belied the complainant’s claims, along with documentation of his non-payment, the prosecutor agreed to dismiss the case.

May 20, 2013 – Dismissal In Shoplifting Case (PL §§ 165.40, 155.25)

The client was arrested for shoplifting from Century 21 but admitted her guilt and was remorseful. Mr. Rothstein convinced the DA to move to dismiss the case in exchange for doing community service so that the records would seal and not interfere with the client applying to become a Pharmacy Technician.

May 17, 2013 – Grand Jury Dismisses Alleged Home Invasion Robbery

The clients, two young men, and their father, were arrested for allegedly breaking into the home of cousins and using bats to beat and rob them. Mr. Rothstein, working closely with the father’s attorney, undertook a detailed investigation to prove that the complaining witnesses made up the story after the police arrested one of them for trying to extort $40,000 from the father. Our evidence included over a dozen alibi witnesses, an I-phone sleep app showing that one of the kids was asleep at the time of the alleged robbery, and proof that one of the complaining witnesses lied in a related Family Court proceeding (which we also got dismissed). Critical to our success was convincing the prosecutor to make the complaining witness who was arrested for extortion waive his right to immunity before allowing him to testify in the grand jury. After considering the matter, the grand jury returned a no-true bill and dismissed the case.

May 8, 2013 – Deli Saved From Padlock Law Following Owner’s Arrest

The police arrested the client for possession of marijuana, pills and 2 handguns inside of his store. Subsequently, the Police Department’s Legal Bureau obtained an ex-parte court order to close the business. Initially, based on input from the local precinct Commanding Officer, the Police Department refused to make the client any offer that would allow him to re-open the deli and sought to force the client to either sell the business or permanently close. With the law and facts against the client, Mr. Rothstein obtained numerous letters of reference from members of the community and then enlisted the local City Council representative to present the letters to the Commanding Officer. The Commanding Officer was very impressed with the letters and changed his mind and told the Legal Bureau that he did not mind allowing the deli to re-open. Thereafter, Mr. Rothstein was able to negotiate a deal allowing the deli to resume business.

May 7, 2013 – DA Declines To Prosecute Drug Charge Due To Bad Stop

After pulling the client over for speeding, the police searched the client’s car without consent or just cause and found a pill bottle containing the client’s prescription medication as well as some prescription medication belonging to his father. The police arrested the client for Criminal Possession of A Controlled Substance and issued him a Desk Appearance Ticket. Mr. Rothstein began discussing the case with the DA’s Office before the initial court date and convinced the prosecutor that the search was unlawful. As a result, the DA declined to prosecute the case.

April 25, 2013 – Eric Rothstein Receives AV Preeminent Rating

I am honored to announce that after an extensive and confidential peer review by members of the Bar and Judiciary, Martindale-Hubbell has given me its highest
rating – AV Preeminent – in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell “AV Preeminent is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.” Martindale-Hubbel’s Peer Review Ratings reflect a combination of achieving a Very High General Ethical standards rating and a Legal Ability numerical rating. A threshold number of responses is required to achieve a rating. The General Ethical standards rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities. Those lawyers who meet the “Very High” criteria of General Ethical Standards can proceed to the next step in the ratings process – Legal Ability. Lawyers who receive the AV Preeminent status have been awarded the highest ratings for their professional ethics and legal ability by their peers. Fewer than 8% of attorneys achieve an AV Preeminent rating. This recognition follows my being named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.

April 25, 2013 – City Settles False Arrest Case

The police allegedly received an anonymous call of a man with a gun in a car. When the police arrived, the client was sitting in the car, registered to his girlfriend, which he had just picked up from her brother. The police did not find a gun but arrested the client for possessing marijuana they found inside the glove compartment. After the client spent 22 hours in custody waiting to see the Judge, the District Attorney declined to prosecute because the police failed to field test the marijuana. Mr. Rothstein filed a Notice of Claim against the City because the police lacked probable cause to arrest the client. The charged the police used required the marijuana to be burning or in plain view; neither of which applied. In addition, there was no proof that the client knew there was marijuana in the car, an element of the crime, because the automobile presumption does not apply to marijuana cases. After the Comptroller’s Office discussed the case with Mr. Rothstein, the City agreed to settle the claim without the need for a lawsuit.

April 9, 2013 – Civil Lawsuit Dismissed

The client’s former landlord sued him for abuse of process, civil harassment and infliction of emotional distress after the client sued him for wrongful eviction in Housing Court. At first, the client represented himself but then decided he should have a lawyer to represent him. After being retained, Mr. Rothstein immediately filed a motion to dismiss the case for failure to state a cause of action. After reviewing the motion papers, the Judge agreed with Mr. Rothstein’s position and dismissed the case.

April 5, 2013 – Bench Warrants Vacated For Out of Country Clients

The clients were arrested for shoplifting and issued Desk Appearance Tickets the day before they returned to their home country. When the failed to appear in court, the Judge issued bench warrants for their arrest. Mr. Rothstein contacted the District Attorney’s Office and negotiated a deal where the clients did community service in their country and then the warrants were vacated and the clients received Adjournments In Contemplation of Dismissal meaning the cases will be dismissed in six months if they are not re-arrested.

March 19, 2013 – Drug and Alcohol Possession Case Dismissed

The client was arrested outside the Best Buy Theater when a police officer say him holding a Poland Spring bottle of water and approached him. The Officer claimed he smelled vodka and began to search the client, finding an ecstasy pill, which resulted in his arrest. Mr. Rothstein took one look at the Criminal Court complaint and sensed an illegal search. During his conversation with the District Attorney, the prosecutor said the liquid was pink, prompting Mr. Rothstein to ask how the Officer knew it wasn’t pink lemonade. After speaking with the Officer, the prosecutor admitted that the search was problematic and moved to dismiss the case.

March 13, 2013 – Trespass Case Dismissed

The client was arrested for refusing to leave the hospital. What the charging document failed to advise the court is that the police were called to the client’s home by his ex-wife; the police forced their way into the house and then tasered the client before taking him to the hospital for a psychological examination, which he passed. By the time the police released him it was 5:40 am on a cold November day and the police had taken him to the hospital without shoes! The client refused to walk out of the hospital without shoes and asked the police to drive him home. When they refused, the client refused to leave so the police arrested him for trespass. After hearing Mr. Rothstein recite the full story the Judge dismissed the case.

February 28, 2013 – Fare Evasion Dismissed In The Interests Of Justice

The client and his wife were taking the PATH train with their infant children. The wife paid with her card and went through the gate with a stroller. The client then did the same but not before the gate closed so he unknowingly didn’t pay and the police gave him a pink summons. Mr. Rothstein showed the Judge 6 months of card records demonstrating that the client paid his fare every day, twice a day: once going to work and once going home. The Judge agreed to dismiss the case in the interests of justice.

February 25, 2013 – Violation In Felony Criminal Contempt Case

The client was arrested for allegedly assaulting his ex-girlfriend and the Judge issued an Order of Protection directing that the client have no contact with the woman. Thereafter, the client allegedly called, left a message, and texted the woman threats to drop the criminal case. The client was then charged with felony criminal contempt of court and tampering with a witness, charges that could have resulted in his deportation. After the second arrest, the client’s family retained Eric Rothstein to handle both cases. Our investigation proved that the woman baited the client by texting him at least 10 times after the court issued the Order of Protection. While this was not a legal defense, Mr. Rothstein was able to convince the prosecutor that a Disorderly Conduct plea was the appropriate outcome, especially given that the woman appeared motivated by her inability to recoup a loan to the client. In addition, the original case is going to be dismissed. Given these great outcomes, the client will not have any immigration problems.

February 14, 2013 – ACD In High Profile Subway Stabbing Case

The client was one of many teenage girls accused of riot and assault charges in connection with the stabbing of a Vietnam veteran on a subway; the case received wide spread media coverage. The District Attorney’s Office viewed the client as the second most culpable participant behind only the stabber and considered indicting the client on felony charges. Mr. Rothstein’s investigation, including having his investigator track down and interview an eye-witness, showed that the client’s role was much less serious than the prosecutor thought and therefore Mr. Rothstein brought the client to meet with the prosecutor to discuss the case. After that meeting, the prosecutor agreed to offer the client an Adjournment In Contemplation of Dismissal, which means the case will end up getting dismissed and sealed.

February 4, 2013 – Court Quashes Non-Party Witness Subpoena

Rothstein Law represents a woman who was injured when a taxi struck her while she was crossing the street. There is a factual dispute about whether the accident took place in the crosswalk. Following the completion of discovery defense counsel served a subpoena to depose an alleged eyewitness. Based on his investigation, Mr. Rothstein believed the witness’ testimony would be harmful to the client’s case so he filed a motion to quash the subpoena because the defense failed to take it while discovery was open and failed to show unusual or unanticipated circumstances. The Judge agreed with Mr. Rothstein’s position and quashed the subpoena.

January 31, 2013 – Youthful Offender Treatment In I-Pod Robbery

The client was arrested for forcibly stealing an I-Pod on the subway, a crime that the District Attorney’s Office has been cracking down on. Initially, the prosecutor and the Judge refused to offer the client Youthful Offender treatment, which would allow him to avoid getting a criminal record. However, Mr. Rothstein was persistent and retained a social worker to prepare a psycho-social evaluation. After numerous conferences, the prosecutor and the Judge relented and placed the client on interim probation. After successfully completing the interim probation the client was given Youthful Offender treatment, which means he does not have a criminal record.

January 28, 2013 – ACD In Aggravated Harassment Case

The client’s ex-girlfriend had him arrested for allegedly threatening her in multiple telephone calls. However, Mr. Rothstein obtained the client’s telephone records that showed no calls between the parties during the time alleged by the woman. Mr. Rothstein then served the prosecutor with a demand for a bill of particulars for the time and phone numbers allegedly involved. The prosecutor spoke to the woman who then claimed that she was confused about the days and changed her claim to a month earlier. Given the credibility problem this change in story created the prosecutor lowered his offer to an ACD, which will result in a dismissal.

January 11, 2013 – 6-Figure Settlement For Teen Who Caused Fire

The client received burns to his hand and arm after he caused a kitchen fire by frying chicken. The fire started when the client left the pot unattended to use the bathroom. When he returned to the kitchen, the client exacerbated the situation by trying to douse the fire with water. However, the apartment’s smoke detector failed to work. Rothstein Law’s investigation showed that the family had moved in less than 1 week before and that the smoke alarm, which was electrical, had not been connected. The building’s insurance company initially refused to make an offer because the client’s father signed a lease indicating that the alarm was working when he signed it. However, Mr. Rothstein got the Property Manager to admit during his deposition that the alarm did not work when he tested it after the fire. As a result of this admission, the carrier changed position and the case settled for a 6-figure number.

January 9, 2013 – Not Guilty Verdict In Robbery Case

The client was accused of robbing a wheelchair bound man in the vestibule of his apartment building lobby. On its face, the complaining witness appeared to be a sympathetic figure. However, Mr. Rothstein’s investigation revealed that he has been a criminal and drug addict since age 8, lied to his doctors and a Judge, and failed to notice that the client had a large skin discoloration running from his neck to forearm and a large tattoo from the forearm to wrist. The failure to notice these physical characteristics proved fatal to the prosecution because Mr. Rothstein established that the complaining witness had seen the person who attacked him 30-60 times in the one or two months before the incident. Mr. Rothstein was able to convince the jury that the client was the victim of a mistaken identification. Mr. Rothstein shredded the witnesses’ credibility and reliability while also vigorously attacking the police work. Mr. Rothstein’s investigation established that the arresting officer nominated himself for Cop of the Month for making the arrest but forced the DA to concede that the officer’s performance had been “mediocre” and not worthy of the award. The jury returned its not guilty verdict in only 35 minutes.

