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Rothstein Law PLLC
Free Consultations 212-577-9797
Your Case Is Important to Me

I will handle your case from start to finish; you will never
be passed from associate to associate.

Meet Attorney Eric Rothstein

Eric E. Rothstein

Former Assistant District Attorney and Former Special Assistant United States Attorney.

Eric E. Rothstein is former Assistant District Attorney for Queens County, New York, and a former Special Assistant United States Attorney for the Eastern District of New York. Practicing law since 1991, Mr. Rothstein specializes in personal injury/accident cases and criminal defense. ... Read More

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A Personal Injury & Criminal Defense Attorney

At Rothstein Law PLLC, I know that your case is very important to you. That’s why I treat every case I handle like it’s the most important case in the office.

I will handle your case from start to finish; it won’t be passed from associate to associate like at some larger firms. I handle only a manageable number of cases at any given time and I don’t accept every case that walks in the door. This gives me the time to treat each client like he or she is my most important client. Following this business model has allowed me to recover millions of dollars for my clients.

Appointments: If you cannot make it to my office, I am happy to visit you in your home or in the hospital.

Fees: I handle personal injury cases on a contingency basis so you pay no attorney fee unless you recover money to compensate you for your injury. In criminal cases, I generally can work out a reasonable payment plan. I accept credit cards, PayPal, Venmo, and Chase Quick Pay.

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News & Events

September 28, 2021 – 6-Figure Settlement In Assault Case

The defendant pushed the client twice (once into a pool) because the defendant wrongly believed the client took the Superman cape worn by a diminutive entertainer. As a result, the client re-tore his ACL, which he had just had surgery and done three months of physical therapy, both of which he had to redo. Mr. Rothstein did an intensive investigation of the defendant, who had a history of claiming that he was the victim. Mr. Rothstein subpoenaed records from all his schools and found a pattern of violence and trouble with authority. Mr. Rothstein also deposed the defendant’s parents and sister and demonstrated that the family has significant issues telling the truth. The case settled in a mediation with the federal Magistrate Judge. Read More

September 22, 2021 – City Agrees To Produce Records In FOIL Dispute

The client filed a FOIL demand to obtain the Department of Education Special Commissioner of Investigations’ records regarding its investigation of him. In response, the SCI provided very few record, which were redacted. Mr. Rothstein filed an Article 78 proceeding in court to challenge the decision. In response, the SCI agreed to turn over its entire file, redacted. The litigation will continue of whether the client is entitled to unredacted records and whether he is a prevailing party to require the City to pay his legal fees. Read More

September 17, 2021 – Judge Orders Insurance Carrier To Produce Witness

In an SUM case (see July 28, 2021, news below), the defendant insurance carrier filed a motion seeking to vacate the Judge’s prior decision to produce one year of its doctors’ reports and payment records based on an affidavit from a Regional Claims Manager that it leaves the selection of the physicians to an outside vendor. The Judge held the motion in abeyance to afford Mr. Rothstein the opportunity to serve a document demand and to depose the Regional Claims Manager limited to the affidavit. Read More

August 11, 2021 – Judge Orders Insurance Carrier To Produce Claim File

In an SUM case (see July 28, 2021, news below), the defendant insurance carrier redacted a large portion of its claims file alleging that the records were created in the anticipation of litigation. However, Mr. Rothstein used their attorney’s prior assertion (made when trying to avoid producing a year of their doctors’ reports and payment records) that they had not decided whether or not to pay the claim against them and provided the Judge with case law saying that an insurance company cannot withhold SUM claim records created before it decides to pay or reject a claim. The Judge ordered the carrier to produce the records. Read More

August 4, 2021 – Judge Orders Utility To Provide Discovery Back To 2012

The client tripped and fell due to a mis-leveled sidewalk abutting a utility’s grating. Mr. Rothstein found photos of the defect on Google Street View and Bing dating back to 2012. Mr. Rothstein then demanded inspection and maintenance records along with written complaints and permits for the location dating back to 2012. The utility objected and refused to provide more than 2 years of records so Mr. Rothstein wrote a letter to the Judge. After reviewing the letter and having a virtual conference, the Judge ordered the utility to provide the records dating back to 2012. Read More

July 30, 2021 – Arraignment ACD In Criminal Mischief Case

The police arrested the client for criminal mischief (PL 145.00) after he shattered a building’s window. At arraignment, the ADA offered an ACD with one counseling session. However, Mr. Rothstein convinced the ADA to drop the counseling session because the client got trapped between the main door and vestibule door at 3:30 am and could not call for help because his cell phone battery had died. Read More

July 30, 2021 – Shortened ACD In No Locksmith License Case

The police gave the client a pink summons for working as a locksmith without a license (Administrative Code section 20-299). Mr. Rothstein convinced the Judge to grant an ACD and dismiss in 30 days because the client was training and his boss had a license but left the location to get equipment. Read More

