April 8, 2014 - Court Denied Motion To Dismiss In Legal Malpractice Case
The clients sued their former lawyers for legal malpractice. Following the close of discovery, the defendants moved for summary judgment seeking to have the case dismissed on the ground that the statute of limitations had already expired at the time they retained their lawyers. Mr. Rothstein was able to show that this was not the case and the Judge denied the defense motion to dismiss. The case can now go to trial.
April 8, 2014 - Conditional Plea In DUI Case
The Nassau County police arrested the client for drunk driving after finding him stopped on the highway and he blew a .15 on the breath test given at the police station. The Nassau County DA has a tough policy on DUI cases but Mr. Rothstein was able to prove that the client stopped his car due to a mechanical issue and that his blood alcohol level was much less at the scene. As a result, the DA offered a conditional plea where the client has a chance to earn the traffic infraction of driving while impaired (DWAI) and avoid a criminal record.
April 2, 2014 - Fare Evasion Case Dismissed Before Original Court Date
The police arrested the client, a college student, for doubling up at a subway turnstile. The client had already accepted a summer internship at a well-known bank but faced the prospect of losing the job due to an impending criminal background check. Mr. Rothstein reached out to the DA's Office and convinced them to bring the Police Officer in early to complete the Complaint so that the case could be advanced. Mr. Rothstein also arranged a meeting with a senior Assistant District Attorney to create a path to early dismissal and sealing. After doing one day of community service, the court granted the DA' request to dismiss the case. Summer job saved!
March 26, 2014 - Immediate Dismissal And Sealing In Marijuana Case
The client, a recent college graduate, received a Desk Appearance Ticket for possessing marijuana but did not tell his parents. Instead, he opted to go to use with a public defender who did not properly advise him about the ramifications of accepting a marijuana ACD. As a result, the case showed up during a criminal background check after he was accepted for his first job. After telling his parents what happened they contacted Mr. Rothstein, who was able to convince the Judge to immediately dismiss and seal the case within 24 hours of being retained.
March 24, 2014 - Insurance Carrier Drops Declaratory Judgment Action
The client was injured while crossing the street when a taxi hit her. The taxi's insurance carrier started a declaratory judgment action seeking to avoid paying the client's medical bills under its no-fault policy. After Mr. Rothstein defeated the carrier's summary judgment motion, it decided to discontinue the case.
March 21, 2014 - Assault Case Dismissed
The client was arrested for punching and kicking another man inside Penn Station. After hearing the client's account, even before arraignment, Mr. Rothstein took steps to secure the surveillance recordings, which supported a self-defense claim. When the prosecutor disagreed, Mr. Rothstein began to prepare the case for trial. However, the client got arrested and jailed in Philadelphia. Mr. Rothstein then served written notice on the DA seeking to preserve the client's speedy trial rights thereby forcing the DA to attempt to extradite the client. After the client's release, Mr. Rothstein moved to dismiss the case based upon the DA's failure to make a diligent attempt to extradite the client. The DA conceded its error and the Judge dismissed the case.
March 17, 2014 - Settlement In Pharmacy Negligence Case
The pharmacy erroneously gave the client twice the dosage that her doctor prescribed causing the client to lose her hair. After retaining a top dermatologist who specializes in hair issues, Mr. Rothstein was able to negotiate a settlement with the pharmacy's insurance carrier.
March 17, 2014 - ACD In Century 21 Shoplifting Case
The client was arrested for shoplifting at Century 21 (PL 155.25 and 165.40). Based on the small amount involved and the client's youth, Mr. Rothstein was able to convince the prosecutor to offer an ACD. The case will end up being dismissed and sealed.
March 12, 2014 - Summary Judgment In Auto Accident Case
A van struck the client while he was sitting in his parked car. Following the close of discovery, after Mr. Rothstein got the defendant precluded for failing to appear for a deposition, Mr. Rothstein made a motion seeking summary judgment on the issue of liability. After hearing oral argument, the Judge granted the motion and trial will be limited to the issue of damages.
March 12, 2014 - ACD In Assault Case
The client was arrested for assault following an incident at a bar. When his public defender was unable to get the prosecutor to make any offer (thereby subjecting the client to a possible criminal record), the client hired Mr. Rothstein. Upon reviewing the file, Mr. Rothstein discovered that the prosecutor had erroneously announced her readiness for trial presenting an opportunity for Mr. Rothstein to allege a speedy trial violation. After the discussing the legal and factual issues, the prosecutor offered an ACD so the case will end up being dismissed and sealed.
March 12, 2014 - Public Urination Case Dismissed On Medical Grounds
The client was arrested for Public Urination. Mr. Rothstein convinced the Judge to dismiss the case by presenting medical evidence of necessity.
March 6, 2014 - Settlement For Police Officer In Motor Vehicle Accident
The client, a NYC Police Officer, was injured when another vehicle crashed into the his police car while it was operating with lights and sirens causing a permanent facial scar. Pre-suit, the other driver's insurance company made a small settlement offer that Mr. Rothstein rejected. After litigating and obtaining summary judgment on the issue of liability, the insurance company tendered its entire policy and settled the case.
February 26, 2014 - Drug Case Dismissed Early - Medical Career Saved
The client, a medical student, was arrested for misdemeanor drug possession. At his arraignment, his lawyer negotiated a deal that would leave the case open for 6 months before being dismissed and sealed but specifically told the client that early sealing was not possible. The client then called Mr. Rothstein who told the client that the lawyer was wrong and had ripped him off. The client needed early sealing or his medical career would be ruined because he is about to graduate and would have to submit to a criminal background check, to secure his residency, during the 6 month period that the case was going to be open. Mr. Rothstein contacted a senior member in the District Attorney's Office and brought the client in for a meeting. After the meeting the prosecutor agreed to immediate dismissal and sealing in exchange for 2 days of community service. Career saved! Unfortunately, the client wasted a significant amount of money on a different lawyer who just wanted a big fee for doing little work.
February 24, 2014 - Assault Case Dismissed
The client was arrested for hitting his girlfriend. However, Rothstein Law's investigation - including an interview with the girlfriend - showed that she hit and kicked the client multiple times before he hit her back in self-defense. Nevertheless, the prosecutor sought to have the client accept an ACD and a family Order of Protection. Mr. Rothstein advised the client to reject the offer and push for a trial. Upon seeing that the client was not going to back down, the prosecutor let the speedy trial clock run out and the Judge dismissed the case.
February 21, 2014 - Judge Denies City's Summary Judgment Motion
The client is suing the City for false arrest following dismissal of his criminal case alleging that he took part in a drug sale. Mr. Rothstein's investigation uncovered that the Detective gave different versions of what took place. The City moved to dismiss the case based on an arrest warrant. The Judge agreed with Mr. Rothstein that the motion was untimely and the warrant improper because it was not signed by a Judge. The case will now proceed to trial or settlement.
February 19, 2014 - ACD In Assault Case
A cab driver bumped into the client's leg while he was walking back to his truck after making a delivery. After exchanging words, the client punched the cab driver through the window while he was seated behind the wheel of the taxi. Faced with tough facts, Mr. Rothstein was able to convince the DA to offer an ACD, rather than a harsher plea that one would expect, my producing a witness who confirmed that the taxi struck the client causing him to react in anger. The case will be dismissed in 6 months.
February 13, 2014 - Judge Agrees To Immediate Sealing In Marijuana Case
The client was arrested at the Electric Zoo concert for possessing alleged MDMA and marijuana. When the lab report on the MDMA came back negative the DA offered the client a marijuana ACD, which would remain open for 1 year. Mr. Rothstein made a compelling argument that but for the DA's investigation into 2 deaths at the concert the client's case would have been resolved months earlier and that having an open case for 1 year would hurt the client's job prospects. Over the DA's objection, the Judge agreed with Mr. Rothstein and immediately dismissed and sealed the case.
January 23, 2014 - City Settles Excessive Force Case
A Police Officer arrested the client after seeing her arguing with her boyfriend on the street. During the arrest, the Officer punched the client in her eye causing a fracture. The Police Officer alleged that the client was drunk and interfering with his efforts to arrest the boyfriend by jumping on the Officer's back, and his partner's, and reaching for his gun. During his deposition, the Officer denied striking the client. Mr. Rothstein was able to raise significant credibility issues about the Officer by demanding the Internal Affairs file, which included a tape recorded interview where he admitted striking the client. In that same interview the Officer failed to allege that the client jumped on his partner's back. In addition, Mr. Rothstein pointed to a video of the aftermath posted on YouTube in which the client was screaming that the Officer punched her in the eye. Faced with this video and the Officer's inconsistent statements the City elected to settle.
January 21, 2014 - Victory In DMV Refusal Hearing
After the client was arrested for allegedly driving under the influence of marijuana, the arresting officer claimed that he refused to submit to a urine test. This is serious because a guilty finding results in a 1 year suspension of your driver's license regardless of what happens to the criminal case. At the hearing, Mr. Rothstein was able to show that the Police Officer lacked reasonable grounds to subject the client to a urine test and that the client never refused. The Judge found in the client's favor and dismissed the case.
January 17, 2014 - Not Guilty Verdict In Attempted Assault Case
The client was arrested after her husband claimed she hit him during an argument. When the client's original lawyer advised her to accept a plea bargain she fired the attorney and hired Eric Rothstein. Mr. Rothstein's found that the client had made several inconsistent statements about the incident to the police and in a summons and complaint for a divorce. Mr. Rothstein's cross-examination of the complaining witness was so effective that the prosecutor wrote a note to his supervisor, who was assisting him, that said "I am willing to throw in the towel if he will stop the fight" indicating that he knew that Mr. Rothstein was destroying the witness' credibility. The judge found the client not guilty.
January 14, 2014 - Early Dismissal In Marijuana Case
The client was arrested for possessing marijuana. At arraignment, Mr. Rothstein convinced the prosecutor and Judge to dismiss the case in 30 days because of potential negative job implications.
January 13, 2014 - Shoplifting Case Dismissed
The client, with a lengthy criminal record, was arrested for shoplifting at a well known clothing store. The client claimed that he was returning clothing given to him as a gift so Mr. Rothstein subpoenaed the store's surveillance recordings, which supported the client's position. After Mr. Rothstein shared his findings with the prosecutor, she allowed the case to get dismissed.
January 13, 2014 - ACD In Criminal Mischief Case
The client was arrested for allegedly serving as a lookout while his friend affixed a sticker to a Transit Authority box in a subway station. The co-defendant plead guilty at his arraignment and had to perform community service. Mr. Rothstein advised the client to reject that offer and fight the case. After discussing the weakness of the case with the prosecutor, he relented and offered the client an ACD with no community service. The case will be dismissed and sealed.
January 9, 2014 - No Arrest In Food Stamp Fraud Case
The client was under investigation by the Human Resources Administration (HRA) for receiving SNAP (former known as food stamps) benefits when not legally eligible. Mr. Rothstein was able to negotiate a deal where the client paid back much less the amount owed with no arrest or criminal prosecution.
January 8, 2014 - Criminal Assault Case Dismissed
The client was arrested for allegedly assaulting his wife. Despite a non-cooperative witness the prosecutor failed to make a good plea offer so Mr. Rothstein advised the client to push for a trial. The prosecutor finally gave up and the case was dismissed.
January 6, 2014 - City Settles Inmate Slip And Fall Case
The client slipped on a wet floor that had been mopped by fellow inmates in the Manhattan Detention Center (a/k/a The Toombs). During the City's deposition Mr. Rothstein got the Captain who investigated the matter to admit that the floor was still wet 15 minutes after the accident and that there were no wet floor signs in use. The City settled the case just before trial.
December 20, 2013 - Police Officer Awarded Summary Judgment
The client, a Police Officer, was injured when another vehicle crashed into his police car after failing to yield the right of way while the client and his partner were responding to an emergency call. During the defendant's deposition, Mr. Rothstein got the other driver to admit he heard the siren yet entered the intersection despite a bus blocking his view. The Court granted Mr. Rothstein's motion to determine liability against the other driver and the trial will be limited to the client's damages only.
December 18, 2013 - City Settles False Arrest Case
The police arrested the client for allegedly selling marijuana but the District Attorney declined to prosecute the case because the Officer's observations were non-specific and he lacked probable cause to arrest. After using the Freedom of Information Law to get the prosecutor's Declined Prosecution Memo, Mr. Rothstein was able to negotiate a settlement with the City.
December 5, 2013 - Settlement In Loss of Sepulcher Case
A cemetery mistakenly buried the remains of the client's sister in the grave reserved for the client. As a result of the error, the client cannot be buried next to her previously department husband. Despite denying the error in its Answer to the Complaint filed in federal court, Mr. Rothstein forced the cemetery's President to concede the error during her deposition. The court then granted Mr. Rothstein's motion for summary judgment after which the cemetery agreed to a financial settlement as well as planting of yew trees and providing free perpetual care on 8 plots.
November 26, 2013 - MDMA (Molly) Case Dismissed
The client was arrested entering a concert hall when security found several MDMA pills. At his arraignment, the prosecutor sought to treat the client harsher because of his profession. Following Mr. Rothstein's advice, the client rejected the offer and Mr. Rothstein demanded a lab report. When the lab report showed no controlled substances, the DA was forced to move to dismiss the case.
November 20, 2013 - ACD In Shoplifting Case
In a NYC rarity, the client was arrested days after stealing a pair of shoes from a store when a salesperson recognized her on surveillance video. Mr. Rothstein negotiated a deal whereby the client returned the shoes in exchange for an ACD without any community service.
November 19, 2013 - 40 Year Old Criminal Case Dismissed
The client was indicted in 1973 for allegedly using stolen credit cards to purchase airline tickets. After being released on bail, the client left the Country before moving to Canada and the upstate New York. Recently, the client was denied entry into Canada because of his open case and a bench warrant. After being retained, Mr. Rothstein spoke to the District Attorney's Office, which agreed not to oppose Mr. Rothstein's motion to dismiss the case based on a speedy trial violation. The client will now be able to enter Canada.
November 12, 2013 - Settlement In Grave Breach Of Contract Case
20+ years after buying two burial plots from a funeral home, the clients found a stranger buried next to their father/husband. While the funeral home denied selling the graves, Rothstein Law's investigation revealed that the funeral home and one of its principals had plead guilty to illegally buying and selling graves just a few years after the clients' purchase (only a cemetery can buy/sell graves in New York). In addition, In addition, documents uncovered in discovery included a spreadsheet calculating the funeral home's profits from grave selling. Following a 4 hour mediation, the funeral home agreed to a settlement package worth $96,300 that included $75,000 and a replacement grave.