December 17, 2012 – City Withdraws Motion To Dismiss

Rothstein Law filed a malicious prosecution case in federal court on behalf of the client after his criminal case was dismissed because the evidence presented to the grand jury was legally insufficient. The complaint raised both federal and State law claims and alleged that the police lied to the grand jurors. The federal Judge dismissed the federal claims based on a newly decided U.S. Supreme Court case giving immunity to testimony give before a grand jury and declined to hear the State law claims. Thus, Rothstein Law re-filed the State claim in State court. The City then made a motion to dismiss claiming that State law also gave immunity to testimony before a grand jury and on collateral estoppel issues. The City’s argument was baseless because New York does not immunize perjured testimony and because the federal Judge never decided the merits of the State law claims. Therefore, Mr. Rothstein asked the City attorney to withdraw it. When she refused, Mr. Rothstein drafted a response that sought costs and sanctions based upon a prior baseless argument the same attorney made in an earlier case. Mr. Rothstein then gave the attorney a draft of the motion and asked that she review it with her supervisors. After doing so, the City agreed to withdraw the motion.

December 12, 2012 – Shoplifting Case Dismissed

The client, who was arrested at Century 21 for shoplifting (Penal Law § 155.25) and Criminal Possession of Stolen Property (Penal Law § 165.40) is not a U.S. citizen and was scheduled for fly home later this week in order to get engaged to be married. The District Attorney initially offered the client an ACD and community service meaning the case would be adjourned for 6 months and then dismissed and sealed. However, because the case would technically remain open during the 6 month period, Immigration would have the discretion to deny re-entry to the U.S. Mr. Rothstein reached out to a high ranking official in the District Attorney’s Office and then took the client in for a meeting. As a result of the meeting, the District Attorney agreed to dismiss the case in the interests of justice and the client will not have any immigration problems.

November 21, 2012 – ACD In Family Court Attempted Assault Case

The client, a teenager, was arrested for attempted assault following a fight in a park. Based upon the time reported by the complaining witness, Mr. Rothstein was able to present a strong alibi defense. Based on this defense, the prosecutor offered the client an ACD, meaning the case will was adjourned for 6 months and will be dismissed if the client does not get into further trouble.

November 14, 2012 – Endangering The Welfare Of A Child Case Dismissed

The client was arrested for allegedly leaving his six year old child at home alone in the middle of the night. The client’s original attorney told the client that the prosecutor did not need any corroborating affidavits based upon the way the police officer drafted the complaint. When the client decided he did not like the lawyer’s attitude he came to Rothstein Law. After reviewing the complaint, Mr. Rothstein believed that the prosecution needed two supporting depositions, which they failed to timely obtain. Eventually, the prosecutor conceded that Mr. Rothstein was correct and the case was dismissed due to a speedy trial violation.

November 7, 2012 – ACD In False Police Report Case

The client was robbed and beaten after leaving a bar highly intoxicated. At the hospital, he told the police that he was robbed in his elevator, although he really didn’t recall. After getting the surveillance video from the elevator showing that client riding alone, the police arrested the client for falsely reporting an incident in the third degree. The client’s RAP sheet showed a disorderly conviction from 1983 that should have been sealed. The prosecutor initially offered the client another disorderly conduct and community service. While discussing the case, Mr. Rothstein realized that the DA did not know the client had truly been robbed and treated at the hospital. After showing the prosecutor the client’s medical records, which confirmed the client was intoxicated, the DA offered an ACD. A seperate judge then granted Mr. Rothstein’s application to seal the 1983 case.

October 18, 2012 – Mistrial In Robbery Re-trial

Following a hung jury (see June 1, 2012 news item), the prosecution re-tried the case. Despite failing to identify the client at the arrest scene or during the first trial, where he testified he could not ID, the eye-witness suddenly ID’ the client during the re-trial. During a recess, Mr. Rothstein asked the prosecutor why the witness could all of a sudden ID and the prosecutor mentioned that he had shown the witness a single photo of the client on three seperate occassions. Mr. Rothstein immediatly asked the Judge for a mis-trial because the prosecutor failed to give proper pre-trial notice of these ID procedures. After giving the lawyers time to do legal research, the Judge granted the mistrial. The prosecution will not have to try the case a third time if it wishes to pursue a conviction and the witness is precluded from making an ID.

October 16, 2012 – Settlement In Oil Spill Case

Rothstein Law represented a condo that had 7,501 gallons of #6 oil spilled into its storage room because the delivery company used the wrong fill hole after the company that removed the old tank failed to properly cement the line. Our investigation revealed that the person who certified the removal actually worked for the company that did the removal. After all the parties were deposed, defendants announced their desire to do numerous non-party depositions of the condo’s employees. Mr. Rothstein drew a line in the sand and said he would not negotiate and would take a verdict due to added costs to his client in taking these depositions. Defendants then asked to mediate and the case settled.

September 24, 2012 – Eric Rothstein Selected For Inclusion In Super Lawyers

Eric Rothstein has been named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

September 14, 2012 – Misdemeanor For Possessing 100 Decks of Heroin

The client was one of four people arrested in a car with heroin. The client came to Rothstein Law and admitted his guilt, seeking to get the best deal possible and looking for the DA to drop the charges against the others. Mr. Rothstein spoke with the DA who initially offered the choice of a felony and probation or a misdemeanor and one year in jail. Mr. Rothstein asked the DA to meet with him and the client so the DA could fully evaluate the situation. After the meeting, the DA allowed the client to plead guilty to a felony and a misdemeanor but deferred sentencing for one year. If the client stays out of trouble for the year, he will be allowed to withdraw the felony plea and receive probation on the misdemeanor. The DA also agreed to dismiss the charges against the others.

September 12, 2012 – Settlement In Excessive Force Case

The client was a resident at a shelter on Ward’s Island and suffered a fractured leg when a guard threw him to the ground. After filing a lawsuit, Rothstein Law commenced settlement negotiations with the City and the private company that manages the facility. Eventually, the parties met with the Judge assigned to the case and reached a settlement that fairly compensates the client for his injury.

September 7, 2012 – Summary Judgment In Cemetery Case

A cemetery buried the remains of the client’s sister in the grave reserved for the client. As a result, the client cannot be buried next to the remains of her deceased husband. After competing discovery, the cemetery moved to dismiss the case and Rothstein Law cross-moved for summary judgment on liability. The Judge granted our client summary judgment on her breach of contract claim and denied the cemetery’s motion to dismiss the violation of the right of sepulcher claim resulting from burying her sister’s remains in the wrong grave.

August 27, 2012 – Time Served In Drug Possession Case

The client was arrested for possessing drugs. The District Attorney initially offered him drug treatment and community service. After exploiting the weakness in the prosecution’s case, Rothstein Law obtained a plea to a violation, not a crime, and time-served.

August 1, 2012 – Violation Of The Right Of Sepulcher

– read about my case in today’s Daily News
http://articles.nydailynews.com/2012-08-01/news/32986077_1_medical-school-cadavers-for-medical-students-chief-medical-examiner
http://articles.nydailynews.com/2012-08-01/news/32986077_1_medical-school-cadavers-for-medical-students-chief-medical-examiner

July 27, 2012 – Settlement With Medicaid Avoids Criminal Prosecution

The Fraud and Investigations Unit at Medicaid sent the client a letter requesting that she appear with documents to support her eligibility for nearly $40,000 in benefits she had received. The client feared being arrested and losing her job so she hired Rothstein Law. After negotiations, Rothstein Law was able to reach an agreement whereby Medicaid reduced the amount it sought, waived interest and permitted the client to make monthly reimbursements without an upfront payment and without a criminal prosecution.

June 28, 2012 – DA Declines To Prosecute Sexual Assault Allegations

A well-known businessman called Rothstein Law after the police sought to question him because two former clients accused him of sexual assault. Rothstein Law spoke to the police and thereafter undertook an investigation into the matter. Mr. Rothstein and the client then met with the police and provided documentary evidence refuting the allegations. After considering our submissions, the District Attorney declined to prosecute the client and closed the case. The client was not arrested.

June 22, 2012 – Medical Malpractice Case Restored

A Judge dismissed a colleague’s medical malpractice case when he failed to attend a court conference. Facing a potential legal malpractice case, the lawyer turned to Rothstein Law for help. Mr. Rothstein investigated the circumstances of the default, the merits of the case, and then filed a motion to vacate the dismissal and restore the case. Mr. Rothstein’ detailed legal research found nearly identical cases excusing defaults for the same reason the attorney had for missing the conference. The Court granted the motion and the case will now proceed on its merits.

June 18, 2012 – Lawyer Settles Legal Malpractice Case

The client had his case dismissed because his attorneys repeatedly failed to appear for a pre-trial conference. Rothstein Law successfully moved for summary judgment on negligence and proximate cause leaving only the issue of damages for trial. The lawyer paid the full settlement Rothstein Law was seeking at the final pre-trial conference.

June 5, 2012 – ACD In Theft Case

The client was arrested for shoplifting at an Anthropologie store. The store guard claimed that he had previously detained the client for shoplifting and issued her a trespass warning banning her from the store. As a result, the District Attorney’s Office threatened to charge the client with burglary. The client denied being in the store before the arrest but the prosecutor refused to investigate her alibi. Rothstein Law then called the Deputy Chief of the Criminal Investigation and convinced him to have the prosecutor investigate our client’s claim. Rothstein Law then provided work records and a credit card statement proving that the client was in New Jersey at the time of the first incident. After confirming the authenticity of these documents, the prosecutor offered our client an ACD; the case will end up being dismissed and sealed.

June 3, 2012 – 5 LI cops demoted for being… Republicans?!

— Read about my case in today’s New York Post.
http://www.nypost.com/p/news/local/queens/republicans_iekdoknaYK3O5H3dRUA55N

June 1, 2012 – Hung Jury On Robbery and Assault Case

The client was charged with being one of two men who robbed and assaulted a paraplegic man confined to a wheelchair. While the co-defendant was convicted, the jury could not agree on a unanimous verdict regarding Rothstein Law’s client and the Judge declared a mistrial. Mr. Rothstein highlighted the distinctive facial and body features that the complaining witness failed to describe to the police and the Police Department’s failure to do a thorough investigation. Mr. Rothstein also did a comprehensive investigation into the complaining witness’ background, uncovering 20 criminal convictions.

May 21, 2012 – ACD In Assault On Corrections Officer Case

The client was arrested for assaulting an off-duty Corrections Officer who was working as a security guard at a bank. Despite the client’s lack of a criminal record, the District Attorney’s Office refused to make any plea offer because of the complaining witness’ status as a Corrections Officer. Rothstein Law then subpoenaed the surveillance video from the bank, which showed that the Corrections Officer was the aggressor and pushed our client after he left the bank. Once Rothstein Law shared the contents of the surveillance with the District Attorney’s Office, it decided to offer an ACD and the case will end up being dismissed and sealed.

May 16, 2012 – ACD In Public Lewdness Case

Our client was arrested for engaging in oral sex in a parked car near the Westside Highway at 3 am. Despite the fact that the client was 48 years old with no prior record, the Assistant District Attorney wanted him to plead guilty to Exposure of a Person. In Mr. Rothstein’s view, this was a ridiculous offer and would have subjected the client to employment problems if anyone did a criminal background check while the case remained unsealed. Therefore, Mr. Rothstein spoke with the ADA’s supervisor and when he did not get what he wanted, he them spoke with the Bureau Chief and convinced him to offer the ACD, which will result in the case being dismissed. Our persistence paid off for the client.

