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.

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.
 

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
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
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.

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.

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.

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.

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.

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.

  

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.