November 6, 2013 - Federal Criminal Case Dismissed
In 2001, the US Attorney's Office filed charges against numerous people in connection with a credit card scam. The client was out of the country at the time of the arrests and never returned. Recently, the client retained Mr. Rothstein to address the situation. After numerous discussions with the prosecutors assigned to the case, Mr. Rothstein convinced the US Attorney's Office to dismiss the case and vacate the arrest warrant without the client having to appear in court.
November 1, 2013 - ACD And Early Dismissal In Subway Assault Case
The client was arrested for assault following a dispute with a stranger on the subway. Our investigation revealed that the complaining witness started the incident and refused medical attention. The client initially hired another lawyer who claimed for a month that the DA was not returning his calls. Unsatisfied, the client hired Mr. Rothstein who was able to immediately reach the DA and quickly resolve the case.... even getting it advanced so that it will be dismissed sooner.
October 16, 2013 - New Jersey Criminal Case Dismissed
The client was arrested for allegedly assaulting his girlfriend in their apartment in Hoboken, New Jersey. Mr. Rothstein met with the prosecutor and convinced her to dismiss the case contingent on the client and his girlfriend to attending couples therapy.
October 15, 2013 - ACD In Resisting Arrest/Attempted Assault Case
The client has arrested for resisting arrest and attempted assault on a Police Officer after failing to leave a restricted area in front of the Barclay's Center just before the Video Music Awards. Using the client's strong resume and letters of recommendation, Mr. Rothstein convinced the DA to offer the client an ACD.
October 11, 2013 - Early Sealing of ACD Case
The client was arrested for jumping a subway turnstile. While job hunting, and while represented by a public defender, the client accepted an ACD that did not seal for several months. Subsequently, a prominent bank offered the client a job as a Private Banker but then rescinded the offer when the arrest appeared on his background check because the matter had not yet sealed. Within 24 hours of being hired, Mr. Rothstein convinced the DA and the Judge to immediately seal the case. The bank reinstated the job offer.
October 3, 2013 - Early Dismissal of ACD Case
The client accepted an ACD in July 2013 that was scheduled for dismissal and sealing January 2014. On October 1, 2013, the client's employer offered him a transfer to Singapore but it required a background check be performed on October 7. On the evening of October 2, the client e-mailed Mr. Rothstein asking if there was anything he could do to prevent the ACD from appearing on his background search. The following morning, Mr. Rothstein went to court, got the case advanced from January and convinced the Judge to immediately dismiss and seal the case. This immediate response saved the client's transfer and is the type of client care that Mr. Rothstein strives for.
September 25, 2013 - ACD In Forged Instrument Case
The client was arrested for possessing a forged parking plaque. His case was complicated by the fact that he unknowingly parked in front of the building where the Police Commissioner lives and it was the eve of the July 4th weekend. As a result, both the NYPD and federal law enforcement agencies were alerted. Mr. Rothstein was able to cut through these complicating factors and convince the DA to offer the client an ACD with 2 days community service by demonstrating that the client meant no harm, which was evidenced by the plaque being a clear forgery, including misspelled word. The case will be dismissed in 6 months.
September 24, 2013 - ACD In Assault Case
The client was arrested for allegedly assaulting his upstairs neighbor following a noise dispute. The prosecution initially refused to make any offer in the case. After Mr. Rothstein presented alibi evidence that undermined the complaining witness' claims of prior incidents, the prosecutor finally offered an ACD with restitution for medical expenses. However, Mr. Rothstein was able to prove that the complaining witness had medical insurance, making it look like he was just trying to pocket the money. After investigation the District Attorney agreed to a straight ACD and the case will be dismissed.
September 13, 2013 - Rothstein Again Selected For Inclusion In Super Lawyers
Eric Rothstein has been named to the Super Lawyers list as one of the top attorneys in New York for 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. Mr. Rothstein was named to the 2012 list as well.
August 29, 2013 - Judge Denies Defendant's Summary Judgment Motion
A taxi cab hit the client while she was crossing the street. Following the close of discovery, the defendant moved for summary judgment alleging that the client did not suffer a "serious injury" as defined by the Insurance Law. Mr. Rothstein opposed the motion and presented reports/affirmations from three doctors stating that the client suffers from traumatic brain injury and cognitive impairments. After oral argument and considering the motion papers, the Judge denied defendant's motion and the case can now proceed to trial.
August 26, 2013 - Open Container Case Dismissed
The client received a pink summons for Consumption of Alcohol (Administrative Code section 10-125) for drinking whiskey in front of a house. Mr. Rothstein convinced the Judge to dismiss the case because the summons failed to offer sufficient proof of the drink's alcoholic content by volume as required by the statute.
August 9, 2013 - Taxicab Fare Evasion Case Dismissed
The client was arrested after failing to pay for a taxi ride. The client explained that upon arriving home she realized that she had lost her wallet at a bar so the cab driver took her back, where she left her pocketbook as collateral while she re-entered the bar to look for her wallet. When she could not find it the cab driver again drove her home where she intended to get another form of payment in her apartment and again left her bag as collateral. Unfortunately the client was not feeling well and passed out when she entered her apartment. Later, her buzzer rang and she thought it was neighbors trying to get in the building. Soon after she realized a police car was in front of the building so she went to the bathroom and upon return saw the police drive away. The next say she hired Mr. Rothstein who learned that the cab driver had filed a complaint. Mr. Rothstein obtained the surveillance video from the bar showing the client leaving, returning and leaving again and obtained an email from a bar employee advising the client that he found her wallet. Mr. Rothstein immediately contacted the District Attorney's Office, shared the results of his investigation, and got them to meet with him and the client even before the initial court date because the client was facing a background search in less than a week and would get fired if the case as open. After the meeting, the DA agreed to let the client pay the cab fare and then dismiss the case.
July 31, 2013 - Judge Denies City's Motion For Physical Exam
The client was injured in a slip and fall and sued the City. As part of the normal discovery process, the City had the right to have its doctor examine the client. However, the City failed to notice the examination and Mr. Rothstein placed the case on the trial calendar. 5 1/2 months later, the City moved to compel the examination and Mr. Rothstein opposed. The Judge agreed with Mr. Rothstein that the City waived its right to the exam. This will give the client an advantage at trial.
July 26, 2013 - Judge Denies Insurance Carrier Summary Judgment
Following a pedestrian knockdown, the driver's insurance carrier filed a declaratory judgment action seeking an order that it did not have to pay the client's no-fault insurance benefits on the ground that the client failed to attend an Examination Under Oath. Mr. Rothstein opposed the motion on the ground that despite knowing that the client did not have a lawyer it sent the hearing notices to an out-dated address. The Judge found a question of fact for a jury to decide and denied the insurance carrier's motion.
July 22, 2013 - ACD In Robbery Case
The client was arrested for aiding a robbery after another man attacked the complaining witness and stole his phone while the client was speaking with him about money he owed the client. The prosecutor's theory was that the client set the complaining witness up to be robbed. Rothstein Law's investigation showed that the complaining witness was a drug user, a drug seller, and often stole from him friends. Mr. Rothstein took the client to meet with the prosecutor and after hearing his side of the story agreed to adjourn the case in contemplation of dismissal meaning that it will be dismissed in 6 months.
July 18, 2013 - Early Dismissal and Sealing of ACD
The client contacted Mr. Rothstein after being offered a new job, which requires a background check. The client had an open ACD that she accepted a few months ago with a different lawyer. Mr. Rothstein contacted the prosecutor and arranged to get the case dismissed and sealed in less than 48 hours so the case should not appear on the background check.
July 17, 2013 - Judge Upholds Attorney - Client Privilege
The client is suing her former lawyer for legal malpractice. As part of discovery, the defense demanded that the plaintiff provide them with authorizations for copies of her file with the attorney who represented her prior to the attorney being sued. Mr. Rothstein agreed to provide an authorization for the non-privileged portion of the file but objected to the privileged portion based on attorney-client privilege. After reading the motion papers, the Judge agreed with Mr. Rothstein and held that the client did not waive the privilege.
July 16, 2013 - Early Dismissal In Drug Possession Case
The client was arrested for possessing a few illegal pills and accepted an ACD and 3 drug counseling seasons represented by another lawyer. Subsequently, the client received a job offer requiring a background check. The client then hired Mr. Rothstein to get his case dismissed and sealed. Mr. Rothstein immediately reached out to a senior official in the District Attorney's Office and arranged a meeting with the client. After the meeting, the DA agreed to dismiss and seal the case immediately if the client did 2 days of community service, which he did.
July 15, 2013 - Assault Case Dismissed
The client was arrested for assaulting a stranger on the street. At his arraignment, Mr. Rothstein presented evidence that the client was attacked first and simply defended himself. The District Attorney did not pursue the case and the Court dismissed it.
July 11, 2013 - Pill Case Dismissed
The client, and 3 others, were arrested in the parking lot of Citi Field on their way to a concert based upon a Police Officer's allegation that he saw a bag of pills protruding from the driver's knapsack and saw another bag of pills behind the driver's seat. The Officer alleged that the client had been sitting in the front passenger seat. At the arraignment, the prosecutor initially offered the driver a violation and community service and the client, and the rear seat passengers, and ACD and 2 days community service. Mr. Rothstein told the prosecutor that he would not accept the offer because the Officer's allegation about seeing the pills seemed suspect and this appeared to be a bad search, the client was nowhere near the pills, and because the client was starting a new job in September, which an open ACD might jeopardize. As a result of Mr. Rothstein's stance, the prosecutor agreed to dismiss the case against all 4 defendants in 1 month.
July 10, 2013 - Settlement In Unlawful Eviction Case
The client's landlord obtained a warrant of eviction and had the Marshall remove the client from his apartment despite the fact that he had paid his rent. After regaining occupancy in Landlord-Tenant Court the client came to Rothstein Law to pursue an unlawful eviction case. In an effort to defend the case the landlord appealed the Landlord-Tenant Court decision but lost. Based on that ruling, Mr. Rothstein moved for summary judgment, which caused the defendant to settle the case.
June 19, 2013 - Early Dismissal and Sealing of Marijuana ACD
Represented by another attorney, the client accepted a marijuana ACD following his arrest for possessing the drug. A marijuana ACD stays open for 1 year, which would have negatively affected the client's job search. After being retained on June 17, 2013, Mr. Rothstein went to court the next day to get the case advanced for June 19 and then convinced the Judge to dismiss and seal the case today.
June 10, 2013 - ACD For Man Who Assaulted Woman
The client was charged with assault after he punched a woman who had butted into a dispute outside of his apartment. The prosecutor took a hard line approach because a man punched a woman. Mr. Rothstein went to the prosecutor's supervisor and made and a strong case that while the conduct was not excusable the client should not be made to suffer simply because the victim was female and noted that she had not been hurt. After listening to Mr. Rothstein, the prosecution relented and offered the client an ACD with 1 day of community service meaning that the case will be dismissed and sealed in 6 months.
June 6, 2013 - Criminal Case Dismissed Within 3 Hours of Retention
The client received a summons for having an open container of alcohol a block from the St. Patrick's Day Parade. The client put the summons in his jacket, which was stolen later that day. The client returned to an Upstate college and was unable to get anyone on the phone at the court to find out his appearance date. When school ended, the client returned to NYC and went to the court only to learn that his case had been called the day before and a bench warrant issued for his arrest. The client was unable to get his case heard because he arrived after the end time for warrant cases to be pulled. The client flew out of the Country that night as previously planned but would not be able to return with the warrant pending. In addition, the client is starting a new job in August and the company is going to a do background check next week. Within 3 hours of the client hiring Mr. Rothstein, he appeared in Court, got the warranted vacated and convinced the Judge to dismiss the case in the interest of justice.
May 31, 2013 - State of New York Settles False Arrest Case
The NYPD arrested the client and gave him a Desk Appearance Ticket. The client appeared in court when he was supposed to but the case was not ready. However, a Court Clerk mistakenly issued a bench warrant in the client's name that was intended for someone else and the NYPD arrested the client and held him overnight before bringing him to court where the error was discovered and he was released. Mr. Rothstein went to the courthouse and obtained a copy of the Court calendar showing the docket number on the warrant belonged to the other person's case and a copy of the sign in sheet proving that the client had appeared. Mr. Rothstein also reviewed the file and saw that the Court had placed a sticker over the client's name because it had been erroneously placed on the file where the warrant was issued. Mr. Rothstein first sued in the Court of Claims in order to use the discovery process to learn the Court Clerk's name and then sued him in Supreme Court where cases are worth more. After reviewing the documents that Mr. Rothstein collected, the State settled the case.
May 30, 2013 - ACD For Client In Europe
The client was arrested for shoplifting while on vacation in New York but returned home before her court date. Mr. Rothstein was able to obtain an Adjournment In Contemplation of Dismissal for the client without her having to come back to New York, thereby saving her thousands of dollars.
May 30, 2013 – Defendant’s Motion To Dismiss Denied
The case arose after a funeral home illegally sold the client a grave that had already been purchased by another family. The defendant filed a motion to dismiss the fraud and punitive damages claims. After oral argument, the Judge accepted Mr. Rothstein’s position and denied the funeral home’s motion to dismiss.
May 30, 2013 - Misdemeanor And 6 Months For 3 Robbery Charges
The client was indicted for 3 separate robberies where he would approach someone on the street, bump into them and drop a paper bag containing a bottle of water. The client would then blame the victim for the contact and claim the victim broke his $40 bottle of liquor, demand reimbursement and threaten violence if not paid. At arraignment, the prosecutor offered the client a felony and 5 years in jail. Mr. Rothstein then filed a motion asking the Judge to dismiss the case because the allegations described fraudulent accosting, a misdemeanor, not robbery. After reviewing Mr. Rothstein's motion, the DA's Office changed its view of the case and offered the client a single misdemeanor and 1 year, which Mr. Rothstein negotiated down to 6 months, despite the client's lengthy criminal record.
May 21, 2013 – ACD in Criminal Contempt Case
The client was arrested for allegedly violating a court order of protection by twice going to her apartment to remove her property as part of a move out. Mr. Rothstein was able to demonstrate that the client has a good faith belief that the complaining witness had moved out of the apartment and thus there was no intentional violation. After meeting with Mr. Rothstein and the client the prosecutor agreed to offer an ACD, meaning the case will be dismissed and sealed in 6 months.
May 21, 2013 – Burglary Case Dismissed
The police arrested the client and charged her with burglarizing her own apartment after the person she sublet to claimed she stole his possessions. Mr. Rothstein’s investigation showed that the complainant was a scammer who had failed to pay the rent or utilities during the sublet period and was simply acting out because the landlord had sued to recover the apartment. After Mr. Rothstein and the client met with the Assistant District Attorney and showed photographs that belied the complainant’s claims, along with documentation of his non-payment, the prosecutor agreed to dismiss the case.