May 10, 2012 – Settlement In Pharmacy Prescription Mis-Fill Case

The client took a prescription to a well-known pharmacy but the pharmacist misread it and gave her the wrong medication. The client unknowingly took the wrong medication for almost 4 months suffering sleepiness on the job, dry mouth, pain, swelling and weight gain. Once her doctor discovered the mistake and gave her a new prescription, the client returned to normal. After offering only a token settlement pre-suit, the pharmacy paid a significant settlement on the eve of a settlement conference with the Judge.

April 17, 2012 – Settlement In Elevator Drop Case

The client suffered a hairline fracture to her ankle when her building’s elevator suddenly dropped. The client used medical devices for about 3 weeks and then was able to walk normally. Rothstein Law’s investigation revealed that the building engaged an outside company to maintain the elevator, which it repaired a short time earlier. We also learned that the building failed to obtain insurance coverage for the elevator company as required by its contract. Relying on these facts, and the doctrine of res ipsa loquitir, Rothstein Law convinced the building, and the insurance carriers for the building and maintenance company to share in a pre-suit settlement and pay the client’s medical bills.

April 16, 2012 – Civil Case Settles During Jury Selection

A taxi struck the client while she was walking in a crosswalk. However, the taxi cab driver claimed that while his cab “touched” the client’s boyfriend, it did not strike the client and that the accident did not take place in the crosswalk. Rothstein Law worked hard to prepare the case for trial. After deposing the taxi cab driver, we located an eyewitness, who had been a passenger in the cab, and took her video deposition because she lived in Texas, which we planned to play for the jury. The witness testified that the accident took place in the crosswalk and that the driver was speeding. As a result of the accident, the client suffered shoulder injuries and post-traumatic stress disorder. Some of defendant’s doctors confirmed these injuries and we subpoenaed them to appear at trial. Give all our preparation, it was clear to defense counsel during jury selection that we were ready to go and, with the Judge’s help, he was able to convince the insurance carrier to get serious and settle the case for a good number.

April 13, 2012 – City Settles Unnecessary Jail Case

The client was arrested for resisting arrest, and other related charges, after a dispute with her boyfriend. During the incident, a police officer punched the client in the face fracturing her orbital socket. Despite the client having no criminal record, the District Attorney initially refused to make any plea offer and insisted she plead guilty and do 5 days of community service in part because the officer alleged that the client tried to grab his gun. Rothstein Law then took the client to speak to the Assistant DA assigned to the case and her supervisor and noted that the officer failed to record this serious allegation anywhere, especially the Criminal Court complaint. After hearing the client’s side, the DA agreed to an ACD and the case will get dismissed. The client will now filed a federal civil rights case against the City and police officers involved.

April 3, 2012 – Judge Denies “Serious Injury” Dismissal Motion

The client received a facial scar when the cab he was riding in lost control and crashed. Following the close of discovery, defendant moved to dismiss the case arguing that the client did not suffer a “serious injury” under the Insurance Law. Although the defendant submitted the affirmation of an orthopedist, he failed to present any medical evidence or photographs of the scar. The Judge agreed with Rothstein Law that defendant failed to meet his burden to establish its right to dismissal. Thus, the Judge denied the motion and the case will proceed to trial or settlement.

September 7, 2012 – Summary Judgment In Cemetery Case

A cemetery buried the remains of the client’s sister in the grave reserved for the client. As a result, the client cannot be buried next to the remains of her deceased husband. After competing discovery, the cemetery moved to dismiss the case and Rothstein Law cross-moved for summary judgment on liability. The Judge granted our client summary judgment on her breach of contract claim and denied the cemetery’s motion to dismiss the violation of the right of sepulcher claim resulting from burying her sister’s remains in the wrong grave.

August 22, 2012 – Pre-Suit Settlement In Sidewalk Trip and Fall Case

The client fell in front of a large office building but left the scene on her own without reporting the accident to any building employee. While the building’s claim adjuster initially took the position that the accident might have taken place somewhere else, Rothstein Law was able to convince the adjuster that this was untrue based upon documents we gathered showing that the client had just left a restaurant next door coupled with a taxi cab receipt for the trip to her doctor. After several rounds of negotiations, Rothstein Law settled the claim without the need for a law suit.

August 1, 2012 – Violation of the Right of Sepulcher

– Read about my case in today’s Daily News.
http://articles.nydailynews.com/2012-08-01/news/32986077_1_medical-school-cadavers-for-medical-students-chief-medical-examiner
http://articles.nydailynews.com/2012-08-01/news/32986077_1_medical-school-cadavers-for-medical-students-chief-medical-examiner

March 27, 2012 – ACD In Resisting Arrest Case – Excessive Force Suit To Follow

The client was charged with resisting arrest after a dispute with her boyfriend. Despite having no prior arrests, the DA initially sought to have the client plead guilty to the charge because the police officer claimed she reached for his gun, something he failed to state in the Criminal Court complaint. During the arrest, the officer punched the client in the face, fracturing her orbital socket. Rothstein Law convinced the DA to meet with the client and after getting the chance to assess her in person, the DA believed the client and offered her an ACD, which will result in a dismissal. A civil lawsuit against the police officer will not follow.

March 26, 2012 – Felony Stabbing Case Dismissed

The client was charged with stabbing her boyfriend during an altercation. Rothstein Law’s investigation revealed that our client was actually the victim of domestic violence. After reviewing the matter, the District Attorney agreed and the case was dismissed.

March 22, 2012 – Judge Orders Grand Jury Minutes Unsealed

Rothstein Law represents a man in a false arrest/malicious prosecution case against the City and some of its police officers who arrested him for a drug sale. In order to establish our case, we wanted to obtain the officers’ testimony before the grand jury, which is normally sealed by law. After the State criminal court judge denied our motion to unseal, Rothstein Law moved before the federal court judge who is supervising the law suit and she agreed that we could not obtain the information any other way and ordered them unsealed. Our client will now be able to see if the officer’s testified falsely about him as he claims.

March 19, 2012 – Judge Strikes Discovery Demands

Rothstein Law represents a woman trying to collect $100,000 plus interest that she loaned to an attorney. The attorney served numerous discovery demands, interrogatories and a Notice To Admit seeking to avoid the costs of taking our client’s deposition. Rothstein Law moved to strike the discovery demands as improper and the Court agreed, striking the interrogatories and Notice to Admit entirely and limiting the discovery demands.

February 27, 2012 – Court Grants Motion To Vacate Conviction – Deportation Halted

While represented by another attorney, the client plead guilty to a felony drug charge. While serving his sentence, the federal government began deportation proceedings against him. Rothstein Law made a motion to vacate the conviction on the grounds that the client’s attorney failed to warn him about the immigration consequences of his plea and that the attorney had a conflict of interest. After reviewing Mr. Rothstein’s motion papers, the District Attorney conceded and the Court vacated the conviction, which will stop the immigration proceedings.

February 27, 2012 – DA Concedes Speedy Trial Violation – Case Dismissed

The client, and others, were arrested for trespassing in a Housing Authority building. Despite offering the others favorable pleas, the DA refused to offer the client any plea in an effort to force her to cooperate in another case, which the client refused to do. The prosecution filed a superseding complaint and a supporting deposition. However, the supporting deposition pre-dated the superseding complaint meaning that the witness could not have read the superseding complaint as the supporting deposition claimed. Thus, Rothstein Law moved to have it deemed a nullity and the case dismissed due to a speedy trial violation. The Court granted our motion when the DA conceded,

February 23, 2012 – Felony Drug Possession Case Ends With Violation

After being arrested for shoplifting, the police recovered 36 glassines of heroin from the client’s skirt, which resulted in a felony charge. However, the client was a drug user, not a seller, and even had track marks on her arms. Eric Rothstein had a good relationship with the prosecutor and asked him to come to the arraignment part to see for himself. After providing records showing that the client was in treatment, Mr. Rothstein negotiated a deal where the client would continue her treatment and submit to drug testing. After one year, the client was allowed to plead to disorderly conduct, a violation and not a crime, and was sentenced to the 24 hours she spent in jail when arrested.

January 31, 2012 – Six Figure Settlement In Snow and Ice Case

The client slipped and fell in her building’s outdoor parking lot due to snow and ice, after taking her child to school, and suffered a broken wrist. Rothstein Law could have filed this case in either Queens or Manhattan and chose Manhattan where the law is more favorable. Although snow and ice cases can be hard to win, Mr. Rothstein got the building’s witness to admit during his deposition that the snowplows only cleared snow from the driving lane and left the snow and ice that accumulated by the parking spots. Rothstein law used this concession to negotiate a favorable settlement.

January 27, 2012 – Settlement In Pedestrian Knockdown Case

A taxi struck the client as she was crossing the street. Rothstein Law moved for summary judgment on liability pre-deposition. The Court denied the motion based upon the driver’s affidavit claiming that the client walked into his cab while she was talking on her cell phone. However, at his deposition, the cab driver testified through an interpreter and stated that his insurance company told him to sign the affidavit, he didn’t know what it said and it refused to give him an interpreter. Following these revelations, Rothstein Law moved to re-new our motion and asked the Court to refer the matter to the District Attorney for investigation. Although the Judge denied the motion, the Judge wrote that the client was free to bring the matter to the District Attorney herself. The insurance carrier settled the case shortly thereafter.

January 26, 2012 – City Settles False Arrest Claim

On the day of the expected hurricaine, the police responded to the client’s house to investigate his tenant’s allegation that he turned off her utilities for non-payment of rent. According to the client, the power was on when he accompanied them to the tenant’s basement apartment and they arrested him for resisting arrest when he demanded they pick up in identification, which they had dropped. After being held in jail for 32 hours, the District Attorney declined to press charges because the police failed to properly investigate the tenant’s complaint and a resisting arrest charge cannot stand by itself.

January 17, 2012 – City Settles Pedestrian Knockdown for $125,000

The client was struck by a City vehicle while walking in a crosswalk with a green light. As a result, the client suffered a fractured shoulder but did not require surgery. Rothstein Law aggressively pursued the case and obtained summary judgment on liability and serious injury (see July 14, 2010 and July 20, 2011). Despite no surgery, Rothstein Law was able to leverage these prior victories in the case into a 6-figure settlement.

January 17, 2012 – Minimum Sentence For 6th Felony Drug Conviction

The client was arrested for selling drugs to an undercover police officer and had five prior felony convictions for either drug sale or possession. With the client facing significant jail time, Rothstein Law set about to minimize the damage. Mr. Rothstein built a credible alibi defense and also established that the client had recently filed a complaint alleging brutality against police officers in the same precinct where he was arrested, thus creating a motive for the officers to seek revenge. We corroborated our client’s claims with his hospital records and by subpoenaing the investigator from CCRB. Shortly before trial, Mr. Rothstein convinced the prosecutor to offer the client the minimum permissible sentence.

January 13, 2012 – Court Upholds First Amendment And Dismisses Case

The police arrested the client for Unlicensed General Vendor under the NYC Administrative Code for selling DVDs and CDs on 125th Street. Rothstein Law moved to dismiss the case on the ground that the client’s actions were protected under the First Amendment to the U.S. Constitution and therefore did not require a license. The District Attorney opposed the motion, relying on a decision from another Criminal Court judge holding that the First Amendment did not apply because the client was not selling his own works, but failed to serve their papers on Rothstein Law. When the Court initially denied our motion, we moved to re-argue and demonstrated that the First Amendment did apply. On re-argument, the Judge agreed with us and specifically declined to follow the other Judge’s decision.