July 28, 2021 – Judge Orders Insurance Carrier To Produce Doctors’ Reports

The client was seriously injured in a motor vehicle accident. After the other car’s insurance carrier tendered its policy, Mr. Rothstein made a claim on the client’s SUM policy. The carrier used every dirty trick in the book to prevent the client from getting much needed medical treatment so in the lawsuit Mr. Rothstein claimed that the carrier essentially paid for the desired result by paying the doctors hundreds of thousands of dollars per year. Then, in discovery, Mr. Rothstein demanded that the carrier produce one year of medical reports and payment records for these doctors. When the defense lawyer objected, Mr. Rothstein took it up with the Judge who ordered the insurance carrier to produce the materials. Now Mr. Rothstein will be able to pull the curtain back on the cozy financial relationship between the insurance carrier and its doctors of choice. Read More

July 14, 2021 – Judge Orders City To Produce Fingerprint Cards And Photos

The NYPD arrested the plaintiff in Albany based on a 1994 warrant. While plaintiff has the same name as the person in the warrant he is not that person. The City moved to compel the client to be fingerprinted in order to get his NYSID number. Mr. Rothstein opposed and cross-moved to compel the City to produce the fingerprint cards and arrest photos from the 1994 case in order to compare those fingerprints to the clients. The Judge denied the City’s motion and granted Mr. Rothstein’s motion. Read More

June 9, 2021 – Traffic Infraction In Death Case

In a tragic case, the police arrested the client for failure to yield the right of way after he struck and killed a pedestrian, who was walking in the crosswalk, while making a left-hand turn. While this was clearly an accident, NYC has criminalized it under the Vision Law law, which has yet to be tested in the Court of Appeals. The prosecutor was initially talking about a plea to a crime with jail time. Read More

May 28, 2021 – Judge Orders Defendant To Produce Additional Discovery

The client was injured at a movie theater due to negligent security. Using the Freedom of Information Law, Mr. Rothstein obtained prior police assault reports going back ten years. Based on this, Mr. Rothstein demanded that the defendant produce its incident reports. When the defendant only agreed to produce reports for a limited period, Mr. Rothstein filed a motion to compel and the Judge ordered it to provide additional records. Read More

May 28, 2021 – Fair Labor Standards Act Case Dropped

A waiter sued the client alleging that he was a partner in the restaurant where he worked and claimed he was not paid proper wages or overtime. Mr. Rothstein voluntarily produced his client’s tax returns, and other documents, showing that he had no association with the restaurant, demanded plaintiff’s deposition, and served a Rule 11 Safe Harbor letter threatening sanctions. The plaintiff then dropped the case. Read More

May 20, 2021 – $240,000 Pre-Deposition Settlement In Car Accident Case

The clients were passengers in the middle car of a five vehicle accident. When settlement negotiations stalled, Mr. Rothstein moved for – and won – summary judgment against their driver. Despite the Judge dismissing the driver’s claim that another car cut him off and suddenly stopped, his insurance carried filed a third-party action against the other car. Mr. Rothstein then ... Read More

April 5, 2021 – Court Seals Court Records

An ex-lover sued the client for breach of contract and Mr. Rothstein filed a counterclaim for infliction of emotional distress for giving the client an STD. Given the highly sensitive nature of the claim, Mr. Rothstein filed an emergency application to seal the records. Although the ex-lower’s lawyer objected, the Judge agreed that there were privacy issues and permanently sealed the records. Read More

April 2, 2021 – Chance To Avoid Criminal Record In Drunk Driving Case

The police arrested the client after seeing him drive away from an accident. They added drunk driving charges after finding an open beer in his car and he later blew a .166 on the breathalyzer. Despite blowing twice the legal limit, being in an accident, and having the open beer, Mr. Rothstein was able to negotiate a treatment deal that gives the client the opportunity to ... Read More

March 26, 2021 – Civil Case Settled Without Client Having To Pay

Someone tripped and fell on the sidewalk abutting a house that the client and sued her and the City. After discovery, Mr. Rothstein convinced the plaintiff’s lawyer to drop his case against the client. When the City refused to sign off, Mr. Rothstein filed a motion and the Judge dismissed the plaintiff’s claim against the client and converted the City’s cross-claim to a ... Read More

March 19, 2021 – ACOD With One-Day Dismissal In Assault Case

The police arrested the client after he allegedly assaulted his grandfather while intoxicated on his birthday. The grandfather did not want to proceed with the case, which the DA confirmed. However, time was of the essence because the client was undergoing background checks at his job and for another job he had just been offered. Based on these facts, Mr. Rothstein convinced the ... Read More

March 11, 2021 – Criminal Assault Case Dismissed

The police arrested the client after he allegedly assaulted a neighbor in a fight over a parking spot. Mr. Rothstein provided the prosecutor with information that the complaining witness was trying to charge money for a parking spot that he did not earn along with evidence that he slashed the client’s tires. Subsequently, the District Attorney moved to dismiss the case. Read More

February 23, 2021 – Carrier Tenders Policy In Car v. Skateboard Accident

The client was riding a skateboard when a car, coming the other way, hit him while making a left-hand turn without out making sure it was safe despite a large truck blocking her view. The client suffered multiple fractures and Mr. Rothstein convinced the carrier to quickly offer it’s 6-figure policy. Read More