May 20, 2013 – Dismissal In Shoplifting Case (PL §§ 165.40, 155.25)
The client was arrested for shoplifting from Century 21 but admitted her guilt and was remorseful. Mr. Rothstein convinced the DA to move to dismiss the case in exchange for doing community service so that the records would seal and not interfere with the client applying to become a Pharmacy Technician.
May 17, 2013 - Grand Jury Dismisses Alleged Home Invasion Robbery
The clients, two young men, and their father, were arrested for allegedly breaking into the home of cousins and using bats to beat and rob them. Mr. Rothstein, working closely with the father’s attorney, undertook a detailed investigation to prove that the complaining witnesses made up the story after the police arrested one of them for trying to extort $40,000 from the father. Our evidence included over a dozen alibi witnesses, an I-phone sleep app showing that one of the kids was asleep at the time of the alleged robbery, and proof that one of the complaining witnesses lied in a related Family Court proceeding (which we also got dismissed). Critical to our success was convincing the prosecutor to make the complaining witness who was arrested for extortion waive his right to immunity before allowing him to testify in the grand jury. After considering the matter, the grand jury returned a no-true bill and dismissed the case.
May 8, 2013 - Deli Saved From Padlock Law Following Owner's Arrest
The police arrested the client for possession of marijuana, pills and 2 handguns inside of his store. Subsequently, the Police Department's Legal Bureau obtained an ex-parte court order to close the business. Initially, based on input from the local precinct Commanding Officer, the Police Department refused to make the client any offer that would allow him to re-open the deli and sought to force the client to either sell the business or permanently close. With the law and facts against the client, Mr. Rothstein obtained numerous letters of reference from members of the community and then enlisted the local City Council representative to present the letters to the Commanding Officer. The Commanding Officer was very impressed with the letters and changed his mind and told the Legal Bureau that he did not mind allowing the deli to re-open. Thereafter, Mr. Rothstein was able to negotiate a deal allowing the deli to resume business.
May 7, 2013 - DA Declines To Prosecute Drug Charge Due To Bad Stop
After pulling the client over for speeding, the police searched the client's car without consent or just cause and found a pill bottle containing the client's prescription medication as well as some prescription medication belonging to his father. The police arrested the client for Criminal Possession of A Controlled Substance and issued him a Desk Appearance Ticket. Mr. Rothstein began discussing the case with the DA's Office before the initial court date and convinced the prosecutor that the search was unlawful. As a result, the DA declined to prosecute the case.
April 25, 2013 - Eric Rothstein Receives AV Preeminent Rating
I am honored to announce that after an extensive and confidential peer review by members of the Bar and Judiciary, Martindale-Hubbell has given me its highest
rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell "AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Martindale-Hubbel's Peer Review Ratings reflect a combination of achieving a Very High General Ethical standards rating and a Legal Ability numerical rating. A threshold number of responses is required to achieve a rating. The General Ethical standards rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities. Those lawyers who meet the "Very High" criteria of General Ethical Standards can proceed to the next step in the ratings process - Legal Ability. Lawyers who receive the AV Preeminent status have been awarded the highest ratings for their professional ethics and legal ability by their peers. Fewer than 8% of attorneys achieve an AV Preeminent rating. This recognition follows my being named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.
April 25, 2013 - City Settles False Arrest Case
The police allegedly received an anonymous call of a man with a gun in a car. When the police arrived, the client was sitting in the car, registered to his girlfriend, which he had just picked up from her brother. The police did not find a gun but arrested the client for possessing marijuana they found inside the glove compartment. After the client spent 22 hours in custody waiting to see the Judge, the District Attorney declined to prosecute because the police failed to field test the marijuana. Mr. Rothstein filed a Notice of Claim against the City because the police lacked probable cause to arrest the client. The charged the police used required the marijuana to be burning or in plain view; neither of which applied. In addition, there was no proof that the client knew there was marijuana in the car, an element of the crime, because the automobile presumption does not apply to marijuana cases. After the Comptroller’s Office discussed the case with Mr. Rothstein, the City agreed to settle the claim without the need for a lawsuit.
April 9, 2013 - Civil Lawsuit Dismissed
The client's former landlord sued him for abuse of process, civil harassment and infliction of emotional distress after the client sued him for wrongful eviction in Housing Court. At first, the client represented himself but then decided he should have a lawyer to represent him. After being retained, Mr. Rothstein immediately filed a motion to dismiss the case for failure to state a cause of action. After reviewing the motion papers, the Judge agreed with Mr. Rothstein's position and dismissed the case.
April 5, 2013 - Bench Warrants Vacated For Out of Country Clients
The clients were arrested for shoplifting and issued Desk Appearance Tickets the day before they returned to their home country. When the failed to appear in court, the Judge issued bench warrants for their arrest. Mr. Rothstein contacted the District Attorney's Office and negotiated a deal where the clients did community service in their country and then the warrants were vacated and the clients received Adjournments In Contemplation of Dismissal meaning the cases will be dismissed in six months if they are not re-arrested.
March 19, 2013 - Drug and Alcohol Possession Case Dismissed
The client was arrested outside the Best Buy Theater when a police officer say him holding a Poland Spring bottle of water and approached him. The Officer claimed he smelled vodka and began to search the client, finding an ecstasy pill, which resulted in his arrest. Mr. Rothstein took one look at the Criminal Court complaint and sensed an illegal search. During his conversation with the District Attorney, the prosecutor said the liquid was pink, prompting Mr. Rothstein to ask how the Officer knew it wasn't pink lemonade. After speaking with the Officer, the prosecutor admitted that the search was problematic and moved to dismiss the case.
March 13, 2013 - Trespass Case Dismissed
The client was arrested for refusing to leave the hospital. What the charging document failed to advise the court is that the police were called to the client's home by his ex-wife; the police forced their way into the house and then tasered the client before taking him to the hospital for a psychological examination, which he passed. By the time the police released him it was 5:40 am on a cold November day and the police had taken him to the hospital without shoes! The client refused to walk out of the hospital without shoes and asked the police to drive him home. When they refused, the client refused to leave so the police arrested him for trespass. After hearing Mr. Rothstein recite the full story the Judge dismissed the case.
February 28, 2013 - Fare Evasion Dismissed In The Interests Of Justice
The client and his wife were taking the PATH train with their infant children. The wife paid with her card and went through the gate with a stroller. The client then did the same but not before the gate closed so he unknowingly didn't pay and the police gave him a pink summons. Mr. Rothstein showed the Judge 6 months of card records demonstrating that the client paid his fare every day, twice a day: once going to work and once going home. The Judge agreed to dismiss the case in the interests of justice.
February 25, 2013 - Violation In Felony Criminal Contempt Case
The client was arrested for allegedly assaulting his ex-girlfriend and the Judge issued an Order of Protection directing that the client have no contact with the woman. Thereafter, the client allegedly called, left a message, and texted the woman threats to drop the criminal case. The client was then charged with felony criminal contempt of court and tampering with a witness, charges that could have resulted in his deportation. After the second arrest, the client's family retained Eric Rothstein to handle both cases. Our investigation proved that the woman baited the client by texting him at least 10 times after the court issued the Order of Protection. While this was not a legal defense, Mr. Rothstein was able to convince the prosecutor that a Disorderly Conduct plea was the appropriate outcome, especially given that the woman appeared motivated by her inability to recoup a loan to the client. In addition, the original case is going to be dismissed. Given these great outcomes, the client will not have any immigration problems.
February 14, 2013 - ACD In High Profile Subway Stabbing Case
The client was one of many teenage girls accused of riot and assault charges in connection with the stabbing of a Vietnam veteran on a subway; the case received wide spread media coverage. The District Attorney's Office viewed the client as the second most culpable participant behind only the stabber and considered indicting the client on felony charges. Mr. Rothstein's investigation, including having his investigator track down and interview an eye-witness, showed that the client's role was much less serious than the prosecutor thought and therefore Mr. Rothstein brought the client to meet with the prosecutor to discuss the case. After that meeting, the prosecutor agreed to offer the client an Adjournment In Contemplation of Dismissal, which means the case will end up getting dismissed and sealed.
February 4, 2013 - Court Quashes Non-Party Witness Subpoena
Rothstein Law represents a woman who was injured when a taxi struck her while she was crossing the street. There is a factual dispute about whether the accident took place in the crosswalk. Following the completion of discovery defense counsel served a subpoena to depose an alleged eyewitness. Based on his investigation, Mr. Rothstein believed the witness' testimony would be harmful to the client's case so he filed a motion to quash the subpoena because the defense failed to take it while discovery was open and failed to show unusual or unanticipated circumstances. The Judge agreed with Mr. Rothstein's position and quashed the subpoena.
January 31, 2013 - Youthful Offender Treatment In I-Pod Robbery
The client was arrested for forcibly stealing an I-Pod on the subway, a crime that the District Attorney's Office has been cracking down on. Initially, the prosecutor and the Judge refused to offer the client Youthful Offender treatment, which would allow him to avoid getting a criminal record. However, Mr. Rothstein was persistent and retained a social worker to prepare a psycho-social evaluation. After numerous conferences, the prosecutor and the Judge relented and placed the client on interim probation. After successfully completing the interim probation the client was given Youthful Offender treatment, which means he does not have a criminal record.
January 28, 2013 - ACD In Aggravated Harassment Case
The client's ex-girlfriend had him arrested for allegedly threatening her in multiple telephone calls. However, Mr. Rothstein obtained the client's telephone records that showed no calls between the parties during the time alleged by the woman. Mr. Rothstein then served the prosecutor with a demand for a bill of particulars for the time and phone numbers allegedly involved. The prosecutor spoke to the woman who then claimed that she was confused about the days and changed her claim to a month earlier. Given the credibility problem this change in story created the prosecutor lowered his offer to an ACD, which will result in a dismissal.
January 11, 2013 - 6-Figure Settlement For Teen Who Caused Fire
The client received burns to his hand and arm after he caused a kitchen fire by frying chicken. The fire started when the client left the pot unattended to use the bathroom. When he returned to the kitchen, the client exacerbated the situation by trying to douse the fire with water. However, the apartment's smoke detector failed to work. Rothstein Law's investigation showed that the family had moved in less than 1 week before and that the smoke alarm, which was electrical, had not been connected. The building’s insurance company initially refused to make an offer because the client's father signed a lease indicating that the alarm was working when he signed it. However, Mr. Rothstein got the Property Manager to admit during his deposition that the alarm did not work when he tested it after the fire. As a result of this admission, the carrier changed position and the case settled for a 6-figure number.
January 9, 2013 - Not Guilty Verdict In Robbery Case
The client was accused of robbing a wheelchair bound man in the vestibule of his apartment building lobby. On its face, the complaining witness appeared to be a sympathetic figure. However, Mr. Rothstein's investigation revealed that he has been a criminal and drug addict since age 8, lied to his doctors and a Judge, and failed to notice that the client had a large skin discoloration running from his neck to forearm and a large tattoo from the forearm to wrist. The failure to notice these physical characteristics proved fatal to the prosecution because Mr. Rothstein established that the complaining witness had seen the person who attacked him 30-60 times in the one or two months before the incident. Mr. Rothstein was able to convince the jury that the client was the victim of a mistaken identification. Mr. Rothstein shredded the witnesses' credibility and reliability while also vigorously attacking the police work. Mr. Rothstein's investigation established that the arresting officer nominated himself for Cop of the Month for making the arrest but forced the DA to concede that the officer's performance had been "mediocre" and not worthy of the award. The jury returned its not guilty verdict in only 35 minutes.
December 17, 2012 – City Withdraws Motion To Dismiss
Rothstein Law filed a malicious prosecution case in federal court on behalf of the client after his criminal case was dismissed because the evidence presented to the grand jury was legally insufficient. The complaint raised both federal and State law claims and alleged that the police lied to the grand jurors. The federal Judge dismissed the federal claims based on a newly decided U.S. Supreme Court case giving immunity to testimony give before a grand jury and declined to hear the State law claims. Thus, Rothstein Law re-filed the State claim in State court. The City then made a motion to dismiss claiming that State law also gave immunity to testimony before a grand jury and on collateral estoppel issues. The City’s argument was baseless because New York does not immunize perjured testimony and because the federal Judge never decided the merits of the State law claims. Therefore, Mr. Rothstein asked the City attorney to withdraw it. When she refused, Mr. Rothstein drafted a response that sought costs and sanctions based upon a prior baseless argument the same attorney made in an earlier case. Mr. Rothstein then gave the attorney a draft of the motion and asked that she review it with her supervisors. After doing so, the City agreed to withdraw the motion.
December 12, 2012 – Shoplifting Case Dismissed
The client, who was arrested at Century 21 for shoplifting (Penal Law § 155.25) and Criminal Possession of Stolen Property (Penal Law § 165.40) is not a U.S. citizen and was scheduled for fly home later this week in order to get engaged to be married. The District Attorney initially offered the client an ACD and community service meaning the case would be adjourned for 6 months and then dismissed and sealed. However, because the case would technically remain open during the 6 month period, Immigration would have the discretion to deny re-entry to the U.S. Mr. Rothstein reached out to a high ranking official in the District Attorney’s Office and then took the client in for a meeting. As a result of the meeting, the District Attorney agreed to dismiss the case in the interests of justice and the client will not have any immigration problems.
November 21, 2012 - ACD In Family Court Attempted Assault Case
The client, a teenager, was arrested for attempted assault following a fight in a park. Based upon the time reported by the complaining witness, Mr. Rothstein was able to present a strong alibi defense. Based on this defense, the prosecutor offered the client an ACD, meaning the case will was adjourned for 6 months and will be dismissed if the client does not get into further trouble.
November 14, 2012 - Endangering The Welfare Of A Child Case Dismissed
The client was arrested for allegedly leaving his six year old child at home alone in the middle of the night. The client's original attorney told the client that the prosecutor did not need any corroborating affidavits based upon the way the police officer drafted the complaint. When the client decided he did not like the lawyer's attitude he came to Rothstein Law. After reviewing the complaint, Mr. Rothstein believed that the prosecution needed two supporting depositions, which they failed to timely obtain. Eventually, the prosecutor conceded that Mr. Rothstein was correct and the case was dismissed due to a speedy trial violation.
November 7, 2012 - ACD In False Police Report Case
The client was robbed and beaten after leaving a bar highly intoxicated. At the hospital, he told the police that he was robbed in his elevator, although he really didn't recall. After getting the surveillance video from the elevator showing that client riding alone, the police arrested the client for falsely reporting an incident in the third degree. The client's RAP sheet showed a disorderly conviction from 1983 that should have been sealed. The prosecutor initially offered the client another disorderly conduct and community service. While discussing the case, Mr. Rothstein realized that the DA did not know the client had truly been robbed and treated at the hospital. After showing the prosecutor the client's medical records, which confirmed the client was intoxicated, the DA offered an ACD. A seperate judge then granted Mr. Rothstein's application to seal the 1983 case.