January 12, 2012 – Not Guilty Verdict In Assault Case

The client and his wife decided to divorce. After realizing that the client was secretly recording her with his I-Pod Touch, the wife snatched it from him and he used physical force to retrieve it. The wife then called the police and had the client arrested for assaulting her. At trial, Eric Rothstein established that the client’s actions were legally justified to stop a larceny or prevent a criminal mischief. Under a vigorous cross-examination, the wife admitted to several prior acts where she either took the client’s property without permission or damaged his property. Thus, Mr. Rothstein argued that the client had a reasonable basis to believe that the wife would either refuse to return the I-Pod Touch, damage it, or erase the secretly recorded videos. In a career first for Mr. Rothstein, while cross-examining the wife, the Judge halted the proceedings to speak with the attorneys in private and said to the District Attorney “How much longer do I have to listen to this; this woman can’t answer a question and she has no credibility.” In the end, the Judge found the client not guilty.

December 16, 2011 – Court Dismisses Case Due To Improper Service

Rothstein Law represents a defendant in an alleged conversion of assets case. Despite the fact that the client worked for the plaintiff, and he knew where she lived, his process server served the papers at a different address. Rothstein Law moved to dismiss the case for lack of proper service. Most of these motions result in a hearing to determine if service was proper. However, our motion was so strong that the Court granted it despite plaintiff’s opposition.

December 13, 2011 – $425,000 Settlement In Soft-Tissue Case For Bus Driver

Another firm referred the case to Rothstein Law because it did not want to litigate this soft-tissue case either in an upstate County (where the client lived) or in federal court (on diversity grounds). Mr. Rothstein is a former federal prosecutor and filed this case in federal court. The client, a City bus driver, was injured when a truck cut her off and stopped suddenly. Although the client managed to stop her bus without hitting the truck, she was hit in the rear by a second truck and pushed into the first truck. Liability was complicated by: the defense claim that the client struck the truck in front of her first; the bus passengers’ differing accounts about which impact came first; and the client’s medical records, which contained inconsistent statements about how the accident occurred. The value of the case was complicated by the facts that: the client had over 10 prior accidents during her career as a bus driver; had only been back at work for 3 1/2 weeks following her most recent on-the-job injury, requiring knee surgery; had virtually no lost wages claim despite having to retire after the accident because she received a disability pension; and the insurance carrier for the first truck went into liquidation. Despite all the problems with the case, Rothstein Law aggressively pursued the case and obtained a settlement far greater than the case was worth.

December 6, 2011 – Defendant’s Summary Judgment Motion Denied

Following a dispute that was the final straw leading to divorce, the defendant, the client’s ex-wife, had him arrested twice in short succession so Rothstein Law filed a false arrest case against her and she cross-claimed for false arrest. Rather than respond to our discovery demands, the defendant moved for summary judgment seeking dismissal of our action and for liability on her cross-claim. After reading all the motion papers, the Judge agreed with Rothstein Law that the defendant failed to establish her right to summary judgment and denied her motion in its entirety.

November 15, 2011 – Criminal Contempt Case Dismissed

The client’s former wife had him arrested for allegedly violating a Criminal Court order of protection on four separate occasions. All the incidents took place across the street from the marital home when the client was either taking his kids to their school bus stop or picking them up from an afterschool daycare center. Rothstein Law’s investigator obtained statements from the school bus driver and the operator of the daycare center confirming that the client had legitimate reasons to be on the block. After presenting the results of our investigation to the District Attorney, the prosecutor asked the Court to dismiss the case.

November 7, 2011 – City Settles Delayed Arraignment Case

The police arrested the client for misdemeanor drug possession after executing a search warrant in the apartment that he was staying in. The client was not arraigned until 48 hours following his arrest, which violated the requirement that the police bring someone arrested before a judge within 24 hours. The client, who had prior arrests, received an ACD on the drug charge and the City settled the delayed arraignment case for $5,000.00.

November 3, 2011 – $68,000 Settlement In Soft Tissue Motor Vehicle Accident

Another car stuck the client’s car after running a red light. Rothstein Law previously obtained summary judgment on the issue of liability (see January 19, 2011) and trial was limited to damages. Although the client’s injuries were soft tissue in nature and the case was venued in a defendant friendly County, Rothstein Law was able to leverage the damages only status to obtain an excellent settlement.

September 29, 2011 – $305,000 Settlement In Slip And Fall Case

The client, a home health attendant, slipped on the rounded edge of a step in the building where her client lived. Rothstein Law’s expert engineer found a one-inch height differential on the step. While deposing the landlord’s property manager, Eric Rothstein elicited an admission that he knew about the defect for over one year but failed to repair it because he only thought it was a half-inch difference. After conceding that he never actually measured it, the witness admitted that a one-inch differential was dangerous. The client suffered injuries to her wrists and hands and underwent surgery.

September 20, 2011 – Security Guard Company Settles False Arrest Case

The client was acquitted of robbery but convicted of petit larceny after stealing deodorant from a pharmacy (see April 15, 2011). Following the criminal trial, the client sued the security guard and the guard company for falsely claiming he had a knife, which caused the police to charge him with the higher crime and resulted in 11 months of incarceration pending trial. Probable cause is a complete defense to this charge and his conviction of petit larceny usually establishes probable cause. However, after an extensive search, Rothstein Law found two federal cases, interpreting New York law, holding that where a person is acquitted of the higher charge and convicted of a lower charge, probable cause for each should be analyzed separately to prevent the complaining witness from piling on charges with impunity. After presenting this case law to the guard company, it elected to settle the case.

September 6, 2011 – Grand Larceny Charge Dismissed

The client and two others worked as cashiers at a grocery store. They were arrested after allegedly ringing up each other’s purchases and then voiding them out yet keeping the groceries. The two co-workers both plead guilty to Class A misdemeanors but Rothstein Law sensed weakness in the DA’s case. Our impression was correct as the DA moved to dismiss the charges against our client.

August 11, 2011 – Settlement In Storage Facility Break-In

The clients stored brand new clothes at a storage facility intended for resale. Thieves broke into the facility and stole the goods worth over $85,000. Rothstein Law’s investigation, including speaking the police detective, revealed that the thieves spent three hours in the facility while the security was on the telephone, the alarm had been turned off and the back door left open. Despite clauses in the contract that limited the value of the merchandise to just $2,000, Rothstein Law was able to obtain a settlement of nearly the entire amount stolen.

August 4, 2011 – City Settles Inmate-On-Inmate Assault Case

While being held on Riker’s Island, fellow inmates assaulted the client, breaking his jaw, which needed surgery to repair. Rothstein Law was able to show that a Correction Officer restrained the client but not the other inmates allowing them to hit the defenseless client. Rothstein Law was able to settle the case utilizing the City’s early case settlement program.

July 20, 2011 – Summary Judgment Granted On Serious Injury

A Fire Department vehicle struck the client while he was crossing the street. Prior to depositions, Rothstein Law obtained summary judgment on liability (see July 14, 2010). Following the completion of discovery, Rothstein Law moved for summary judgment on the issue of “serious injury” because the client suffered a fracture. Our motion relied upon an affirmation from the client’s treating physician. Although the City opposed the motion, it did not include its own doctor’s affirmation, which we noted in reply. After hearing oral argument, the Court granted our motion along with our motion for a trial preference based on the client’s age.

July 13, 2011 – Settlement In Pedestrian Knockdown Case

A taxi struck the rear of the client’s car causing her to undergo multiple surgeries. Rothstein Law previously obtained summary judgment on the issue of liability (see March 31, 2011). Given this fact, defendant tendered it’s entire insurance coverage on the eve of the client’s deposition.

June 24, 2011 – Court Grants Motion To Dismiss Unlicensed General Vendor Charge

The police arrested the client for Unlicensed General Vendor under the NYC Administrative Code for selling DVDs and CDs on 125th Street. Rothstein Law moved to dismiss the case on the ground that the client’s actions were protected under the First Amendment to the U.S. Constitution. Indeed, our research showed a prior case where the City agreed not to enforce this law under such circumstances. The Court agreed with us and dismissed the case.

June 22, 2011 – Forged Prescription Case Dismissed

The client and another person were charged with presenting a forged prescription for oxycodone at a pharmacy. As part of our investigation, Rothstein Law obtained the surveillance recordings from the pharmacy and interviewed two store employees. We also obtained copies of the prescription and ID card that the co-defendant presented. We were able to determine that the co-defendant was alone when he presented the prescription in the morning and that our client merely gave the co-defendant a ride to the pharmacy in the afternoon. After presenting the results of our investigation to the District Attorney’s Office, the prosecutor allowed the case to be dismissed.

June 13, 2011 – Settlement For Two Clients Struck By Forklift

Rothstein Law previously obtained summary judgment on the issue of liability in a case where a forklift struck them inside a warehouse supermarket (see July 2, 2009). Despite the fact that the clients had multiple prior injuries and had not treated since 2008, Rothstein Law negotiated a $225,000 settlement at mediation one week before trial. Almost 18% interest had accrued since Rothstein Law obtained summary judgment, which provided strong leverage to obtain the settlement. Rothstein Law’s aggressive pursuit of early judgment on liability paid off for the clients.

June 9, 2011 – Summary Judgment Granted In Legal Malpractice Case

The client originally sued the City of New York after a fellow inmate stabbed him while incarcerated on Riker’s Island. The court dismissed the client’s case after his attorneys failed to appear for three separate conferences. Rothstein Law then sued the attorneys for legal malpractice. After one attorney settled, Rothstein Law filed a motion for summary judgment against the other. The Court granted the motion on both negligence and proximate cause and trial will not be limited to the value of the client’s injury – a permanent facial scar.

May 11, 2011 – Settlement In Pedestrian Knockdown Case

A car struck the client while he was crossing the street after drinking in a bar. The client suffered a fractured humerous, underwent surgery and spent two weeks in the hospital. The medical records showed that his blood alcohol level was .23 and the defense claimed he was drunk and outside the crosswalk. Rothstein Law argued that even assuming a jury found the client partially responsible, it would award him a judgment in excess of the defendant’s $100,000 insurance policy. At first, the insurance carrier offered only $35,000. However, the defense attorney failed to have the client examined by their own doctor and Rothstein Law wrote a letter claiming that the carrier was acting in “bad faith” by exposing their driver to a judgment above his insurance and that the defense attorney had committed legal malpractice. Shortly after receiving that letter, the carrier settled the case for $95,000.

May 6, 2011 – Gun and Counterfeit Money Case Dismissed

The police stopped a car that the client was driving but belonged to the passenger’s girlfriend, a Correction Officer. The police found a gun in the truck and counterfeit money in the client’s possession. The client denied knowing anything about the gun but made incriminating statements to an Assistant District Attorney about the money. Based upon our investigation, Rothstein Law consented to the District Attorney’s request that the client provide a DNA sample, which excluded him as a possessor of the gun. Our investigation also revealed that prior to speaking to the Assistant District Attorney, our client had invoked his Miranda rights when the Secret Service attempted to question him. Thus, we convinced the District Attorney that our client’s subsequent statement was inadmissible and the prosecutor moved to dismiss the case.

