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.