October 18, 2012 - Mistrial In Robbery Re-trial
Following a hung jury (see June 1, 2012 news item), the prosecution re-tried the case. Despite failing to identify the client at the arrest scene or during the first trial, where he testified he could not ID, the eye-witness suddenly ID' the client during the re-trial. During a recess, Mr. Rothstein asked the prosecutor why the witness could all of a sudden ID and the prosecutor mentioned that he had shown the witness a single photo of the client on three seperate occassions. Mr. Rothstein immediatly asked the Judge for a mis-trial because the prosecutor failed to give proper pre-trial notice of these ID procedures. After giving the lawyers time to do legal research, the Judge granted the mistrial. The prosecution will not have to try the case a third time if it wishes to pursue a conviction and the witness is precluded from making an ID.
October 16, 2012 - Settlement In Oil Spill Case
Rothstein Law represented a condo that had 7,501 gallons of #6 oil spilled into its storage room because the delivery company used the wrong fill hole after the company that removed the old tank failed to properly cement the line. Our investigation revealed that the person who certified the removal actually worked for the company that did the removal. After all the parties were deposed, defendants announced their desire to do numerous non-party depositions of the condo's employees. Mr. Rothstein drew a line in the sand and said he would not negotiate and would take a verdict due to added costs to his client in taking these depositions. Defendants then asked to mediate and the case settled.
September 24, 2012 - Eric Rothstein Selected For Inclusion In Super Lawyers
Eric Rothstein has been named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
September 14, 2012 - Misdemeanor For Possessing 100 Decks of Heroin
The client was one of four people arrested in a car with heroin. The client came to Rothstein Law and admitted his guilt, seeking to get the best deal possible and looking for the DA to drop the charges against the others. Mr. Rothstein spoke with the DA who initially offered the choice of a felony and probation or a misdemeanor and one year in jail. Mr. Rothstein asked the DA to meet with him and the client so the DA could fully evaluate the situation. After the meeting, the DA allowed the client to plead guilty to a felony and a misdemeanor but deferred sentencing for one year. If the client stays out of trouble for the year, he will be allowed to withdraw the felony plea and receive probation on the misdemeanor. The DA also agreed to dismiss the charges against the others.
September 12, 2012 - Settlement In Excessive Force Case
The client was a resident at a shelter on Ward's Island and suffered a fractured leg when a guard threw him to the ground. After filing a lawsuit, Rothstein Law commenced settlement negotiations with the City and the private company that manages the facility. Eventually, the parties met with the Judge assigned to the case and reached a settlement that fairly compensates the client for his injury.
September 7, 2012 - Summary Judgment In Cemetery Case
A cemetery buried the remains of the client’s sister in the grave reserved for the client. As a result, the client cannot be buried next to the remains of her deceased husband. After competing discovery, the cemetery moved to dismiss the case and Rothstein Law cross-moved for summary judgment on liability. The Judge granted our client summary judgment on her breach of contract claim and denied the cemetery’s motion to dismiss the violation of the right of sepulcher claim resulting from burying her sister’s remains in the wrong grave.
August 27, 2012 - Time Served In Drug Possession Case
The client was arrested for possessing drugs. The District Attorney initially offered him drug treatment and community service. After exploiting the weakness in the prosecution's case, Rothstein Law obtained a plea to a violation, not a crime, and time-served.
August 1, 2012 - Violation Of The Right Of Sepulcher - read about my case in today's Daily News
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.
June 1, 2012 - Hung Jury On Robbery and Assault Case
The client was charged with being one of two men who robbed and assaulted a paraplegic man confined to a wheelchair. While the co-defendant was convicted, the jury could not agree on a unanimous verdict regarding Rothstein Law's client and the Judge declared a mistrial. Mr. Rothstein highlighted the distinctive facial and body features that the complaining witness failed to describe to the police and the Police Department's failure to do a thorough investigation. Mr. Rothstein also did a comprehensive investigation into the complaining witness' background, uncovering 20 criminal convictions.
May 21, 2012 - ACD In Assault On Corrections Officer Case
The client was arrested for assaulting an off-duty Corrections Officer who was working as a security guard at a bank. Despite the client's lack of a criminal record, the District Attorney's Office refused to make any plea offer because of the complaining witness' status as a Corrections Officer. Rothstein Law then subpoenaed the surveillance video from the bank, which showed that the Corrections Officer was the aggressor and pushed our client after he left the bank. Once Rothstein Law shared the contents of the surveillance with the District Attorney's Office, it decided to offer an ACD and the case will end up being dismissed and sealed.
May 16, 2012 - ACD In Public Lewdness Case
Our client was arrested for engaging in oral sex in a parked car near the Westside Highway at 3 am. Despite the fact that the client was 48 years old with no prior record, the Assistant District Attorney wanted him to plead guilty to Exposure of a Person. In Mr. Rothstein's view, this was a ridiculous offer and would have subjected the client to employment problems if anyone did a criminal background check while the case remained unsealed. Therefore, Mr. Rothstein spoke with the ADA's supervisor and when he did not get what he wanted, he them spoke with the Bureau Chief and convinced him to offer the ACD, which will result in the case being dismissed. Our persistence paid off for the client.
May 10, 2012 - Settlement In Pharmacy Prescription Mis-Fill Case
The client took a prescription to a well-known pharmacy but the pharmacist misread it and gave her the wrong medication. The client unknowingly took the wrong medication for almost 4 months suffering sleepiness on the job, dry mouth, pain, swelling and weight gain. Once her doctor discovered the mistake and gave her a new prescription, the client returned to normal. After offering only a token settlement pre-suit, the pharmacy paid a significant settlement on the eve of a settlement conference with the Judge.
April 17, 2012 - Settlement In Elevator Drop Case
The client suffered a hairline fracture to her ankle when her building's elevator suddenly dropped. The client used medical devices for about 3 weeks and then was able to walk normally. Rothstein Law's investigation revealed that the building engaged an outside company to maintain the elevator, which it repaired a short time earlier. We also learned that the building failed to obtain insurance coverage for the elevator company as required by its contract. Relying on these facts, and the doctrine of res ipsa loquitir, Rothstein Law convinced the building, and the insurance carriers for the building and maintenance company to share in a pre-suit settlement and pay the client's medical bills.
April 16, 2012 - Civil Case Settles During Jury Selection
A taxi struck the client while she was walking in a crosswalk. However, the taxi cab driver claimed that while his cab "touched" the client's boyfriend, it did not strike the client and that the accident did not take place in the crosswalk. Rothstein Law worked hard to prepare the case for trial. After deposing the taxi cab driver, we located an eyewitness, who had been a passenger in the cab, and took her video deposition because she lived in Texas, which we planned to play for the jury. The witness testified that the accident took place in the crosswalk and that the driver was speeding. As a result of the accident, the client suffered shoulder injuries and post-traumatic stress disorder. Some of defendant's doctors confirmed these injuries and we subpoenaed them to appear at trial. Give all our preparation, it was clear to defense counsel during jury selection that we were ready to go and, with the Judge's help, he was able to convince the insurance carrier to get serious and settle the case for a good number.
April 13, 2012 - City Settles Unnecessary Jail Case
The client was arrested for resisting arrest, and other related charges, after a dispute with her boyfriend. During the incident, a police officer punched the client in the face fracturing her orbital socket. Despite the client having no criminal record, the District Attorney initially refused to make any plea offer and insisted she plead guilty and do 5 days of community service in part because the officer alleged that the client tried to grab his gun. Rothstein Law then took the client to speak to the Assistant DA assigned to the case and her supervisor and noted that the officer failed to record this serious allegation anywhere, especially the Criminal Court complaint. After hearing the client's side, the DA agreed to an ACD and the case will get dismissed. The client will now filed a federal civil rights case against the City and police officers involved.
April 3, 2012 - Judge Denies "Serious Injury" Dismissal Motion
The client received a facial scar when the cab he was riding in lost control and crashed. Following the close of discovery, defendant moved to dismiss the case arguing that the client did not suffer a "serious injury" under the Insurance Law. Although the defendant submitted the affirmation of an orthopedist, he failed to present any medical evidence or photographs of the scar. The Judge agreed with Rothstein Law that defendant failed to meet his burden to establish its right to dismissal. Thus, the Judge denied the motion and the case will proceed to trial or settlement.
September 7, 2012 - Summary Judgment In Cemetery Case
A cemetery buried the remains of the client’s sister in the grave reserved for the client. As a result, the client cannot be buried next to the remains of her deceased husband. After competing discovery, the cemetery moved to dismiss the case and Rothstein Law cross-moved for summary judgment on liability. The Judge granted our client summary judgment on her breach of contract claim and denied the cemetery’s motion to dismiss the violation of the right of sepulcher claim resulting from burying her sister’s remains in the wrong grave.
August 22, 2012 - Pre-Suit Settlement In Sidewalk Trip and Fall Case
The client fell in front of a large office building but left the scene on her own without reporting the accident to any building employee. While the building's claim adjuster initially took the position that the accident might have taken place somewhere else, Rothstein Law was able to convince the adjuster that this was untrue based upon documents we gathered showing that the client had just left a restaurant next door coupled with a taxi cab receipt for the trip to her doctor. After several rounds of negotiations, Rothstein Law settled the claim without the need for a law suit.
August 1, 2012 - Violation of the Right of Sepulcher- Read about my case in today's Daily News.
March 27, 2012 - ACD In Resisting Arrest Case - Excessive Force Suit To Follow
The client was charged with resisting arrest after a dispute with her boyfriend. Despite having no prior arrests, the DA initially sought to have the client plead guilty to the charge because the police officer claimed she reached for his gun, something he failed to state in the Criminal Court complaint. During the arrest, the officer punched the client in the face, fracturing her orbital socket. Rothstein Law convinced the DA to meet with the client and after getting the chance to assess her in person, the DA believed the client and offered her an ACD, which will result in a dismissal. A civil lawsuit against the police officer will not follow.
March 26, 2012 - Felony Stabbing Case Dismissed
The client was charged with stabbing her boyfriend during an altercation. Rothstein Law's investigation revealed that our client was actually the victim of domestic violence. After reviewing the matter, the District Attorney agreed and the case was dismissed.
March 22, 2012 - Judge Orders Grand Jury Minutes Unsealed
Rothstein Law represents a man in a false arrest/malicious prosecution case against the City and some of its police officers who arrested him for a drug sale. In order to establish our case, we wanted to obtain the officers' testimony before the grand jury, which is normally sealed by law. After the State criminal court judge denied our motion to unseal, Rothstein Law moved before the federal court judge who is supervising the law suit and she agreed that we could not obtain the information any other way and ordered them unsealed. Our client will now be able to see if the officer's testified falsely about him as he claims.
March 19, 2012 - Judge Strikes Discovery Demands
Rothstein Law represents a woman trying to collect $100,000 plus interest that she loaned to an attorney. The attorney served numerous discovery demands, interrogatories and a Notice To Admit seeking to avoid the costs of taking our client's deposition. Rothstein Law moved to strike the discovery demands as improper and the Court agreed, striking the interrogatories and Notice to Admit entirely and limiting the discovery demands.
February 27, 2012 - Court Grants Motion To Vacate Conviction - Deportation Halted
While represented by another attorney, the client plead guilty to a felony drug charge. While serving his sentence, the federal government began deportation proceedings against him. Rothstein Law made a motion to vacate the conviction on the grounds that the client's attorney failed to warn him about the immigration consequences of his plea and that the attorney had a conflict of interest. After reviewing Mr. Rothstein's motion papers, the District Attorney conceded and the Court vacated the conviction, which will stop the immigration proceedings.
February 27, 2012 - DA Concedes Speedy Trial Violation - Case Dismissed
The client, and others, were arrested for trespassing in a Housing Authority building. Despite offering the others favorable pleas, the DA refused to offer the client any plea in an effort to force her to cooperate in another case, which the client refused to do. The prosecution filed a superseding complaint and a supporting deposition. However, the supporting deposition pre-dated the superseding complaint meaning that the witness could not have read the superseding complaint as the supporting deposition claimed. Thus, Rothstein Law moved to have it deemed a nullity and the case dismissed due to a speedy trial violation. The Court granted our motion when the DA conceded,
February 23, 2012 - Felony Drug Possession Case Ends With Violation
After being arrested for shoplifting, the police recovered 36 glassines of heroin from the client's skirt, which resulted in a felony charge. However, the client was a drug user, not a seller, and even had track marks on her arms. Eric Rothstein had a good relationship with the prosecutor and asked him to come to the arraignment part to see for himself. After providing records showing that the client was in treatment, Mr. Rothstein negotiated a deal where the client would continue her treatment and submit to drug testing. After one year, the client was allowed to plead to disorderly conduct, a violation and not a crime, and was sentenced to the 24 hours she spent in jail when arrested.
January 31, 2012 - Six Figure Settlement In Snow and Ice Case
The client slipped and fell in her building's outdoor parking lot due to snow and ice, after taking her child to school, and suffered a broken wrist. Rothstein Law could have filed this case in either Queens or Manhattan and chose Manhattan where the law is more favorable. Although snow and ice cases can be hard to win, Mr. Rothstein got the building's witness to admit during his deposition that the snowplows only cleared snow from the driving lane and left the snow and ice that accumulated by the parking spots. Rothstein law used this concession to negotiate a favorable settlement.
January 27, 2012 - Settlement In Pedestrian Knockdown Case
A taxi struck the client as she was crossing the street. Rothstein Law moved for summary judgment on liability pre-deposition. The Court denied the motion based upon the driver's affidavit claiming that the client walked into his cab while she was talking on her cell phone. However, at his deposition, the cab driver testified through an interpreter and stated that his insurance company told him to sign the affidavit, he didn't know what it said and it refused to give him an interpreter. Following these revelations, Rothstein Law moved to re-new our motion and asked the Court to refer the matter to the District Attorney for investigation. Although the Judge denied the motion, the Judge wrote that the client was free to bring the matter to the District Attorney herself. The insurance carrier settled the case shortly thereafter.
January 26, 2012 - City Settles False Arrest Claim
On the day of the expected hurricaine, the police responded to the client's house to investigate his tenant's allegation that he turned off her utilities for non-payment of rent. According to the client, the power was on when he accompanied them to the tenant's basement apartment and they arrested him for resisting arrest when he demanded they pick up in identification, which they had dropped. After being held in jail for 32 hours, the District Attorney declined to press charges because the police failed to properly investigate the tenant's complaint and a resisting arrest charge cannot stand by itself.