May 5, 2011 – Con Ed Settles Case After Denying Ownership

The client fell off his bike due to a utility grate on a street near an intersection that was not level with the ground. Given the grate’s proximity to Grand Central Station, the grate had many potential owners but no identifying markings. The superintendent of the commercial building and an expert we consulted thought that the MTA owned the grate. After an intensive investigation, Rothstein Law determined that Consolidated Edison owned the grate. However, Con Ed denied ownership in its Answer to the lawsuit. After Rothstein Law provided proof, including the fact that Con Ed had commenced a breach of contract action over identical grates at the other end of the block and took a photograph depicting a Con Ed plate covering an identical grate in the middle of the block, Con Ed settled the case.

May 3, 2011 – Court Orders Defense To Depose Client Via Videoconference

The client is 85-years old, lives in Florida and is in poor health. The client needed to commence a lawsuit in New York but could not travel here for her deposition. Rothstein Law commenced the case in federal court where the rules better provide for videoconference depositions. The defense refused to consent to taking the deposition via videoconference and sought to force the client to fly to New York, which would not have been possible and would have forced the client to accept a very low settlement offer. Therefore, Rothstein Law filed a motion to compel the defense to take the deposition by videoconference and the court granted it. Thus, the client will be deposed from her hometown and can proceed with her case to get fair value for her claim.

May 2, 2011 – Law Firm Settles Breach of Contract Case

A law firm hired an e-discovery company to assist it with a high-profile law suit pending in federal court. When the law firm’s involvement in the case ended without a recovery, it ignored the e-discovery company’s invoice. Rothstein Law filed a breach of contract case on behalf of the e-discovery company. The law firm filed a pre-answer motion to dismiss and Rothstein Law cross-moved for sanctions. At oral argument, the Judge was not receptive to the law firm’s dismissal motion, which lead the defendant to open settlement negotiations resulting in a very fair settlement for the e-discovery company.

May 2, 2011 – ACD In Shoplifting Case

The client, a college student with no criminal record, was arrested for shoplifting over $100 in merchandise from a retail store. The District Attorney initially offered a misdemeanor and community service. After negotiating the case with the prosecutor, Rothstein Law convinced the District Attorney’s Office to agree to adjourn the case for six months and then dismiss it if the client performed some community service. Thus, the client was avoid a criminal record and end up with a dismissal and sealed file.

April 15, 2011 – Not Guilty Verdict In Robbery Case

The client stole deodorant from a Duane Reade but the security guard alleged that the client displayed a knife so the DA charged him with first degree robbery. Rothstein Law immediately subpoenaed the surveillance tapes which: a) did not show a knife; b) had a 17 second gap at the critical moment; and c) had no recording from the camera closest to the incident. At trial, Eric Rothstein elicited numerous inconsistencies in the guard’s testimony on several important issues involving the knife. Rothstein also established that the guard followed the client from the store and never lost site of him until the police arrested him. However, no knife was recovered. Finally, Rothstein established that Duane Reade did not provide the police a copy of the surveillance until after a Loss Prevention officer reviewed it, creating an inference that they erased the tape. The jury believed the guard lied to save his job and they found the client not guilty of the robbery and guilty only of misdemeanor petit larceny, for stealing the deodorant, which he always admitted. As the client had already served more than the maximum sentence for petit larceny, the Judge released him. He had faced between 8 and 25 years had the jury convicted him of the robbery.

March 31, 2011 – Court Awards Summary Judgment In Hit-In-Rear By Taxi

The defendant taxi cab driver struck the client’s vehicle while it was stopped at a red light on the Upper East Side. Once the defendant served his answer to the complaint, Rothstein Law filed a pre-deposition motion seeking summary judgment on the issue of liability and to dismiss defendant’s affirmative defense alleging the client was liable for the accident. After reviewing our submissions, which included the client’s affidavit and a photo of the defendant’s cab crashed into the rear of the client’s car, the Court granted our motion. As a result, the client’s deposition will now be limited to the issue of damages only and interest is now accruing in the event the case goes to verdict, which puts pressure on the insurance company to settle.

March 22, 2011 – Judge Stays DMV License Revocation

Following a fatal motor vehicle accident, the Department of Motor Vehicles denied the client´s administrative appeal and ordered his driver´s license revoked effected March 23. Rothstein Law commenced an Article 78 proceeding in court to challenge the DMV decision. Over the Attorney General´s objection, the Judge stayed the DMV decision pending a final resolution of the Article 78 proceeding. Therefore, the client can continue to drive.

March 14, 2011 – Summary Judgment In Lieu of Complaint Granted

A law firm and one of its attorneys borrowed money from the client but failed to repay it. The Court granted Rothstein Law’s motion for summary judgment in lieu of complaint against the law firm. The court also denied the attorney’s motion to have the case against him dismissed and to seal the pubic record.

February 14, 2011 – ACD In Search Warrant Drug Case – Civil Law Suit To Follow

The client was arrested, along with two others, after the police executed a search warrant on his sister’s apartment, and charged with misdemeanor possession of narcotics. Rothstein Law’s investigation showed that the client was merely sleeping at his sister’s apartment, was not the target of the search warrant, and knew nothing about the drugs. The prosecution initially offered the client a misdemeanor plea with time served, then lowered the offer to disorderly conduct and then finally offered an ACD, which will lead to dismissal. Rothstein Law then served a Notice of Claim on the City that the client intends to sue for false arrest and failing to arraign him in court within 24 hours of his arrest.

January 31, 2011 – Settlement In Collections Case

The defendant treated with our client, a doctor, but failed to pay his bill and deposited a check that her insurance company sent to her that was meant for the client. Rothstein Law commenced a breach of contract action against the former patient. After briefly litigating the matter, the defendant agreed to pay the doctor what he is owed.

January 21, 2011 – Drug Sale Case Dismissed

The police alleged that an undercover officer witnessed the client arguing with the co-defendant about whether to sell drugs to a woman and that the client said “she’s good.” The police claimed that the co-defendant then sold the woman 25 bags of crack cocaine. When arrested, the client had $28 and the co-defendant had $41. Rothstein Law argued that the math didn’t add up because crack cocaine sells for at least $10 per bag and therefore the police should have recovered at least $250. After considering our argument, the District Attorney asked the Court to dismiss the case.

January 19, 2011 – Summary Judgment Granted On Liability In Car Accident Case

The defendant ran a red light and struck our client broadside in an intersection. At his deposition, the defendant admitted striking our client’s car and testified that he did not know what color the light was when he entered the intersection. During our investigation, we found an eyewitness who supported our client’s testimony that she had a green light and the other car had a red light. Based upon this evidence, the Court granted our motion for summary judgment on liability and trial will be limited to the issue of damages.

January 14, 2011 – Settlement In Inverted Yoga Accident Case

The client was injured while doing an inverted yoga maneuver during a demonstration class at a gym. While many law firms would have rejected the case due to a strong assumption of the risk defense, Rothstein Law agreed to accept this case and was able to negotiate a settlement during discovery.

January 13, 2011 – Federal Torts Claim Act Case Settles In Mediation

The client slipped and fell on ice while incarcerated at federal prison and broke his tibia/fibula and underwent open reduction and internal fixation. Rothstein Law’s investigation revealed that there had been a bad ice storm the night before, another inmate reported slipping on ice just hours before the client’s accident and there was ice all over the grounds when the on-duty Correction Officer began his shift just hours before the accident. After the completion of discovery the Government moved to dismiss the case claiming it did not have notice. In response, Rothstein Law cross-moved for a judicial determination that the Government had actual notice. The case then settled at a mediation while the motions were pending.

January 12, 2011 – Assault Case Dismissed

The client was arrested for assaulting a co-worker at their place of employment. Rothstein Law’s investigation showed that not only had the complaining witness been harassing our client for weeks but that he also started the fight and the client simply defended himself. The District Attorney’s Office asked the court to dismiss the case.

January 11, 2011 – Violation In Robbery Case

The client and two friends were arrested after getting into a fight with someone on the subway. The complaining witness alleged that the client and his friends stole a cell phone. Rothstein Law’s investigation showed that one of the client’s friends got into a fight with the complaining witness and that our client simply jumped in to help his friend but never struck the person or took his phone. As a result, the prosecutor offered to let the client plead to disorderly conduct, which is not a crime, and time served.

January 4, 2011 – City Settles Two Inmate Injury Cases

Two clients were injured while in custody on Riker’s Island due to falls in separate bathrooms. After Rothstein Law provided the City with documentation regarding the incidents and the client’s injuries, the City settled the claims without the need for lawsuits.

December 15, 2010 – Settlement In Motor Vehicle Accident Case

The client was injured after he completed a left turn when another car struck the rear of his car while making a right hand turn. The other driver fled the scene and the vehicle was registered in New Jersey so Rothstein Law undertook an investigation to ascertain the vehicle’s owner and insurance information. Once the insurance company was contacted, it assigned the case to its Special Investigations Unit to investigate its insured. In addition, despite denying liability, the insurance company lost a property damage arbitration to the client’s insurance carrier. After completing its investigation and losing the arbitration, the carrier quickly settled the case with our office.

December 14, 2010 – Judge Grants Motion To Dismiss Narcotics Indictment

The client was one of 4 people arrested following an undercover police investigation that lasted for over a year. While the indictment alleged 19 separate drug sales, the client was named in only one count. Given that the evidence showed only that the client had gotten into a car with another defendant who later sold drugs to an uncover police officer, Rothstein Law filed a motion asking the Judge to inspect the evidence before the grand jury for legal sufficiency. After doing so, the Judge held that the evidence was legally insufficient against the client to show that he knew a drug sale was occurring and dismissed the indictment.

December 2, 2010 – Drug Possession Case Dismissed

The client was arrested for allegedly possessing drugs found in the center console of a car he owned. However, Rothstein Law’s investigation revealed that the client was arrested inside a party and that another person had been in the car. Given these facts, the prosecutor failed to answer ready for trial and the Judge dismissed the case due to a speedy trial violation.

November 24, 2010 – Confidential Settlement In Slip and Fall

The client slipped and fell on water near a food court at a major Manhattan tourist attraction. Within days of the accident, Rothstein Law served the owner with multiple demands that it preserve not only the surveillance recording of the accident but all the recordings going back to the time the area was last cleaned. Despite acknowledging receipt of the demands, the owner preserved only the recordings from one minute before the accident and the accident itself. Rothstein Law was able to use the owner’s failure as leverage to negotiate a settlement, the terms of which one of the defendant’s demanded confidentiality.

November 24, 2010 – One Year City Jail Sentence For Second Felony Offender

The client was charged with selling Xanax to an undercover police officer. The DA initially claimed that the client was a second violent felony offender based upon a New Jersey gun conviction. However, Rothstein Law’s investigation determined that the New Jersey gun charge was dramatically different than the New York law and therefore did not make the client a violent offender. The DA then sought a State jail sentence. However, Rothstein Law provided the Judge with a report we had requested from the client’s drug and mental health program detailing his addictions and psychological problems and the voluntary efforts he made to address them. We also gave the Judge records we subpoenaed from a pharmacy showing that the client had a prescription for the Xanax. Based upon these documents, the Judge agreed to give the client a one-year City jail sentence for which he will serve 8 months.

November 23, 2010 – Revoke and Restore For Parolee After Contested Hearing

The client was arrested twice within a week for misdemeanor drug possession. After the second arrest, Parole issued a warrant and charged him with failing to lead a law abiding life, based upon the new arrests, along with two technical violations: failing to report the second arrest and being out past curfew. At the contested hearing, Rothstein Law was able to force Parole to withdraw the drug charges and proceed only on the technical violations. While the Judge sustained the charges, she restored the client to Parole. Parole had requested a two-year jail sentence so this was a major win for the client.

November 22, 2010 – Credit Card Theft Case Dismissed Despite Full Confession

The client was charged with using another person’s credit card to purchase goods from Amazon.com and stealing goods from his employer. After being arrested, the client made a written confession to the police. However, the client stated that the police coerced him into making the confession and denied and wrongdoing. Rothstein Law launched an investigation and obtained photographic evidence showing that the employer often placed unwanted goods on a table for employees to take and subpoenaed delivery records from Amazon.com showing that it made deliveries to many people at the same address. In the end, the prosecutor elected not to proceed with the case and a judge dismissed it.

November 22, 2010 – Felony Drug Possession Charge Dismissed

The client lived in a shelter and was arrested for felony drug possession after cocaine was found in his locker. The client stated that the drugs belonged to someone else and the prosecutor elected not to proceed with the case.

November 18, 2010 – Violation For Client Charged With Using Stolen Credit Card

The 21 year old client found a credit card at work and then used it to make purchases, a felony. Cases like this usually end with the defendant pleading guilty to a crime. However, Rothstein Law gave the prosecutor numerous letters of recommendation showing that the client had achieved great success despite her young age and was worthy of leniency. As a result, the prosecutor allowed the client to plead guilty to disorderly conduct, a violation, do community service and pay restitution. As a result of this deal, the client will not have a criminal record.

November 5, 2010 – Settlement In Pedestrian Knockdown Case

A taxi cab driver crashed into the client while he was crossing the street causing a fractured shoulder. Rothstein Law previously obtained summary judgment on liability and serious injury (see News items March 23 and October 22, 2009). These victories were instrumental in convincing the cab driver’s insurance company to pay a fair settlement just before jury selection, which was scheduled for November 8.

November 5, 2010 – Drugs Suppressed For Client On Lifetime Parole

Another attorney retained Eric Rothstein to handle a suppression hearing for the client who was arrested for felony drug possession while he was on lifetime parole. The police testified that they responded to the client’s building in response to an anonymous call of shots fired at the location. However, during cross-examination, Mr. Rothstein established that the police stayed inside the location, a two-family home, for over three hours before encountering the client despite finding no evidence that any shots had been fired. As a result of, the Judge ruled that because the police cannot act as an occupying army and stay inside a private home for such a long period of time without any basis to do so, the drugs had to be suppressed. This victory saved the client from being returned to jail for possibly life.

November 3, 2010 – Robbery Case Dismissed

The complaining witness alleged that the client stole his cell phone. We went to the crime scene and saw an NYPD surveillance camera nearby so we served a subpoena on the police to get the surveillance recordings. The police moved to quash the subpoena but the court ordered them to give us the tape. Although the tape did not show the incident, it did show the client and his friends before and after, which would have prevented the DA from claiming that the friends were not witnesses. We also demanded that the DA give us the complaining witness’ cell phone carrier and number so we could subpoena the records to see if the phone was reported stolen or used after the incident. After doing do, the DA re-interviewed the complaining witness who changed his story. The prosecutor then asked the court to adjourn the case so he could get permission to dismiss the case. However, after months of waiting, the court granted Rothstein Law’s speedy trial motion and dismissed the case.

October 15, 2010 – Construction Company Settles Failure To Pay Overtime Case

The client worked as a laborer for a construction company that failed to pay him overtime. Pursuant to the client’s employment agreement, Rothstein Law pursued this case in an arbitration proceeding. After initially claiming that the client was a supervisor, and therefore not entitled to overtime, Rothstein Law was able to negotiate a settlement that fully compensated the client.

October 6, 2010 – Law Firm’s Motion To Dismiss Over-Charging Case Denied

The client was arrested on a federal charge and retained a law firm to defend him. The client accepted a plea bargain and did not go to trial. Nevertheless, the law firm charged the client well over $200,000. Rothstein Law sued the law firm seeking an accounting of how the money was used and for a refund. The law firm filed a pre-Answer motion to dismiss the case but the judge denied it and allowed the case to move forward.

September 22, 2010 – Not Guilty Verdict In Search Warrant Narcotics Case

The police executed a search warrant at the client’s apartment and found 26 zips of cocaine. The client was charged with possessing the drugs with the intention to sell them. Rothstein Law was able to demonstrate that someone who had a key to the apartment left the drugs there without the client’s knowledge. Critical to our success was documenting the client’s whereabouts in the hours just prior to the search and having the person who owned the drugs testify about what he had done.

September 9, 2010 – City Ordered To Provide Detective’s Records

Rothstein Law represents a young man who is suing the City and a detective for false arrest and malicious prosecution based upon the detective’s withholding exculpatory evidence. The client spent 22 months in jail before being acquitted of murder and attempted murder. As part of the discovery process, we demanded that the City provide us with the detective’s records from the Internal Affairs Bureau and the Civilian Complaint Review Board. The City opposed and asked the Judge to deny our demand. After reviewing the documents, the Judge ruled in our favor and ordered the City to provide all of the documents. We will now be able to fully examine the detective’s disciplinary history.

September 3, 2010 – Client Prevails In Grand Jury

The client was arrested for stealing a laptop computer from a Time Warner truck. The Time Warner employee alleged that the client stole the computer from inside the truck, which made the crime a burglary, a felony, under New York law. The client admitted stealing the computer but stated that it was attached to a cable resting on top of the truck, which made it only a misdemeanor. Rothstein Law obtained a photograph taken at the time of the arrest that showed the cable hanging out of the truck’s window. Armed with that evidence, the client testified before the grand jury, which indicted him only on the misdemeanor. Thereafter, the client immediately made a plea bargain with the judge.

September 2, 2010 – Felony Forgery Case Reduced To Violation

The client was charged with attempted to twice cash a paycheck that she had altered from $564.30 to $5,643.40. Based upon the client’s youth and lack of criminal record, Rothstein Law was able to convince the prosecutor to allow the client to plead guilty to a violation and perform two days of community service thus sparing her from a criminal record.

July 21, 2010 – Indictment Dismissed For Violating Client’s Grand Jury Rights

At Criminal Court arraignment, the client did not serve notice of his intention to testify in the grand jury. However, on the next court date, the client changed his mind and Rothstein Law timely served notice of the client’s desire to testify before the grand jury. However, while the ADA had already presented and voted the case, she had not filed the indictment. Thus, the client still had a statutory right to testify but the ADA refused to offer him that opportunity. Rothstein Law filed a motion at the Supreme Court arraignment to dismiss the indictment and the ADA conceded. The Court dismissed the indictment with leave to re-present so the client will have his chance to testify.

July 14, 2010 – Summary Judgment For Pedestrian Hit By Fire Department Vehicle

The client was crossing in an intersection on 42nd Street with the green light when a New York City Fire Department vehicle struck him while making a left hand turn. In opposing our motion for summary judgment, the City claimed that the client was not in the crosswalk and submitted its own self-serving accident reports as proof. However, none of the reports were in admissible form and the Court granted our motion. Trial will now be limited to the issue of damages.

June 28, 2010 – DMV Stays License Revocation

The client was involved in a fatal motor vehicle accident and was summoned before the Department of Motor Vehicles for a license revocation hearing. The client went to the hearing without a lawyer and the Administrative Law Judge revoked his driver’s license following the hearing. The client then retained Rothstein Law to appeal. As part of our appeal, we asked DMV to stay the revocation order. After reviewing our submission, DMV granted the client a stay pending appeal and he may still drive his car.

June 14, 2010 – 90 Split For Client Charged With A-II Drug Sale

The client sold a large quantity of narcotics and was charged with an A-II felony. The client had several serious medical conditions and Rothstein Law’s Sentence Mitigation Expert prepared a Pre-Pleading Investigation report that detailed the client’s childhood, upbringing, adult years and medical condition. Based upon the report, and the 1,250 pages of medical records that we obtained, Rothstein Law convinced the DA that a 90 day jail sentence followed by 5 years probation was the appropriate result rather than the 3 – 10 jail term the client faced. The client already had jail time credit for the 90 days so when the Judge accepted the plea bargain, the client was released from jail pending sentence to probation.

May 26, 2010 – Settlement in Motor Vehicle Accident Case

The client was a passenger in a car that was broadsided by another vehicle. Rothstein Law previously obtained a pre-deposition determination that the other driver was 100% at fault (see April 16, 2010). After winning that motion, the insurance carrier decided to cut its losses and settled the case.

May 21, 2010 – Felony Drug Sale Reduced To Possession of Pipe Stem

The client was charged with selling crack-cocaine to an undercover police officer along with two other people. When arrested, the client had a pipe stem in her purse. Our investigation revealed that the drug sale charge was weak given that no money or drugs were recovered from the client. The only allegation supporting a sale was the claim that a co-defendant handed the drugs to the client who in turn gave them to the undercover. After negotiations, the client plead guilty to possessing the pipe stem and sentenced to time served.

May 19, 2010 – Driving While Impaired Plea Prevents Immigration Consequences

The police arrested the client for driving while intoxicated after spotting her double parked near a fire hydrant. Despite having a blood alcohol content of twice the legal limit, Rothstein Law was able to negotiate a plea to driving while impaired, a violation and not a crime, which was critical because it will not have any adverse consequences on the client’s immigration status. The client is a temporary resident and plans to apply for permanent status.

April 16, 2010 – Summary Judgment Granted In Car Accident Case

The client was a passenger in a motor vehicle driving with the green light on South Conduit Avenue when it was struck by another car at the intersection of 225th Street. In keeping with our aggressive approach in these cases, Rothstein Law moved for summary judgment as soon as the defendant served its Answer to our law suit. We relied on our client’s affidavit to explain how the accident took place. The defense firm failed to submit an affidavit from its client and argued only that our motion was premature because depositions had not been held. The Judge rejected this argument and awarded our client summary judgment on the issue of liability. This victory is important because it limits our client’s deposition to damages only and interest begins to accrue on any subsequent judgment.

April 15, 2010 – $250,000 Settlement in Slip and Fall Case

The client broker her leg after slipping on a portable wooden ramp being used by a fish store to move crates of fish into and out of the store. The attorney of record asked Rothstein Law to handle the discovery in the case. During our deposition of the store’s Office Manager, we were able to get her to admit that ice melts off the fish crates while they move the crates in and out of the store and the store had been causing this slipping hazard on a daily basis for at least 27 years.

April 13, 2010 – Premises Case Settled

The client injured her arm and back when the security gate of a window in her apartment came off while she was closing it. The client claimed that she had complained to the superintendent twice about the problem with the gate but he denied it. In addition, the client’s emergency room records did not list and complaints regarding her back, which she had injured several years earlier in a car accident. Despite these obstacles, Rothstein Law was able to leverage the fact that the building owner was self-insured and looking to avoid the costs of a trial in order to reach a fair settlement.

March 30, 2010 – Driving While Impaired Plea Despite Second DWI Arrest

Five years ago, the client was arrested for drunk driving, which was confirmed by a breath test. He pled guilty to the violation of driving while impaired. This time, after being pulled over for speeding, and then allegedly failing to stop for two blocks, the client refused to take the breath test. Based upon these facts and his prior DWI arrest, the DA’s Office initially refused to again offer a plea to driving while impaired and sought the misdemeanor conviction despite the client’s lack of a criminal record. The client then retained Rothstein Law. Following a careful review of the videotape showing client doing well on the balance tests, obtaining an evaluation that determined that he did not suffer from alcohol abuse, and extensive negotiations, Rothstein Law convinced the DA’s Office to offer the client a plea to the driving while impaired violation. Thus, the client still does not have a criminal record.