January 17, 2012 - City Settles Pedestrian Knockdown for $125,000
The client was struck by a City vehicle while walking in a crosswalk with a green light. As a result, the client suffered a fractured shoulder but did not require surgery. Rothstein Law aggressively pursued the case and obtained summary judgment on liability and serious injury (see July 14, 2010 and July 20, 2011). Despite no surgery, Rothstein Law was able to leverage these prior victories in the case into a 6-figure settlement.
January 17, 2012 - Minimum Sentence For 6th Felony Drug Conviction
The client was arrested for selling drugs to an undercover police officer and had five prior felony convictions for either drug sale or possession. With the client facing significant jail time, Rothstein Law set about to minimize the damage. Mr. Rothstein built a credible alibi defense and also established that the client had recently filed a complaint alleging brutality against police officers in the same precinct where he was arrested, thus creating a motive for the officers to seek revenge. We corroborated our client's claims with his hospital records and by subpoenaing the investigator from CCRB. Shortly before trial, Mr. Rothstein convinced the prosecutor to offer the client the minimum permissible sentence.
January 13, 2012 - Court Upholds First Amendment And Dismisses Case
The police arrested the client for Unlicensed General Vendor under the NYC Administrative Code for selling DVDs and CDs on 125th Street. Rothstein Law moved to dismiss the case on the ground that the client's actions were protected under the First Amendment to the U.S. Constitution and therefore did not require a license. The District Attorney opposed the motion, relying on a decision from another Criminal Court judge holding that the First Amendment did not apply because the client was not selling his own works, but failed to serve their papers on Rothstein Law. When the Court initially denied our motion, we moved to re-argue and demonstrated that the First Amendment did apply. On re-argument, the Judge agreed with us and specifically declined to follow the other Judge's decision.
January 12, 2012 - Not Guilty Verdict In Assault Case
The client and his wife decided to divorce. After realizing that the client was secretly recording her with his I-Pod Touch, the wife snatched it from him and he used physical force to retrieve it. The wife then called the police and had the client arrested for assaulting her. At trial, Eric Rothstein established that the client's actions were legally justified to stop a larceny or prevent a criminal mischief. Under a vigorous cross-examination, the wife admitted to several prior acts where she either took the client's property without permission or damaged his property. Thus, Mr. Rothstein argued that the client had a reasonable basis to believe that the wife would either refuse to return the I-Pod Touch, damage it, or erase the secretly recorded videos. In a career first for Mr. Rothstein, while cross-examining the wife, the Judge halted the proceedings to speak with the attorneys in private and said to the District Attorney "How much longer do I have to listen to this; this woman can't answer a question and she has no credibility." In the end, the Judge found the client not guilty.
December 16, 2011 - Court Dismisses Case Due To Improper Service
Rothstein Law represents a defendant in an alleged conversion of assets case. Despite the fact that the client worked for the plaintiff, and he knew where she lived, his process server served the papers at a different address. Rothstein Law moved to dismiss the case for lack of proper service. Most of these motions result in a hearing to determine if service was proper. However, our motion was so strong that the Court granted it despite plaintiff's opposition.
December 13, 2011 - $425,000 Settlement In Soft-Tissue Case For Bus Driver
Another firm referred the case to Rothstein Law because it did not want to litigate this soft-tissue case either in an upstate County (where the client lived) or in federal court (on diversity grounds). Mr. Rothstein is a former federal prosecutor and filed this case in federal court. The client, a City bus driver, was injured when a truck cut her off and stopped suddenly. Although the client managed to stop her bus without hitting the truck, she was hit in the rear by a second truck and pushed into the first truck. Liability was complicated by: the defense claim that the client struck the truck in front of her first; the bus passengers' differing accounts about which impact came first; and the client's medical records, which contained inconsistent statements about how the accident occurred. The value of the case was complicated by the facts that: the client had over 10 prior accidents during her career as a bus driver; had only been back at work for 3 1/2 weeks following her most recent on-the-job injury, requiring knee surgery; had virtually no lost wages claim despite having to retire after the accident because she received a disability pension; and the insurance carrier for the first truck went into liquidation. Despite all the problems with the case, Rothstein Law aggressively pursued the case and obtained a settlement far greater than the case was worth.
December 6, 2011 - Defendant's Summary Judgment Motion Denied
Following a dispute that was the final straw leading to divorce, the defendant, the client's ex-wife, had him arrested twice in short succession so Rothstein Law filed a false arrest case against her and she cross-claimed for false arrest. Rather than respond to our discovery demands, the defendant moved for summary judgment seeking dismissal of our action and for liability on her cross-claim. After reading all the motion papers, the Judge agreed with Rothstein Law that the defendant failed to establish her right to summary judgment and denied her motion in its entirety.
November 15, 2011 - Criminal Contempt Case Dismissed
The client's former wife had him arrested for allegedly violating a Criminal Court order of protection on four separate occasions. All the incidents took place across the street from the marital home when the client was either taking his kids to their school bus stop or picking them up from an afterschool daycare center. Rothstein Law's investigator obtained statements from the school bus driver and the operator of the daycare center confirming that the client had legitimate reasons to be on the block. After presenting the results of our investigation to the District Attorney, the prosecutor asked the Court to dismiss the case.
November 7, 2011 - City Settles Delayed Arraignment Case
The police arrested the client for misdemeanor drug possession after executing a search warrant in the apartment that he was staying in. The client was not arraigned until 48 hours following his arrest, which violated the requirement that the police bring someone arrested before a judge within 24 hours. The client, who had prior arrests, received an ACD on the drug charge and the City settled the delayed arraignment case for $5,000.00.
November 3, 2011 - $68,000 Settlement In Soft Tissue Motor Vehicle Accident
Another car stuck the client's car after running a red light. Rothstein Law previously obtained summary judgment on the issue of liability (see January 19, 2011) and trial was limited to damages. Although the client's injuries were soft tissue in nature and the case was venued in a defendant friendly County, Rothstein Law was able to leverage the damages only status to obtain an excellent settlement.
September 29, 2011 - $305,000 Settlement In Slip And Fall Case
The client, a home health attendant, slipped on the rounded edge of a step in the building where her client lived. Rothstein Law's expert engineer found a one-inch height differential on the step. While deposing the landlord's property manager, Eric Rothstein elicited an admission that he knew about the defect for over one year but failed to repair it because he only thought it was a half-inch difference. After conceding that he never actually measured it, the witness admitted that a one-inch differential was dangerous. The client suffered injuries to her wrists and hands and underwent surgery.
September 20, 2011 - Security Guard Company Settles False Arrest Case
The client was acquitted of robbery but convicted of petit larceny after stealing deodorant from a pharmacy (see April 15, 2011). Following the criminal trial, the client sued the security guard and the guard company for falsely claiming he had a knife, which caused the police to charge him with the higher crime and resulted in 11 months of incarceration pending trial. Probable cause is a complete defense to this charge and his conviction of petit larceny usually establishes probable cause. However, after an extensive search, Rothstein Law found two federal cases, interpreting New York law, holding that where a person is acquitted of the higher charge and convicted of a lower charge, probable cause for each should be analyzed separately to prevent the complaining witness from piling on charges with impunity. After presenting this case law to the guard company, it elected to settle the case.
September 6, 2011 - Grand Larceny Charge Dismissed
The client and two others worked as cashiers at a grocery store. They were arrested after allegedly ringing up each other's purchases and then voiding them out yet keeping the groceries. The two co-workers both plead guilty to Class A misdemeanors but Rothstein Law sensed weakness in the DA's case. Our impression was correct as the DA moved to dismiss the charges against our client.
August 11, 2011 - Settlement In Storage Facility Break-In
The clients stored brand new clothes at a storage facility intended for resale. Thieves broke into the facility and stole the goods worth over $85,000. Rothstein Law's investigation, including speaking the police detective, revealed that the thieves spent three hours in the facility while the security was on the telephone, the alarm had been turned off and the back door left open. Despite clauses in the contract that limited the value of the merchandise to just $2,000, Rothstein Law was able to obtain a settlement of nearly the entire amount stolen.
August 4, 2011 - City Settles Inmate-On-Inmate Assault Case
While being held on Riker's Island, fellow inmates assaulted the client, breaking his jaw, which needed surgery to repair. Rothstein Law was able to show that a Correction Officer restrained the client but not the other inmates allowing them to hit the defenseless client. Rothstein Law was able to settle the case utilizing the City's early case settlement program.
July 20, 2011 - Summary Judgment Granted On Serious Injury
A Fire Department vehicle struck the client while he was crossing the street. Prior to depositions, Rothstein Law obtained summary judgment on liability (see July 14, 2010). Following the completion of discovery, Rothstein Law moved for summary judgment on the issue of "serious injury" because the client suffered a fracture. Our motion relied upon an affirmation from the client's treating physician. Although the City opposed the motion, it did not include its own doctor's affirmation, which we noted in reply. After hearing oral argument, the Court granted our motion along with our motion for a trial preference based on the client's age.
July 13, 2011 - Settlement In Pedestrian Knockdown Case
A taxi struck the rear of the client's car causing her to undergo multiple surgeries. Rothstein Law previously obtained summary judgment on the issue of liability (see March 31, 2011). Given this fact, defendant tendered it's entire insurance coverage on the eve of the client's deposition.
June 24, 2011 - Court Grants Motion To Dismiss Unlicensed General Vendor Charge
The police arrested the client for Unlicensed General Vendor under the NYC Administrative Code for selling DVDs and CDs on 125th Street. Rothstein Law moved to dismiss the case on the ground that the client's actions were protected under the First Amendment to the U.S. Constitution. Indeed, our research showed a prior case where the City agreed not to enforce this law under such circumstances. The Court agreed with us and dismissed the case.
June 22, 2011 - Forged Prescription Case Dismissed
The client and another person were charged with presenting a forged prescription for oxycodone at a pharmacy. As part of our investigation, Rothstein Law obtained the surveillance recordings from the pharmacy and interviewed two store employees. We also obtained copies of the prescription and ID card that the co-defendant presented. We were able to determine that the co-defendant was alone when he presented the prescription in the morning and that our client merely gave the co-defendant a ride to the pharmacy in the afternoon. After presenting the results of our investigation to the District Attorney's Office, the prosecutor allowed the case to be dismissed.
June 13, 2011 - Settlement For Two Clients Struck By Forklift
Rothstein Law previously obtained summary judgment on the issue of liability in a case where a forklift struck them inside a warehouse supermarket (see July 2, 2009). Despite the fact that the clients had multiple prior injuries and had not treated since 2008, Rothstein Law negotiated a $225,000 settlement at mediation one week before trial. Almost 18% interest had accrued since Rothstein Law obtained summary judgment, which provided strong leverage to obtain the settlement. Rothstein Law's aggressive pursuit of early judgment on liability paid off for the clients.
June 9, 2011 - Summary Judgment Granted In Legal Malpractice Case
The client originally sued the City of New York after a fellow inmate stabbed him while incarcerated on Riker's Island. The court dismissed the client's case after his attorneys failed to appear for three separate conferences. Rothstein Law then sued the attorneys for legal malpractice. After one attorney settled, Rothstein Law filed a motion for summary judgment against the other. The Court granted the motion on both negligence and proximate cause and trial will not be limited to the value of the client's injury - a permanent facial scar.
May 11, 2011 - Settlement In Pedestrian Knockdown Case
A car struck the client while he was crossing the street after drinking in a bar. The client suffered a fractured humerous, underwent surgery and spent two weeks in the hospital. The medical records showed that his blood alcohol level was .23 and the defense claimed he was drunk and outside the crosswalk. Rothstein Law argued that even assuming a jury found the client partially responsible, it would award him a judgment in excess of the defendant's $100,000 insurance policy. At first, the insurance carrier offered only $35,000. However, the defense attorney failed to have the client examined by their own doctor and Rothstein Law wrote a letter claiming that the carrier was acting in "bad faith" by exposing their driver to a judgment above his insurance and that the defense attorney had committed legal malpractice. Shortly after receiving that letter, the carrier settled the case for $95,000.
May 6, 2011 - Gun and Counterfeit Money Case Dismissed
The police stopped a car that the client was driving but belonged to the passenger's girlfriend, a Correction Officer. The police found a gun in the truck and counterfeit money in the client's possession. The client denied knowing anything about the gun but made incriminating statements to an Assistant District Attorney about the money. Based upon our investigation, Rothstein Law consented to the District Attorney's request that the client provide a DNA sample, which excluded him as a possessor of the gun. Our investigation also revealed that prior to speaking to the Assistant District Attorney, our client had invoked his Miranda rights when the Secret Service attempted to question him. Thus, we convinced the District Attorney that our client's subsequent statement was inadmissible and the prosecutor moved to dismiss the case.
May 5, 2011 - Con Ed Settles Case After Denying Ownership
The client fell off his bike due to a utility grate on a street near an intersection that was not level with the ground. Given the grate's proximity to Grand Central Station, the grate had many potential owners but no identifying markings. The superintendent of the commercial building and an expert we consulted thought that the MTA owned the grate. After an intensive investigation, Rothstein Law determined that Consolidated Edison owned the grate. However, Con Ed denied ownership in its Answer to the lawsuit. After Rothstein Law provided proof, including the fact that Con Ed had commenced a breach of contract action over identical grates at the other end of the block and took a photograph depicting a Con Ed plate covering an identical grate in the middle of the block, Con Ed settled the case.
May 3, 2011 - Court Orders Defense To Depose Client Via Videoconference
The client is 85-years old, lives in Florida and is in poor health. The client needed to commence a lawsuit in New York but could not travel here for her deposition. Rothstein Law commenced the case in federal court where the rules better provide for videoconference depositions. The defense refused to consent to taking the deposition via videoconference and sought to force the client to fly to New York, which would not have been possible and would have forced the client to accept a very low settlement offer. Therefore, Rothstein Law filed a motion to compel the defense to take the deposition by videoconference and the court granted it. Thus, the client will be deposed from her hometown and can proceed with her case to get fair value for her claim.
May 2, 2011 - Law Firm Settles Breach of Contract Case
A law firm hired an e-discovery company to assist it with a high-profile law suit pending in federal court. When the law firm's involvement in the case ended without a recovery, it ignored the e-discovery company's invoice. Rothstein Law filed a breach of contract case on behalf of the e-discovery company. The law firm filed a pre-answer motion to dismiss and Rothstein Law cross-moved for sanctions. At oral argument, the Judge was not receptive to the law firm's dismissal motion, which lead the defendant to open settlement negotiations resulting in a very fair settlement for the e-discovery company.
May 2, 2011 - ACD In Shoplifting Case
The client, a college student with no criminal record, was arrested for shoplifting over $100 in merchandise from a retail store. The District Attorney initially offered a misdemeanor and community service. After negotiating the case with the prosecutor, Rothstein Law convinced the District Attorney's Office to agree to adjourn the case for six months and then dismiss it if the client performed some community service. Thus, the client was avoid a criminal record and end up with a dismissal and sealed file.
April 15, 2011 - Not Guilty Verdict In Robbery Case
The client stole deodorant from a Duane Reade but the security guard alleged that the client displayed a knife so the DA charged him with first degree robbery. Rothstein Law immediately subpoenaed the surveillance tapes which: a) did not show a knife; b) had a 17 second gap at the critical moment; and c) had no recording from the camera closest to the incident. At trial, Eric Rothstein elicited numerous inconsistencies in the guard's testimony on several important issues involving the knife. Rothstein also established that the guard followed the client from the store and never lost site of him until the police arrested him. However, no knife was recovered. Finally, Rothstein established that Duane Reade did not provide the police a copy of the surveillance until after a Loss Prevention officer reviewed it, creating an inference that they erased the tape. The jury believed the guard lied to save his job and they found the client not guilty of the robbery and guilty only of misdemeanor petit larceny, for stealing the deodorant, which he always admitted. As the client had already served more than the maximum sentence for petit larceny, the Judge released him. He had faced between 8 and 25 years had the jury convicted him of the robbery.
March 31, 2011 - Court Awards Summary Judgment In Hit-In-Rear By Taxi
The defendant taxi cab driver struck the client's vehicle while it was stopped at a red light on the Upper East Side. Once the defendant served his answer to the complaint, Rothstein Law filed a pre-deposition motion seeking summary judgment on the issue of liability and to dismiss defendant's affirmative defense alleging the client was liable for the accident. After reviewing our submissions, which included the client's affidavit and a photo of the defendant's cab crashed into the rear of the client's car, the Court granted our motion. As a result, the client's deposition will now be limited to the issue of damages only and interest is now accruing in the event the case goes to verdict, which puts pressure on the insurance company to settle.
March 22, 2011 - Judge Stays DMV License Revocation
Following a fatal motor vehicle accident, the Department of Motor Vehicles denied the client´s administrative appeal and ordered his driver´s license revoked effected March 23. Rothstein Law commenced an Article 78 proceeding in court to challenge the DMV decision. Over the Attorney General´s objection, the Judge stayed the DMV decision pending a final resolution of the Article 78 proceeding. Therefore, the client can continue to drive.
March 14, 2011 - Summary Judgment In Lieu of Complaint Granted
A law firm and one of its attorneys borrowed money from the client but failed to repay it. The Court granted Rothstein Law's motion for summary judgment in lieu of complaint against the law firm. The court also denied the attorney's motion to have the case against him dismissed and to seal the pubic record.
February 14, 2011 - ACD In Search Warrant Drug Case - Civil Law Suit To Follow
The client was arrested, along with two others, after the police executed a search warrant on his sister's apartment, and charged with misdemeanor possession of narcotics. Rothstein Law's investigation showed that the client was merely sleeping at his sister's apartment, was not the target of the search warrant, and knew nothing about the drugs. The prosecution initially offered the client a misdemeanor plea with time served, then lowered the offer to disorderly conduct and then finally offered an ACD, which will lead to dismissal. Rothstein Law then served a Notice of Claim on the City that the client intends to sue for false arrest and failing to arraign him in court within 24 hours of his arrest.
January 31, 2011 - Settlement In Collections Case
The defendant treated with our client, a doctor, but failed to pay his bill and deposited a check that her insurance company sent to her that was meant for the client. Rothstein Law commenced a breach of contract action against the former patient. After briefly litigating the matter, the defendant agreed to pay the doctor what he is owed.
January 21, 2011 - Drug Sale Case Dismissed
The police alleged that an undercover officer witnessed the client arguing with the co-defendant about whether to sell drugs to a woman and that the client said "she's good." The police claimed that the co-defendant then sold the woman 25 bags of crack cocaine. When arrested, the client had $28 and the co-defendant had $41. Rothstein Law argued that the math didn't add up because crack cocaine sells for at least $10 per bag and therefore the police should have recovered at least $250. After considering our argument, the District Attorney asked the Court to dismiss the case.
January 19, 2011 - Summary Judgment Granted On Liability In Car Accident Case
The defendant ran a red light and struck our client broadside in an intersection. At his deposition, the defendant admitted striking our client's car and testified that he did not know what color the light was when he entered the intersection. During our investigation, we found an eyewitness who supported our client's testimony that she had a green light and the other car had a red light. Based upon this evidence, the Court granted our motion for summary judgment on liability and trial will be limited to the issue of damages.
January 14, 2011 - Settlement In Inverted Yoga Accident Case
The client was injured while doing an inverted yoga maneuver during a demonstration class at a gym. While many law firms would have rejected the case due to a strong assumption of the risk defense, Rothstein Law agreed to accept this case and was able to negotiate a settlement during discovery.
January 13, 2011 - Federal Torts Claim Act Case Settles In Mediation
The client slipped and fell on ice while incarcerated at federal prison and broke his tibia/fibula and underwent open reduction and internal fixation. Rothstein Law's investigation revealed that there had been a bad ice storm the night before, another inmate reported slipping on ice just hours before the client's accident and there was ice all over the grounds when the on-duty Correction Officer began his shift just hours before the accident. After the completion of discovery the Government moved to dismiss the case claiming it did not have notice. In response, Rothstein Law cross-moved for a judicial determination that the Government had actual notice. The case then settled at a mediation while the motions were pending.
January 12, 2011 - Assault Case Dismissed
The client was arrested for assaulting a co-worker at their place of employment. Rothstein Law's investigation showed that not only had the complaining witness been harassing our client for weeks but that he also started the fight and the client simply defended himself. The District Attorney's Office asked the court to dismiss the case.
January 11, 2011 - Violation In Robbery Case
The client and two friends were arrested after getting into a fight with someone on the subway. The complaining witness alleged that the client and his friends stole a cell phone. Rothstein Law's investigation showed that one of the client's friends got into a fight with the complaining witness and that our client simply jumped in to help his friend but never struck the person or took his phone. As a result, the prosecutor offered to let the client plead to disorderly conduct, which is not a crime, and time served.
January 4, 2011 - City Settles Two Inmate Injury Cases
Two clients were injured while in custody on Riker's Island due to falls in separate bathrooms. After Rothstein Law provided the City with documentation regarding the incidents and the client's injuries, the City settled the claims without the need for lawsuits.
December 15, 2010 - Settlement In Motor Vehicle Accident Case
The client was injured after he completed a left turn when another car struck the rear of his car while making a right hand turn. The other driver fled the scene and the vehicle was registered in New Jersey so Rothstein Law undertook an investigation to ascertain the vehicle's owner and insurance information. Once the insurance company was contacted, it assigned the case to its Special Investigations Unit to investigate its insured. In addition, despite denying liability, the insurance company lost a property damage arbitration to the client's insurance carrier. After completing its investigation and losing the arbitration, the carrier quickly settled the case with our office.
December 14, 2010 - Judge Grants Motion To Dismiss Narcotics Indictment
The client was one of 4 people arrested following an undercover police investigation that lasted for over a year. While the indictment alleged 19 separate drug sales, the client was named in only one count. Given that the evidence showed only that the client had gotten into a car with another defendant who later sold drugs to an uncover police officer, Rothstein Law filed a motion asking the Judge to inspect the evidence before the grand jury for legal sufficiency. After doing so, the Judge held that the evidence was legally insufficient against the client to show that he knew a drug sale was occurring and dismissed the indictment.
December 2, 2010 - Drug Possession Case Dismissed
The client was arrested for allegedly possessing drugs found in the center console of a car he owned. However, Rothstein Law's investigation revealed that the client was arrested inside a party and that another person had been in the car. Given these facts, the prosecutor failed to answer ready for trial and the Judge dismissed the case due to a speedy trial violation.
November 24, 2010 - Confidential Settlement In Slip and Fall
The client slipped and fell on water near a food court at a major Manhattan tourist attraction. Within days of the accident, Rothstein Law served the owner with multiple demands that it preserve not only the surveillance recording of the accident but all the recordings going back to the time the area was last cleaned. Despite acknowledging receipt of the demands, the owner preserved only the recordings from one minute before the accident and the accident itself. Rothstein Law was able to use the owner's failure as leverage to negotiate a settlement, the terms of which one of the defendant's demanded confidentiality.
November 24, 2010 - One Year City Jail Sentence For Second Felony Offender
The client was charged with selling Xanax to an undercover police officer. The DA initially claimed that the client was a second violent felony offender based upon a New Jersey gun conviction. However, Rothstein Law's investigation determined that the New Jersey gun charge was dramatically different than the New York law and therefore did not make the client a violent offender. The DA then sought a State jail sentence. However, Rothstein Law provided the Judge with a report we had requested from the client's drug and mental health program detailing his addictions and psychological problems and the voluntary efforts he made to address them. We also gave the Judge records we subpoenaed from a pharmacy showing that the client had a prescription for the Xanax. Based upon these documents, the Judge agreed to give the client a one-year City jail sentence for which he will serve 8 months.
November 23, 2010 - Revoke and Restore For Parolee After Contested Hearing
The client was arrested twice within a week for misdemeanor drug possession. After the second arrest, Parole issued a warrant and charged him with failing to lead a law abiding life, based upon the new arrests, along with two technical violations: failing to report the second arrest and being out past curfew. At the contested hearing, Rothstein Law was able to force Parole to withdraw the drug charges and proceed only on the technical violations. While the Judge sustained the charges, she restored the client to Parole. Parole had requested a two-year jail sentence so this was a major win for the client.
November 22, 2010 - Credit Card Theft Case Dismissed Despite Full Confession
The client was charged with using another person's credit card to purchase goods from Amazon.com and stealing goods from his employer. After being arrested, the client made a written confession to the police. However, the client stated that the police coerced him into making the confession and denied and wrongdoing. Rothstein Law launched an investigation and obtained photographic evidence showing that the employer often placed unwanted goods on a table for employees to take and subpoenaed delivery records from Amazon.com showing that it made deliveries to many people at the same address. In the end, the prosecutor elected not to proceed with the case and a judge dismissed it.
November 22, 2010 - Felony Drug Possession Charge Dismissed
The client lived in a shelter and was arrested for felony drug possession after cocaine was found in his locker. The client stated that the drugs belonged to someone else and the prosecutor elected not to proceed with the case.
November 18, 2010 - Violation For Client Charged With Using Stolen Credit Card
The 21 year old client found a credit card at work and then used it to make purchases, a felony. Cases like this usually end with the defendant pleading guilty to a crime. However, Rothstein Law gave the prosecutor numerous letters of recommendation showing that the client had achieved great success despite her young age and was worthy of leniency. As a result, the prosecutor allowed the client to plead guilty to disorderly conduct, a violation, do community service and pay restitution. As a result of this deal, the client will not have a criminal record.
November 5, 2010 - Settlement In Pedestrian Knockdown Case
A taxi cab driver crashed into the client while he was crossing the street causing a fractured shoulder. Rothstein Law previously obtained summary judgment on liability and serious injury (see News items March 23 and October 22, 2009). These victories were instrumental in convincing the cab driver's insurance company to pay a fair settlement just before jury selection, which was scheduled for November 8.
November 5, 2010 - Drugs Suppressed For Client On Lifetime Parole
Another attorney retained Eric Rothstein to handle a suppression hearing for the client who was arrested for felony drug possession while he was on lifetime parole. The police testified that they responded to the client's building in response to an anonymous call of shots fired at the location. However, during cross-examination, Mr. Rothstein established that the police stayed inside the location, a two-family home, for over three hours before encountering the client despite finding no evidence that any shots had been fired. As a result of, the Judge ruled that because the police cannot act as an occupying army and stay inside a private home for such a long period of time without any basis to do so, the drugs had to be suppressed. This victory saved the client from being returned to jail for possibly life.
November 3, 2010 - Robbery Case Dismissed
The complaining witness alleged that the client stole his cell phone. We went to the crime scene and saw an NYPD surveillance camera nearby so we served a subpoena on the police to get the surveillance recordings. The police moved to quash the subpoena but the court ordered them to give us the tape. Although the tape did not show the incident, it did show the client and his friends before and after, which would have prevented the DA from claiming that the friends were not witnesses. We also demanded that the DA give us the complaining witness' cell phone carrier and number so we could subpoena the records to see if the phone was reported stolen or used after the incident. After doing do, the DA re-interviewed the complaining witness who changed his story. The prosecutor then asked the court to adjourn the case so he could get permission to dismiss the case. However, after months of waiting, the court granted Rothstein Law's speedy trial motion and dismissed the case.
October 15, 2010 - Construction Company Settles Failure To Pay Overtime Case
The client worked as a laborer for a construction company that failed to pay him overtime. Pursuant to the client's employment agreement, Rothstein Law pursued this case in an arbitration proceeding. After initially claiming that the client was a supervisor, and therefore not entitled to overtime, Rothstein Law was able to negotiate a settlement that fully compensated the client.
October 6, 2010 - Law Firm's Motion To Dismiss Over-Charging Case Denied
The client was arrested on a federal charge and retained a law firm to defend him. The client accepted a plea bargain and did not go to trial. Nevertheless, the law firm charged the client well over $200,000. Rothstein Law sued the law firm seeking an accounting of how the money was used and for a refund. The law firm filed a pre-Answer motion to dismiss the case but the judge denied it and allowed the case to move forward.
September 22, 2010 - Not Guilty Verdict In Search Warrant Narcotics Case
The police executed a search warrant at the client's apartment and found 26 zips of cocaine. The client was charged with possessing the drugs with the intention to sell them. Rothstein Law was able to demonstrate that someone who had a key to the apartment left the drugs there without the client's knowledge. Critical to our success was documenting the client's whereabouts in the hours just prior to the search and having the person who owned the drugs testify about what he had done.
September 9, 2010 - City Ordered To Provide Detective's Records
Rothstein Law represents a young man who is suing the City and a detective for false arrest and malicious prosecution based upon the detective’s withholding exculpatory evidence. The client spent 22 months in jail before being acquitted of murder and attempted murder. As part of the discovery process, we demanded that the City provide us with the detective's records from the Internal Affairs Bureau and the Civilian Complaint Review Board. The City opposed and asked the Judge to deny our demand. After reviewing the documents, the Judge ruled in our favor and ordered the City to provide all of the documents. We will now be able to fully examine the detective’s disciplinary history.
September 3, 2010 - Client Prevails In Grand Jury
The client was arrested for stealing a laptop computer from a Time Warner truck. The Time Warner employee alleged that the client stole the computer from inside the truck, which made the crime a burglary, a felony, under New York law. The client admitted stealing the computer but stated that it was attached to a cable resting on top of the truck, which made it only a misdemeanor. Rothstein Law obtained a photograph taken at the time of the arrest that showed the cable hanging out of the truck's window. Armed with that evidence, the client testified before the grand jury, which indicted him only on the misdemeanor. Thereafter, the client immediately made a plea bargain with the judge.