March 17, 2010 – City Settles False Arrest/Delayed Arraignment Case

The client was a manager at a fast food restaurant. The ex-boyfriend of one of the client’s employees was harassing his ex-girlfriend in the restaurant’s parking lot and subsequently broke a car window and stabbed another person who tried to intervene. When the ex-boyfriend ran away, the client followed him in his car so the police would know where he was. However, other people apprehended the ex-boyfriend and allegedly assaulted him before getting into the client’s car. Despite the fact that the client did nothing wrong and never touched the ex-boyfriend, the police arrested the client for assault. Making matters worse, the client was not arraigned before a judge until 4 days later. After reviewing the facts of the case, the City settled the claim.

March 4, 2010 – Surveillance Video Leads To Settlement In Excessive Force Case

Bouncers at a gentlemen’s club threw the client down a staircase but claimed that he fell. As a result, the client suffered a fractured leg requiring surgery. Fortunately, the client called Rothstein Law from the hospital and we quickly obtained a court order requiring the club to preserve and produce the surveillance tapes, which showed that the bouncers threw the client down the stairs. As a result of obtaining this critical evidence, the club’s insurance carrier tendered its policy and settled the case.

February 2, 2010 – Marijuana Case Dismissed

The client, a 17 year old boy, was arrested for possessing a burning marijuana cigarette on the roof of a building. Despite the fact that the client had no criminal record, the prosecutor offered only a plea to a misdemeanor and 10 days in jail. Rothstein Law advised the client to reject this offer and the case ended up getting dismissed because the District Attorney violated the client’s right to a speedy trial.

January 29, 2010 – State Settles Excess Detention Case

The client served a 2 year State jail sentence concurrent with a 2 year federal sentence. After serving his time in a federal facility, the City of New York took the client into custody and jailed him on Riker’s Island before turning him over to the State. As a result, the client spent an extra 31 days in jail. Although the State originally took a “no-pay” position, it agreed to settle after the completion of discovery because, in our view, some of its employees had shown indifference to the client’s situation. The client previously settled his claims against the City.

January 20, 2010 – Aggravated Harassment Case Dismissed

The client’s grandmother had temporary custody of his children and when he tried to regain custody, she alleged that he threatened her over the telephone. The District Attorney offered the client a violation and wanted him to do perform two days of community service. Rothstein Law believed that any alleged statements were protected free speech and further beleived that the grandmother had a financial motive to pursue the criminal case. Thus, we advised the client to reject the offer. In the end, the prosecutor moved to dismiss the case for violating the client’s right to a speedy trial.

January 15, 2010 – Settlement In Falling Object Case

Rothstein Law negotiated a $900,000 settlement for a woman who was struck in her head by a piece of metal that fell off the third floor of the defendant’s building. We previously obtained summary judgment on liability (see November 21, 2008) and were preparing to select a jury for the damages trial when the case settled.

January 14, 2010 – Defendant Withdraws Motion For Client’s Physical Examination

The defendant failed to request that the client submit to a physical examination in a slip and fall case before Rothstein Law placed the matter on the trial calender. The defendant then filed two Orders Two Cause to compel an examination but the Judge refused to sign them and ruled against them on the merits. The defendant then tried a third time by filing a motion. Rothstein Law opposed the motion and sought sanctions for frivolous conduct. During a conference, the Judge’s Law Secretary persuaded defendant to withdraw the motion because the Judge was likely to sanction them. Thus, by refusing to grant the physical (as many attorneys would have done), Rothstein Law will now have a huge advantage should the case go to trial because defendant will not have an examining doctor to discuss the client’s trimalleolar fracture that required two surgeries.

December 18, 2009 – Appellate Division Affirms Real Estate Decision

Former partners of two restaurant corporations became involved in litigation over whether they have a right of first refusal to purchase shares in each other’s company. When the lower court found the contract was ambiguous, the owner of one corporation appealed. The attorney for the other corporation retained Rothstein Law to handle the appeal and the appellate court agreed that the term “shareholder” in the contract was ambiguous.

December 16, 2009 – Upstate Inmate Receives Settlement In Civil Assault Case

The client was serving a sentence in the Steuben County jail when he was assaulted by another inmate. Our investigation revealed that the only Corrections Officer present failed to protect the client, who was defenseless because he was in full restraints. The County initially refused to make any offer. However, after Rothstein Law learned that the Corrections Officer had been arrested on official misconduct and weapons charges for allegedly providing a gun, his work uniform and badge to a convicted felon and methamphetamine dealer, the County settled the case. Although based in New York City, Rothstein Law is willing to handle upstate cases.

December 4, 2009 – Sale of Fake Drugs Case Dismissed

The client was arrested for taking part in the sale of fake cocaine. However, the Court granted Rothstein Law’s motion to dismiss the case when the prosecutor failed to timely produce the police officer’s supporting deposition and the laboratory report.

November 23, 2009 – Plea To Speeding Ticket Saves Client’s Ability To Work

The client, a truck driver, was arrested in Nassau County for driving a motor vehicle while his ability was impaired by alcohol and was facing a one-year suspension of his commercial driver’s license. The Nassau County District Attorney generally does not offer any plea deals on these cases. However, Rothstein Law obtained a rare exception to the policy and negotiated a plea bargain where the client plead guilty to speeding and an equipment violation and the driving while impaired charged was dismissed. This fantastic result preserved the client’s ability to continue working and provide for his family.

October 29, 2009 – Drug Treatment Program For Second Felony Offender

The client was indicted for possessing a stolen debit card, a Class E felony. A jury convicted the client after trial but Rothstein Law obtained a reversal in the Appellate Division (see October 1, 2009, news item). Upon assignment to a new judge, the District Attorney recommended a 2 to 4 year jail sentence if the client pleaded guilty. Rothstein Law convinced the judge to sentence the client to the Willard Drug Treatment Campus, a 90 day program. The client will be released after he completes the program.

October 28, 2009 – City Settles Excess Detention Case

The client served a 2 year State jail sentence concurrent with a 2 year federal sentence. After serving his time in a federal facility, the City of New York took the client into custody and jailed him on Riker’s Island before turning him over to the State. As a result, the client spent an extra 31 days in jail. The client sued the City and several State employees in federal court. The client’s case against State defendants is proceeding.

October 22, 2009 – Summary Judgment Granted On Serious Injury Issue

The client suffered a fractured arm when a taxi cab crashed into him while he was crossing a street. The court granted Rothstein Law’s motion for a determination that the client suffered a “serious injury” as a matter of law. The court had previously granted our motion on liability (see News item March 23, 2009). As a result of these two favorable rulings, Rothstein Law sent the insurance carrier a “bad faith” letter demanding that it settle the case for the limits of the cab driver’s insurance policy or face liability for paying any excess verdict.

October 19, 2009 – ACD For 64-Year Old Woman Charged With Grand Larceny

The client was shopping at MACY*S when her daughter picked up a decoy pocketbook, placed on the ground by the New York City Police Department, containing a phony credit card and forged money. The police arrested the client, her daughter, and another individual, for Grand Larceny in the Fourth Degree and Criminal Possession of Stolen Property in the Fifth Degree. Rothstein Law’s investigation revealed that the client immediately instructed her daughter and the other person to put the bag back where they found it because it was not theirs. The District Attorney’s Office confirmed this fact with the police and offered the ACD, which will result in the case being dismissed and sealed.

October 1, 2009 – Criminal Conviction Reversed

The client was convicted on criminal possession of stolen property in the fourth degree. On appeal, the court reversed the client’s conviction holding that the Assistant District Attorney’s improper legal instructions in the grand jury impaired the integrity of the proceeding.

September 29, 2009 – Federal Court Allows Trial To Proceed In State Court

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.

September 21, 2009 – ACD In Trademark Counterfeiting Case

The client was arrested for selling counterfeit Versace handbags in Chinatown. At the time of the arrest, the police recovered 39 counterfeit Versace handbags from a store. During negotiations with the prosecutor, Rothstein Law noted that the client had no prior record and did not own the store. As a result, the District Attorney permitted the client to do 1 day of community service and receive an Adjournment in Contemplation of Dismissal. The case will be dismissed and sealed in 6 months.

August 31, 2009 – City Settles Injury To Inmate Case

The client was jailed in the Riker’s Island infirmary when he hurt his back due to an explosion at a nearby power generator. After presenting the client’s medical records showing no prior complaints about back pain, the City settled the case without the need for litigation.

August 4, 2009 – City Settles False Arrest And Detention Claim

The client plead guilty to violating the terms of his probation and accepted a one year jail sentence because he already had enough jail credit to cover the sentence. After the plea, the Probation Department alleged that the client threatened the probation officer outside of the courthouse and sought an enhanced sentence despite the fact that the court terminated probation at the time of the plea and the alleged threats did not make out a crime and amounted to nothing more than free speech. As a result, the Judge remanded the client to custody pending a hearing, which Rothstein Law objected to. At the hearing, the Court agreed with Rothstein Law that it had no authority to enhance the client’s sentence and gave him the promised one year. However, the Department of Corrections failed to properly calculate his jail credit despite Rothstein Law having given the client a certified printout showing he enough time to cover the sentence. As a result of the conduct of the Probation Department and the negligence of the Corrections Department, the client spent eight days in jail. The City paid the client $48,000 to resolve his claim without the need for a lawsuit.

August 4, 2009 – Court Denies Motion To Exclude Client From Deposition

In a civil assault case, the plaintiff ex-girlfriend made a motion to prevent the client, her ex-boyfriend, from being physically present during her deposition. Initially, the plaintiff’s lawyer wrote the Judge a letter seeking this relief and the Judge agreed, orally directing that the client be in a different room but able to listen by speakerphone. Rothstein Law then asked the Judge to require the plaintiff to file a formal motion for this relief and include the affidavit of her treating psychologist. The Judge responded by holding a conference and again indicted her intention to exclude the client from the room during the deposition. Rothstein Law again requested formal motion practice, so an appeal could be taken if necessary, because the plaintiff was attempting to prevent the client from exercising his Constitutional right to be present at his adversary’s deposition. The Judge relented and ordered formal motion practice. After reviewing the motion papers, and considering our legal arguments, the Judge reversed course and denied the plaintiff’s motion to exclude her ex-boyfriend from her deposition. Rothstein Law is proud that it stood up to the Court and successfully fought to protect the client’s Constitutional rights.

July 13, 2009 – Grand Jury Dismisses Drug Sale Charge

The client and another person were arrested after allegedly selling drugs inside an apartment building. The client denied the charge stating that he was outside the building when the police rushed up and arrested him for no reason. After hearing the evidence, the grand jury dismissed the case.

July 13, 2009 – Trespass Case Dismissed

The client was arrested for trespassing in a Manhattan apartment building. Rothstein Law proved to the District Attorney’s Office that the client was on his way to visit a friend in the building and the case was dismissed.

July 9, 2009 – Assault Charge Dismissed – Lawsuit against Police To Follow

The client manages a fast food restaurant. The ex-boyfriend of a restaurant worker broke her car window and roughed her up. When a co-worker intervened, the ex-boyfriend stabbed him. The client then went to see what was going on and the ex-boyfriend ran away and the client gave chase in a car. When the client caught up with the ex-boyfriend, another person had beaten him up. The police initially arrested everyone but neither the ex-boyfriend nor the person who beat him up was prosecuted. After Rothstein Law had discussions with the District Attorney’s Office, the case against the client was not pursued. Rothstein Law has filed a Notice of Claim against the City of New York for false arrest, malicious prosecution and failing to bring the client before a Judge within 24 hours of his arrest – the client did not see a Judge for 3 days after his arrest.