September 2, 2010 - Felony Forgery Case Reduced To Violation
The client was charged with attempted to twice cash a paycheck that she had altered from $564.30 to $5,643.40. Based upon the client's youth and lack of criminal record, Rothstein Law was able to convince the prosecutor to allow the client to plead guilty to a violation and perform two days of community service thus sparing her from a criminal record.
July 21, 2010 - Indictment Dismissed For Violating Client's Grand Jury Rights
At Criminal Court arraignment, the client did not serve notice of his intention to testify in the grand jury. However, on the next court date, the client changed his mind and Rothstein Law timely served notice of the client's desire to testify before the grand jury. However, while the ADA had already presented and voted the case, she had not filed the indictment. Thus, the client still had a statutory right to testify but the ADA refused to offer him that opportunity. Rothstein Law filed a motion at the Supreme Court arraignment to dismiss the indictment and the ADA conceded. The Court dismissed the indictment with leave to re-present so the client will have his chance to testify.
July 14, 2010 - Summary Judgment For Pedestrian Hit By Fire Department Vehicle
The client was crossing in an intersection on 42nd Street with the green light when a New York City Fire Department vehicle struck him while making a left hand turn. In opposing our motion for summary judgment, the City claimed that the client was not in the crosswalk and submitted its own self-serving accident reports as proof. However, none of the reports were in admissible form and the Court granted our motion. Trial will now be limited to the issue of damages.
June 28, 2010 - DMV Stays License Revocation
The client was involved in a fatal motor vehicle accident and was summoned before the Department of Motor Vehicles for a license revocation hearing. The client went to the hearing without a lawyer and the Administrative Law Judge revoked his driver's license following the hearing. The client then retained Rothstein Law to appeal. As part of our appeal, we asked DMV to stay the revocation order. After reviewing our submission, DMV granted the client a stay pending appeal and he may still drive his car.
June 14, 2010 - 90 Split For Client Charged With A-II Drug Sale
The client sold a large quantity of narcotics and was charged with an A-II felony. The client had several serious medical conditions and Rothstein Law's Sentence Mitigation Expert prepared a Pre-Pleading Investigation report that detailed the client's childhood, upbringing, adult years and medical condition. Based upon the report, and the 1,250 pages of medical records that we obtained, Rothstein Law convinced the DA that a 90 day jail sentence followed by 5 years probation was the appropriate result rather than the 3 - 10 jail term the client faced. The client already had jail time credit for the 90 days so when the Judge accepted the plea bargain, the client was released from jail pending sentence to probation.
May 26, 2010 - Settlement in Motor Vehicle Accident Case
The client was a passenger in a car that was broadsided by another vehicle. Rothstein Law previously obtained a pre-deposition determination that the other driver was 100% at fault (see April 16, 2010). After winning that motion, the insurance carrier decided to cut its losses and settled the case.
May 21, 2010 - Felony Drug Sale Reduced To Possession of Pipe Stem
The client was charged with selling crack-cocaine to an undercover police officer along with two other people. When arrested, the client had a pipe stem in her purse. Our investigation revealed that the drug sale charge was weak given that no money or drugs were recovered from the client. The only allegation supporting a sale was the claim that a co-defendant handed the drugs to the client who in turn gave them to the undercover. After negotiations, the client plead guilty to possessing the pipe stem and sentenced to time served.
May 19, 2010 - Driving While Impaired Plea Prevents Immigration Consequences
The police arrested the client for driving while intoxicated after spotting her double parked near a fire hydrant. Despite having a blood alcohol content of twice the legal limit, Rothstein Law was able to negotiate a plea to driving while impaired, a violation and not a crime, which was critical because it will not have any adverse consequences on the client's immigration status. The client is a temporary resident and plans to apply for permanent status.
April 16, 2010 - Summary Judgment Granted In Car Accident Case
The client was a passenger in a motor vehicle driving with the green light on South Conduit Avenue when it was struck by another car at the intersection of 225th Street. In keeping with our aggressive approach in these cases, Rothstein Law moved for summary judgment as soon as the defendant served its Answer to our law suit. We relied on our client's affidavit to explain how the accident took place. The defense firm failed to submit an affidavit from its client and argued only that our motion was premature because depositions had not been held. The Judge rejected this argument and awarded our client summary judgment on the issue of liability. This victory is important because it limits our client's deposition to damages only and interest begins to accrue on any subsequent judgment.
April 15, 2010 - $250,000 Settlement in Slip and Fall Case
The client broker her leg after slipping on a portable wooden ramp being used by a fish store to move crates of fish into and out of the store. The attorney of record asked Rothstein Law to handle the discovery in the case. During our deposition of the store's Office Manager, we were able to get her to admit that ice melts off the fish crates while they move the crates in and out of the store and the store had been causing this slipping hazard on a daily basis for at least 27 years.
April 13, 2010 - Premises Case Settled
The client injured her arm and back when the security gate of a window in her apartment came off while she was closing it. The client claimed that she had complained to the superintendent twice about the problem with the gate but he denied it. In addition, the client's emergency room records did not list and complaints regarding her back, which she had injured several years earlier in a car accident. Despite these obstacles, Rothstein Law was able to leverage the fact that the building owner was self-insured and looking to avoid the costs of a trial in order to reach a fair settlement.
March 30, 2010 - Driving While Impaired Plea Despite Second DWI Arrest
Five years ago, the client was arrested for drunk driving, which was confirmed by a breath test. He pled guilty to the violation of driving while impaired. This time, after being pulled over for speeding, and then allegedly failing to stop for two blocks, the client refused to take the breath test. Based upon these facts and his prior DWI arrest, the DA's Office initially refused to again offer a plea to driving while impaired and sought the misdemeanor conviction despite the client's lack of a criminal record. The client then retained Rothstein Law. Following a careful review of the videotape showing client doing well on the balance tests, obtaining an evaluation that determined that he did not suffer from alcohol abuse, and extensive negotiations, Rothstein Law convinced the DA's Office to offer the client a plea to the driving while impaired violation. Thus, the client still does not have a criminal record.
March 17, 2010 - City Settles False Arrest/Delayed Arraignment Case
The client was a manager at a fast food restaurant. The ex-boyfriend of one of the client’s employees was harassing his ex-girlfriend in the restaurant’s parking lot and subsequently broke a car window and stabbed another person who tried to intervene. When the ex-boyfriend ran away, the client followed him in his car so the police would know where he was. However, other people apprehended the ex-boyfriend and allegedly assaulted him before getting into the client’s car. Despite the fact that the client did nothing wrong and never touched the ex-boyfriend, the police arrested the client for assault. Making matters worse, the client was not arraigned before a judge until 4 days later. After reviewing the facts of the case, the City settled the claim.
March 4, 2010 - Surveillance Video Leads To Settlement In Excessive Force Case
Bouncers at a gentlemen’s club threw the client down a staircase but claimed that he fell. As a result, the client suffered a fractured leg requiring surgery. Fortunately, the client called Rothstein Law from the hospital and we quickly obtained a court order requiring the club to preserve and produce the surveillance tapes, which showed that the bouncers threw the client down the stairs. As a result of obtaining this critical evidence, the club’s insurance carrier tendered its policy and settled the case.
February 2, 2010 - Marijuana Case Dismissed
The client, a 17 year old boy, was arrested for possessing a burning marijuana cigarette on the roof of a building. Despite the fact that the client had no criminal record, the prosecutor offered only a plea to a misdemeanor and 10 days in jail. Rothstein Law advised the client to reject this offer and the case ended up getting dismissed because the District Attorney violated the client's right to a speedy trial.
January 29, 2010 - State Settles Excess Detention Case
The client served a 2 year State jail sentence concurrent with a 2 year federal sentence. After serving his time in a federal facility, the City of New York took the client into custody and jailed him on Riker's Island before turning him over to the State. As a result, the client spent an extra 31 days in jail. Although the State originally took a "no-pay" position, it agreed to settle after the completion of discovery because, in our view, some of its employees had shown indifference to the client's situation. The client previously settled his claims against the City.
January 20, 2010 - Aggravated Harassment Case Dismissed
The client's grandmother had temporary custody of his children and when he tried to regain custody, she alleged that he threatened her over the telephone. The District Attorney offered the client a violation and wanted him to do perform two days of community service. Rothstein Law believed that any alleged statements were protected free speech and further beleived that the grandmother had a financial motive to pursue the criminal case. Thus, we advised the client to reject the offer. In the end, the prosecutor moved to dismiss the case for violating the client's right to a speedy trial.
January 15, 2010 - Settlement In Falling Object Case
Rothstein Law negotiated a $900,000 settlement for a woman who was struck in her head by a piece of metal that fell off the third floor of the defendant's building. We previously obtained summary judgment on liability (see November 21, 2008) and were preparing to select a jury for the damages trial when the case settled.
January 14, 2010 - Defendant Withdraws Motion For Client's Physical Examination
The defendant failed to request that the client submit to a physical examination in a slip and fall case before Rothstein Law placed the matter on the trial calender. The defendant then filed two Orders Two Cause to compel an examination but the Judge refused to sign them and ruled against them on the merits. The defendant then tried a third time by filing a motion. Rothstein Law opposed the motion and sought sanctions for frivolous conduct. During a conference, the Judge's Law Secretary persuaded defendant to withdraw the motion because the Judge was likely to sanction them. Thus, by refusing to grant the physical (as many attorneys would have done), Rothstein Law will now have a huge advantage should the case go to trial because defendant will not have an examining doctor to discuss the client's trimalleolar fracture that required two surgeries.
December 18, 2009 - Appellate Division Affirms Real Estate Decision
Former partners of two restaurant corporations became involved in litigation over whether they have a right of first refusal to purchase shares in each other's company. When the lower court found the contract was ambiguous, the owner of one corporation appealed. The attorney for the other corporation retained Rothstein Law to handle the appeal and the appellate court agreed that the term "shareholder" in the contract was ambiguous.
December 16, 2009 - Upstate Inmate Receives Settlement In Civil Assault Case
The client was serving a sentence in the Steuben County jail when he was assaulted by another inmate. Our investigation revealed that the only Corrections Officer present failed to protect the client, who was defenseless because he was in full restraints. The County initially refused to make any offer. However, after Rothstein Law learned that the Corrections Officer had been arrested on official misconduct and weapons charges for allegedly providing a gun, his work uniform and badge to a convicted felon and methamphetamine dealer, the County settled the case. Although based in New York City, Rothstein Law is willing to handle upstate cases.
December 4, 2009 - Sale of Fake Drugs Case Dismissed
The client was arrested for taking part in the sale of fake cocaine. However, the Court granted Rothstein Law's motion to dismiss the case when the prosecutor failed to timely produce the police officer's supporting deposition and the laboratory report.
November 23, 2009 - Plea To Speeding Ticket Saves Client's Ability To Work
The client, a truck driver, was arrested in Nassau County for driving a motor vehicle while his ability was impaired by alcohol and was facing a one-year suspension of his commercial driver's license. The Nassau County District Attorney generally does not offer any plea deals on these cases. However, Rothstein Law obtained a rare exception to the policy and negotiated a plea bargain where the client plead guilty to speeding and an equipment violation and the driving while impaired charged was dismissed. This fantastic result preserved the client's ability to continue working and provide for his family.
October 29, 2009 - Drug Treatment Program For Second Felony Offender
The client was indicted for possessing a stolen debit card, a Class E felony. A jury convicted the client after trial but Rothstein Law obtained a reversal in the Appellate Division (see October 1, 2009, news item). Upon assignment to a new judge, the District Attorney recommended a 2 to 4 year jail sentence if the client pleaded guilty. Rothstein Law convinced the judge to sentence the client to the Willard Drug Treatment Campus, a 90 day program. The client will be released after he completes the program.
October 28, 2009 - City Settles Excess Detention Case
The client served a 2 year State jail sentence concurrent with a 2 year federal sentence. After serving his time in a federal facility, the City of New York took the client into custody and jailed him on Riker's Island before turning him over to the State. As a result, the client spent an extra 31 days in jail. The client sued the City and several State employees in federal court. The client's case against State defendants is proceeding.
October 22, 2009 - Summary Judgment Granted On Serious Injury Issue
The client suffered a fractured arm when a taxi cab crashed into him while he was crossing a street. The court granted Rothstein Law's motion for a determination that the client suffered a "serious injury" as a matter of law. The court had previously granted our motion on liability (see News item March 23, 2009). As a result of these two favorable rulings, Rothstein Law sent the insurance carrier a "bad faith" letter demanding that it settle the case for the limits of the cab driver's insurance policy or face liability for paying any excess verdict.
October 19, 2009 - ACD For 64-Year Old Woman Charged With Grand Larceny
The client was shopping at MACY*S when her daughter picked up a decoy pocketbook, placed on the ground by the New York City Police Department, containing a phony credit card and forged money. The police arrested the client, her daughter, and another individual, for Grand Larceny in the Fourth Degree and Criminal Possession of Stolen Property in the Fifth Degree. Rothstein Law's investigation revealed that the client immediately instructed her daughter and the other person to put the bag back where they found it because it was not theirs. The District Attorney's Office confirmed this fact with the police and offered the ACD, which will result in the case being dismissed and sealed.
October 1, 2009 - Criminal Conviction Reversed
The client was convicted on criminal possession of stolen property in the fourth degree. On appeal, the court reversed the client’s conviction holding that the Assistant District Attorney’s improper legal instructions in the grand jury impaired the integrity of the proceeding.
September 29, 2009 - Federal Court Allows Trial To Proceed In State Court
The client sued the filed defendant in State court for false arrest. Just prior to trial, the defendant filed for bankruptcy protection and asked that the case be tried in Bankruptcy Court. The Judge decided to abstain from trying the case in bankruptcy court and lifted the automatic stay so the case could proceed in State court. Defendant appealed the ruling to the District Court, which affirmed the ruling.
September 21, 2009 – ACD In Trademark Counterfeiting Case
The client was arrested for selling counterfeit Versace handbags in Chinatown. At the time of the arrest, the police recovered 39 counterfeit Versace handbags from a store. During negotiations with the prosecutor, Rothstein Law noted that the client had no prior record and did not own the store. As a result, the District Attorney permitted the client to do 1 day of community service and receive an Adjournment in Contemplation of Dismissal. The case will be dismissed and sealed in 6 months.
August 31, 2009 - City Settles Injury To Inmate Case
The client was jailed in the Riker's Island infirmary when he hurt his back due to an explosion at a nearby power generator. After presenting the client's medical records showing no prior complaints about back pain, the City settled the case without the need for litigation.