July 2, 2009 – Summary Judgment Awarded To Clients Struck By Forklift

Two clients were paying the cashier inside a large warehouse supermarket when an employee lost control of the forklift he was driving resulting in serious injuries to both clients. As soon as defendant served its Answer, Rothstein Law asked the Court to award the clients summary judgment on the issue of liability. Rothstein Law provided the Court with the store’s accident report (which included statements from the driver and two other employees who witnessed the accident) as well as affidavits from the clients and the person they were with. The Court granted the motion and rejected the defendant’s claim that it needed discovery before it could oppose the motion.

June 22, 2009 – Settlement In False Arrest – Untimely Arraignment Case

The client was arrested for attempted assault of a police officer following a riot outside a nightclub. After his arrest, the police failed to bring him before a Judge within 24 hours as required by law. Rothstein Law’s investigation turned up a photograph of the client standing lawfully behind a barricade minding his own business. Following dismissal of the criminal case, the City of New York paid $4,000 to settle his civil claims for false arrest and an untimely arraignment. The client spent approximately 36 hours in jail before being released at his arraignment.

June 19, 2009 – Aggravated Harassment Case Dismissed

The client allegedly called the mother of his child on the telephone and threatened to harm her because she would not let him into her apartment. The prosecutor offered the client a plea to harassment and a one-year order of protection. Rothstein Law advised the client not to accept the offer and go to trial for fear that the harassment conviction would later be used against him in Family Court. In addition, the client had an excellent First Amendment defense. The Court granted Rothstein Law’s motion to dismiss the case on speedy trial grounds when the alleged victim failed to appear in court twice for trial.

May 12, 2009 – Youthful Offender Status For 14 Year Old Boy

The client, a 14 old boy, was indicted in Supreme Court for two gun point robberies committed within one month of each other. The prosecutor opposed granting the client Youthful Offender status because he held a gun. In a private meeting with the Judge and prosecutor, Rothstein Law convinced the Judge that there were mitigating circumstances and he granted Youthful Offender status meaning the client still does not have a criminal record.

May 11, 2009 – Settlement in Legal Malpractice Case

The court dismissed the client’s underlying medical malpractice case because her attorneys’ failed to properly oppose a motion for summary judgment. Although the case involved the negligence of gastroenterologist, the client’s attorneys opposed the motion with the affidavit of a general surgeon but did not establish a foundation for his opinion making the affidavit of no probative value. When presented with the legal malpractice claim, the attorneys and their insurance carrier claimed that the court’s decision relied upon new case law and therefore they were not liable. However, after Rothstein Law presented them with cases over 10 years old demonstrating that the court relied on well-settled principles, the prior attorneys and their insurance carrier negotiated a fair pre-trial settlement.

April 16, 2009 – Violation In Fake Credit Card Case

On back-to-back days, the client used a fake credit card to make purchases at a K-Mart. After being caught on the second day, he was charged with forgery, identity theft and criminal possession of a forged instrument, all felonies. The prosecutor initially offered the client a misdemeanor plea. However, Rothstein Law was able to convince the prosecutor to allow the client to plead guilty to disorderly conduct, a violation and not a crime, and perform community service based upon the fact that these were his first arrests and that he had recently been laid off from his job as a file clerk at a prestigious law firm.

April 2, 2009 – Settlement in Slip and Fall Case

The client slipped and fell in his bathroom in the middle of the night due to a chronically leaky pipe under the sink and suffered a torn meniscus requiring arthroscopic surgery. The landlord’s insurance company denied that the client ever complained about the leak. However, as part of our investigation, Rothstein Law obtained the client’s telephone records that showed multiple calls to the management office, none of which were recorded in his tenant file. After several years of refusing to offer fair value, the landlord’s insurance carrier finally offered a fair settlement shortly prior to trial.

April 2, 2009 – First Degree Robbery Charge Dismissed

The District Attorney’s Office charged the client with helping to steal over $200 from the alleged victim with a BB gun. Rothstein Law’s investigation revealed that the alleged victim was actually beating up his own sister and no that robbery took place. In addition, our investigation revealed that the alleged victim was arrested shortly after the incident. After reviewing all the facts of the case, the prosecutor asked the court to dismiss the charges against our client.

March 23, 2009 – Summary Judgment Awarded In Pedestrian Knockdown

A taxicab struck the client while he was crossing the street on a green light. As soon as the defendants served their Answer, Rothstein Law moved for summary judgment on the issue of liability. The defendants opposed with the cab driver’s affidavit essentially claiming that the client walked into the cab. Rothstein Law showed the Court appellate case law rejecting this same defense and the Judge granted our motion. Interest now begins to accrue at 9 percent per year. Rothstein Law acts assertively and files summary judgment motions before depositions on these types of cases to put the defendants and their insurance carriers on the defensive.

March 16, 2009 – Felony Cocaine Possession Dismissed

The police allegedly saw the client and another person purchase items from two other separately charged people before entering a car. The police then stopped the car and arrested the client, the other person and the driver. The police found a bag of cocaine on the other person they claimed to have made a purchase but nothing on the client. The police also found over $7,000 inside of a box. Rothstein Law’s investigation revealed that our client never purchased anything from the separately charged individuals and the District Attorney dismissed the case due to its inability to prove it beyond a reasonable doubt.

March 11, 2009 – Felony Gun Charge Dismissed

The client was one of four people arrested for possessing a gun following a traffic stop after the police saw a magazine clip fall to the ground as one the rear seat passengers exited the car. The gun was then found on the floor where this co-defendant was seated. The police arrested all four people in the car on the legal theory that they all had constructive notice that the gun was in the car. Rothstein Law was able to convince the District Attorney’s Office that it could not prove the case against the client beyond a reasonable doubt because he was seated in the front seat.

February 23, 2009 – ACD For Mother Accused of Endangering Her Son

The police arrested the client after her five year old son was found unattended in the hallway of their apartment building. After extensive negotiations, Rothstein Law convinced the District Attorney to offer an Adjournment In Contemplation of Dismissal.

February 9, 2009 – Dismissal In Drug Possession With Intent To Sell

The client was initially charged with possession of cocaine with the intent to sell, a felony. The District Attorney reduced the charge to a misdemeanor and offered to let the client plead guilty and receive a sentence of time-served. The client wanted to accept the deal because the open case was preventing him from obtaining a taxi-driver license. Rothstein Law advised the client not to accept the deal because it would automatically lead to the suspension of his driver’s license. In the end, the case was dismissed for failure to produce a laboratory report.

February 2, 2009 – Dismissal In Attempted Assault of Police Officer

A police officer claimed that the client pushed him to the ground during a fight outside a nightclub. The Court granted Rothstein Law’s motion to dismiss the case due to the District Attorney’s speedy trial violation. Photographic evidence corroborates the client’s statement that he was not involved in the fight. Rothstein Law is preparing a civil lawsuit against the City and the police for false arrest and malicious prosecution.

December 19, 2008 – Settlement In Theater Trip And Fall

Rothstein Law negotiated a favorable settlement for a woman who tripped and fell in a darkened theater after being let in early to assist her wheelchair bound companion. Despite letting the woman in, the theater left the house lights off and failed to warn her about two steps leading to her seat. As a result of tripping down these steps, the client exacerbated a pre-existing hand injury. The defendants agreed to settle the case after completing the client’s deposition.

December 18, 2008 – Dismissal For Client Accused of Drug Sale

The police alleged that the client made a drug sale to another individual at a particular location in the Bronx, where the police claim they made the arrest. The client denied making a drug sale and said the police arrested him at a different location. Rothstein Law’s investigator immediately went to the area and found store surveillance tape and an eyewitness that supported our client’s version. The District Attorney dismissed the case and the client is suing the Police Department for false arrest.

December 9, 2008 – Violation in Felony Drug Sale Case

The client was arrested and charged with a Class B felony drug sale based upon the police officer’s allegation that he saw the client make a hand-to-hand drug sale through a car window, at night, while it was raining out. Rothstein Law determined that the officer’s claims were doubtful and that he likely lacked probable cause to stop and search the client. Our presentation to the District Attorney’s Office resulted in the client pleading guilty to disorderly conduct, a violation, not a crime, and being sentenced to time-served. The client faced up to 6 years in jail had he been convicted of the drug sale.

December 8, 2008 – Drunk Driving Case Dismissed

The client was arrested while sitting in a lawfully parked car for drunk driving and blew a .08 on the breath test. Rothstein Law convinced the District Attorney’s Office that there was a serious probable cause issue and that it was unlikely a jury would convict the client on a .08 given that the police officer did not actually see the client driving.

November 21, 2008 – Summary Judgment Awarded In Falling Object Case

A client was severely injured when a 1′ x 2′ piece of cast iron metal fell off the exterior of a Manhattan building. Following depositions, Rothstein Law asked the Court to award the client summary judgment on the issue of liability based upon the doctrine of res ipsa loquitur. Relying on a 2006 case from New York’s highest level Court, Rothstein Law convinced the Judge that this was the type of “rare” case where an award of summary judgment to a plaintiff was appropriate.

November 11, 2008 – Medical Malpractice Settlement

Rothstein Law reached a pre-lawsuit settlement for a woman who experienced delivery trauma as a result of inadequate anesthesia. The case settled during a mediation. Several other law firms turned this case down either because they did not see liability or because they thought the case was too small. Rothstein Law recognized its value and made it a winner.

November 7, 2008 – Settlement In Subway Slip And Fall

With a jury selected, Rothstein Law obtained a settlement in a difficult liability case for a man who slipped and fell down an interior subway station staircase due to water tracked inside following a huge blizzard. Rothstein Law took a case that most firms would have passed on and demonstrated its willingness to fight for the client.

October 15, 2008 – Favorable Ruling For Client In Bankruptcy Court

A client sued a women for having him falsely arrested. Just before the case was set to be tried, the woman filed for bankruptcy protection staying the false arrest case as a matter of law. Rothstein Law filed an adversary proceeding in Bankruptcy Court challenging the woman’s right to discharge the debt. The Bankruptcy Judge denied the woman’s motion to dismiss the adversary proceeding and issued an order allowing the false arrest trial to go forward.

August 13, 2008 – Elevator Negligence Case Settled In Mediation

A client was injured when the elevator she was riding in suddenly dropped. Rothstein Law’s investigation revealed that the building owner had notice of prior similar problems with the same elevator and pled guilty to a building code violation as a result of the client’s accident. Rothstein Law settled the case in mediator for twice what the client’s prior attorney had even demanded.

August 11, 2008 – Civil Default Judgment Vacated In Assault Lawsuit

Rothstein Law obtained a court order vacating a $60,000 default judgment against a man sued for civil assault who failed to answer the complaint. Rothstein Law convinced the Judge that its client had a reasonable excuse for not answering the complaint and a meritorious defense. Rothstein Law subsequently served an Answer on the client’s behalf and is defending the lawsuit.

August 7, 2008 – Criminal Charges Dismissed In Fake Credit Card Case

Rothstein Law obtained the dismissal of all charges for a man arrested for possession of counterfeit credit cards that the police discovered hidden in a car after a traffic stop. Rothstein Law presented case law to the prosecutor demonstrating that the search of the car violated the client’s rights. The client faced mandatory State jail time if convicted because he had a prior felony conviction for the same crime.

August 7, 2008 – 1 Year Jail Sentence For Man Facing Life In Jail

A client arrested in Westchester County for A-1 felony cocaine possession received a 1-year negotiated jail sentence after Rothstein Law presented legal arguments to the Special Narcotics Prosecutor questioning its jurisdiction to prosecute the case in New York County and questioning the client’s knowledge he was guarding a drug stash house.

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