August 4, 2009 - City Settles False Arrest And Detention Claim
The client plead guilty to violating the terms of his probation and accepted a one year jail sentence because he already had enough jail credit to cover the sentence. After the plea, the Probation Department alleged that the client threatened the probation officer outside of the courthouse and sought an enhanced sentence despite the fact that the court terminated probation at the time of the plea and the alleged threats did not make out a crime and amounted to nothing more than free speech. As a result, the Judge remanded the client to custody pending a hearing, which Rothstein Law objected to. At the hearing, the Court agreed with Rothstein Law that it had no authority to enhance the client’s sentence and gave him the promised one year. However, the Department of Corrections failed to properly calculate his jail credit despite Rothstein Law having given the client a certified printout showing he enough time to cover the sentence. As a result of the conduct of the Probation Department and the negligence of the Corrections Department, the client spent eight days in jail. The City paid the client $48,000 to resolve his claim without the need for a lawsuit.
August 4, 2009 - Court Denies Motion To Exclude Client From Deposition
In a civil assault case, the plaintiff ex-girlfriend made a motion to prevent the client, her ex-boyfriend, from being physically present during her deposition. Initially, the plaintiff’s lawyer wrote the Judge a letter seeking this relief and the Judge agreed, orally directing that the client be in a different room but able to listen by speakerphone. Rothstein Law then asked the Judge to require the plaintiff to file a formal motion for this relief and include the affidavit of her treating psychologist. The Judge responded by holding a conference and again indicted her intention to exclude the client from the room during the deposition. Rothstein Law again requested formal motion practice, so an appeal could be taken if necessary, because the plaintiff was attempting to prevent the client from exercising his Constitutional right to be present at his adversary’s deposition. The Judge relented and ordered formal motion practice. After reviewing the motion papers, and considering our legal arguments, the Judge reversed course and denied the plaintiff’s motion to exclude her ex-boyfriend from her deposition. Rothstein Law is proud that it stood up to the Court and successfully fought to protect the client’s Constitutional rights.
July 13, 2009 - Grand Jury Dismisses Drug Sale Charge
The client and another person were arrested after allegedly selling drugs inside an apartment building. The client denied the charge stating that he was outside the building when the police rushed up and arrested him for no reason. After hearing the evidence, the grand jury dismissed the case.
July 13, 2009 - Trespass Case Dismissed
The client was arrested for trespassing in a Manhattan apartment building. Rothstein Law proved to the District Attorney’s Office that the client was on his way to visit a friend in the building and the case was dismissed.
July 9, 2009 - Assault Charge Dismissed - Lawsuit against Police To Follow
The client manages a fast food restaurant. The ex-boyfriend of a restaurant worker broke her car window and roughed her up. When a co-worker intervened, the ex-boyfriend stabbed him. The client then went to see what was going on and the ex-boyfriend ran away and the client gave chase in a car. When the client caught up with the ex-boyfriend, another person had beaten him up. The police initially arrested everyone but neither the ex-boyfriend nor the person who beat him up was prosecuted. After Rothstein Law had discussions with the District Attorney’s Office, the case against the client was not pursued. Rothstein Law has filed a Notice of Claim against the City of New York for false arrest, malicious prosecution and failing to bring the client before a Judge within 24 hours of his arrest – the client did not see a Judge for 3 days after his arrest.
July 2, 2009 - Summary Judgment Awarded To Clients Struck By Forklift
Two clients were paying the cashier inside a large warehouse supermarket when an employee lost control of the forklift he was driving resulting in serious injuries to both clients. As soon as defendant served its Answer, Rothstein Law asked the Court to award the clients summary judgment on the issue of liability. Rothstein Law provided the Court with the store’s accident report (which included statements from the driver and two other employees who witnessed the accident) as well as affidavits from the clients and the person they were with. The Court granted the motion and rejected the defendant’s claim that it needed discovery before it could oppose the motion.
June 22, 2009 - Settlement In False Arrest – Untimely Arraignment Case
The client was arrested for attempted assault of a police officer following a riot outside a nightclub. After his arrest, the police failed to bring him before a Judge within 24 hours as required by law. Rothstein Law’s investigation turned up a photograph of the client standing lawfully behind a barricade minding his own business. Following dismissal of the criminal case, the City of New York paid $4,000 to settle his civil claims for false arrest and an untimely arraignment. The client spent approximately 36 hours in jail before being released at his arraignment.
June 19, 2009 - Aggravated Harassment Case Dismissed
The client allegedly called the mother of his child on the telephone and threatened to harm her because she would not let him into her apartment. The prosecutor offered the client a plea to harassment and a one-year order of protection. Rothstein Law advised the client not to accept the offer and go to trial for fear that the harassment conviction would later be used against him in Family Court. In addition, the client had an excellent First Amendment defense. The Court granted Rothstein Law’s motion to dismiss the case on speedy trial grounds when the alleged victim failed to appear in court twice for trial.
May 12, 2009 - Youthful Offender Status For 14 Year Old Boy
The client, a 14 old boy, was indicted in Supreme Court for two gun point robberies committed within one month of each other. The prosecutor opposed granting the client Youthful Offender status because he held a gun. In a private meeting with the Judge and prosecutor, Rothstein Law convinced the Judge that there were mitigating circumstances and he granted Youthful Offender status meaning the client still does not have a criminal record.
May 11, 2009 - Settlement in Legal Malpractice Case
The court dismissed the client’s underlying medical malpractice case because her attorneys’ failed to properly oppose a motion for summary judgment. Although the case involved the negligence of gastroenterologist, the client’s attorneys opposed the motion with the affidavit of a general surgeon but did not establish a foundation for his opinion making the affidavit of no probative value. When presented with the legal malpractice claim, the attorneys and their insurance carrier claimed that the court’s decision relied upon new case law and therefore they were not liable. However, after Rothstein Law presented them with cases over 10 years old demonstrating that the court relied on well-settled principles, the prior attorneys and their insurance carrier negotiated a fair pre-trial settlement.
April 16, 2009 – Violation In Fake Credit Card Case
On back-to-back days, the client used a fake credit card to make purchases at a K-Mart. After being caught on the second day, he was charged with forgery, identity theft and criminal possession of a forged instrument, all felonies. The prosecutor initially offered the client a misdemeanor plea. However, Rothstein Law was able to convince the prosecutor to allow the client to plead guilty to disorderly conduct, a violation and not a crime, and perform community service based upon the fact that these were his first arrests and that he had recently been laid off from his job as a file clerk at a prestigious law firm.
April 2, 2009 – Settlement in Slip and Fall Case
The client slipped and fell in his bathroom in the middle of the night due to a chronically leaky pipe under the sink and suffered a torn meniscus requiring arthroscopic surgery. The landlord’s insurance company denied that the client ever complained about the leak. However, as part of our investigation, Rothstein Law obtained the client’s telephone records that showed multiple calls to the management office, none of which were recorded in his tenant file. After several years of refusing to offer fair value, the landlord’s insurance carrier finally offered a fair settlement shortly prior to trial.
April 2, 2009 – First Degree Robbery Charge Dismissed
The District Attorney’s Office charged the client with helping to steal over $200 from the alleged victim with a BB gun. Rothstein Law’s investigation revealed that the alleged victim was actually beating up his own sister and no that robbery took place. In addition, our investigation revealed that the alleged victim was arrested shortly after the incident. After reviewing all the facts of the case, the prosecutor asked the court to dismiss the charges against our client.
March 23, 2009 – Summary Judgment Awarded In Pedestrian Knockdown
A taxicab struck the client while he was crossing the street on a green light. As soon as the defendants served their Answer, Rothstein Law moved for summary judgment on the issue of liability. The defendants opposed with the cab driver’s affidavit essentially claiming that the client walked into the cab. Rothstein Law showed the Court appellate case law rejecting this same defense and the Judge granted our motion. Interest now begins to accrue at 9 percent per year. Rothstein Law acts assertively and files summary judgment motions before depositions on these types of cases to put the defendants and their insurance carriers on the defensive.
March 16, 2009 – Felony Cocaine Possession Dismissed
The police allegedly saw the client and another person purchase items from two other separately charged people before entering a car. The police then stopped the car and arrested the client, the other person and the driver. The police found a bag of cocaine on the other person they claimed to have made a purchase but nothing on the client. The police also found over $7,000 inside of a box. Rothstein Law’s investigation revealed that our client never purchased anything from the separately charged individuals and the District Attorney dismissed the case due to its inability to prove it beyond a reasonable doubt.
March 11, 2009 – Felony Gun Charge Dismissed
The client was one of four people arrested for possessing a gun following a traffic stop after the police saw a magazine clip fall to the ground as one the rear seat passengers exited the car. The gun was then found on the floor where this co-defendant was seated. The police arrested all four people in the car on the legal theory that they all had constructive notice that the gun was in the car. Rothstein Law was able to convince the District Attorney’s Office that it could not prove the case against the client beyond a reasonable doubt because he was seated in the front seat.
February 23, 2009 – ACD For Mother Accused of Endangering Her Son
The police arrested the client after her five year old son was found unattended in the hallway of their apartment building. After extensive negotiations, Rothstein Law convinced the District Attorney to offer an Adjournment In Contemplation of Dismissal.
February 9, 2009 – Dismissal In Drug Possession With Intent To Sell
The client was initially charged with possession of cocaine with the intent to sell, a felony. The District Attorney reduced the charge to a misdemeanor and offered to let the client plead guilty and receive a sentence of time-served. The client wanted to accept the deal because the open case was preventing him from obtaining a taxi-driver license. Rothstein Law advised the client not to accept the deal because it would automatically lead to the suspension of his driver’s license. In the end, the case was dismissed for failure to produce a laboratory report.
February 2, 2009 - Dismissal In Attempted Assault of Police Officer
A police officer claimed that the client pushed him to the ground during a fight outside a nightclub. The Court granted Rothstein Law’s motion to dismiss the case due to the District Attorney’s speedy trial violation. Photographic evidence corroborates the client’s statement that he was not involved in the fight. Rothstein Law is preparing a civil lawsuit against the City and the police for false arrest and malicious prosecution.
December 19, 2008 - Settlement In Theater Trip And Fall
Rothstein Law negotiated a favorable settlement for a woman who tripped and fell in a darkened theater after being let in early to assist her wheelchair bound companion. Despite letting the woman in, the theater left the house lights off and failed to warn her about two steps leading to her seat. As a result of tripping down these steps, the client exacerbated a pre-existing hand injury. The defendants agreed to settle the case after completing the client's deposition.
December 18, 2008 - Dismissal For Client Accused of Drug Sale
The police alleged that the client made a drug sale to another individual at a particular location in the Bronx, where the police claim they made the arrest. The client denied making a drug sale and said the police arrested him at a different location. Rothstein Law's investigator immediately went to the area and found store surveillance tape and an eyewitness that supported our client's version. The District Attorney dismissed the case and the client is suing the Police Department for false arrest.
December 9, 2008 - Violation in Felony Drug Sale Case
The client was arrested and charged with a Class B felony drug sale based upon the police officer's allegation that he saw the client make a hand-to-hand drug sale through a car window, at night, while it was raining out. Rothstein Law determined that the officer's claims were doubtful and that he likely lacked probable cause to stop and search the client. Our presentation to the District Attorney's Office resulted in the client pleading guilty to disorderly conduct, a violation, not a crime, and being sentenced to time-served. The client faced up to 6 years in jail had he been convicted of the drug sale.
December 8, 2008 - Drunk Driving Case Dismissed
The client was arrested while sitting in a lawfully parked car for drunk driving and blew a .08 on the breath test. Rothstein Law convinced the District Attorney's Office that there was a serious probable cause issue and that it was unlikely a jury would convict the client on a .08 given that the police officer did not actually see the client driving.
November 21, 2008 - Summary Judgment Awarded In Falling Object Case
A client was severely injured when a 1' x 2' piece of cast iron metal fell off the exterior of a Manhattan building. Following depositions, Rothstein Law asked the Court to award the client summary judgment on the issue of liability based upon the doctrine of res ipsa loquitur. Relying on a 2006 case from New York's highest level Court, Rothstein Law convinced the Judge that this was the type of "rare" case where an award of summary judgment to a plaintiff was appropriate.
November 11, 2008 - Medical Malpractice Settlement
Rothstein Law reached a pre-lawsuit settlement for a woman who experienced delivery trauma as a result of inadequate anesthesia. The case settled during a mediation. Several other law firms turned this case down either because they did not see liability or because they thought the case was too small. Rothstein Law recognized its value and made it a winner.
November 7, 2008 - Settlement In Subway Slip And Fall
With a jury selected, Rothstein Law obtained a settlement in a difficult liability case for a man who slipped and fell down an interior subway station staircase due to water tracked inside following a huge blizzard. Rothstein Law took a case that most firms would have passed on and demonstrated its willingness to fight for the client.
October 15, 2008 - Favorable Ruling For Client In Bankruptcy Court
A client sued a women for having him falsely arrested. Just before the case was set to be tried, the woman filed for bankruptcy protection staying the false arrest case as a matter of law. Rothstein Law filed an adversary proceeding in Bankruptcy Court challenging the woman's right to discharge the debt. The Bankruptcy Judge denied the woman's motion to dismiss the adversary proceeding and issued an order allowing the false arrest trial to go forward.
August 13, 2008 - Elevator Negligence Case Settled In Mediation
A client was injured when the elevator she was riding in suddenly dropped. Rothstein Law's investigation revealed that the building owner had notice of prior similar problems with the same elevator and pled guilty to a building code violation as a result of the client's accident. Rothstein Law settled the case in mediator for twice what the client's prior attorney had even demanded.
August 11, 2008 - Civil Default Judgment Vacated In Assault Lawsuit
Rothstein Law obtained a court order vacating a $60,000 default judgment against a man sued for civil assault who failed to answer the complaint. Rothstein Law convinced the Judge that its client had a reasonable excuse for not answering the complaint and a meritorious defense. Rothstein Law subsequently served an Answer on the client's behalf and is defending the lawsuit.
August 7, 2008 - Criminal Charges Dismissed In Fake Credit Card Case
Rothstein Law obtained the dismissal of all charges for a man arrested for possession of counterfeit credit cards that the police discovered hidden in a car after a traffic stop. Rothstein Law presented case law to the prosecutor demonstrating that the search of the car violated the client's rights. The client faced mandatory State jail time if convicted because he had a prior felony conviction for the same crime.
August 7, 2008 - 1 Year Jail Sentence For Man Facing Life In Jail
A client arrested in Westchester County for A-1 felony cocaine possession received a 1-year negotiated jail sentence after Rothstein Law presented legal arguments to the Special Narcotics Prosecutor questioning its jurisdiction to prosecute the case in New York County and questioning the client's knowledge he was guarding a drug stash house.