February 23, 2021 – Breeder Surrenders Puppy

The client allowed a neighbor to breed his female husky with her male husky on the condition that he would give her first choice of a puppy from the litter. However, after the birth, the neighbor stopped responding to the client. After reviewing the client’s text messages, which sufficiently showed a deal, Mr. Rothstein called the neighbor and convinced him to surrender the puppy rather than face a lawsuit and possible media attention. Read More

February 18, 2021 – Criminal Assault Case Dismissed

The police arrested the client after he allegedly broke the complaining witness’ nose in a fight over a parking spot. The case stalled due to the Covid-19 pandemic but once the speedy trial rule went back into effect, the prosecutor failed to timely serve discovery and a statement of readiness. Following these oversites, Mr. Rothstein filed a motion to dismiss the case based on a speedy trial ... Read More

January 11, 2021 – Judge Awards Summary Judgment In Multi-Car Case

The clients were passengers in a for-hire vehicle that was part of a 5 car accident on a highway.  Although the parties were close on settlement, the defendants did not offer enough to resolve the case so Mr. Rothstein filed a lawsuit and moved for summary judgment after all of the defendants served their Answers. The driver for the car that the clients were riding filed an affidavit alleging that ... Read More

December 24, 2020 – Judge Stays Non-Party Deposition

The defense lawyer in a trip and fall case tried to depose a non-party witness before producing his client. Mr. Rothstein had properly served a deposition notice and therefore had priority. When the lawyer refused to produce his client first, Mr. Rothstein filed a motion to block the non-party witness' deposition until after he deposed the defendant.  The  Judge agreed ... Read More

December 10, 2020 – Judge Directs Schools To Produce Disciplinary Records

In a federal court assault case, the defendant (a young adult) and his father gave conflicting accounts about why the defendant left his local high school after freshman year to enter a military academy and why he left the military academy after his junior year. Based on the differing accounts, the Judge issued an order authorizing Mr. Rothstein to subpoena the defendant’s ... Read More

November 20, 2020 – Insurance Company Tenders SUM Policy

Earlier this summer Mr. Rothstein settled the client’s motor vehicle accident case with the other driver’s insurance carrier. As many people were hurt in the accident and there was not enough insurance coverage to go around, the client sought additional compensation from her own insurance policy’s SUM coverage. Her carrier initially made a low ball offer so Mr. Rothstein filed a ... Read More

October 23, 2020 – Insurance Company Pays Lost Wages

The client was injured when a livery car passenger opened his door into the client’s bicycle. Due to the incident, the client was unable to start his new job as scheduled for the following week. The no-fault carrier initial refused to pay lost wages when it mistakenly thought it had exhausted its policy. Once that error was corrected the carrier still declined to pay. Mr. Rothstein made a strategic ... Read More

October 20, 2020 – Judge Orders Defense To Provide Discovery

The client was injured at a club when another patron threw a glass bottle at his head. Through a FOIL request to the NYPD, Mr. Rothstein found two similar incidents occurred in the year prior to plaintiff’s. After filing suit, Mr. Rothstein demanded that the defendants provide the prior incident reports and surveillance videos but they refused. Mr. Rothstein then filed a motion to compel and cited ... Read More

October 13, 2020 – Settlement in New Jersey Accident Case

Did you know that Rothstein Law handles cases in New Jersey? We just negotiated a significant settlement for a woman who was struck by a car despite the fact that she was walking far outside the crosswalk. Read More

October 12, 2020 – Judge Orders Defense To Provide Privilege Log

The defense objected to several of Mr. Rothstein’s discovery demands on the ground that they were protected by the attorney-client privilege and/or the work product doctrine. Mr. Rothstein then requested a privilege log but defense counsel refused. Mr. Rothstein then filed a motion to compel defense counsel to provide the log and the Judge agreed that Mr. Rothstein is entitled to it. We will always ... Read More

October 9, 2020 – Six Figure Settlement In Legal Malpractice Case

The client was in a motor vehicle accident and suffered a torn meniscus that required arthroscopic surgery. After the other driver’s insurance carrier offered its minimum insurance policy the client sought to make an underinsured claim against his own carrier. However, his attorney failed to get the required permission to settle from the client’s carrier thus forfeiting the claim ... Read More

September 14, 2020 – Judge Denies Motion To Re-Add Clients

In a federal corporate litigation that started in Texas, before being transferred to New York, the plaintiff filed a motion to re-add the previously dismissed individual defendants (as opposed to their company). In denying the motion, the Judge agreed with Mr. Rothstein that the plaintiff failed to show good cause or due diligence and denied the motion. This is an important win because ... Read More

July 15, 2020 – Scammer’s Case Dismissed

A woman claimed that she fractured her leg due to slipping and falling on the sidewalk in front of the home next to hers. The emergency room records indicated that she walked into the hospital complaining about leg pain that had started two weeks earlier but made no mention of a fall. At their depositions, the woman (and her daughter) insisted that an ambulance picked her up at the alleged accident site and ... Read More

July 6, 2020 – Mid-Level Six Figure Settlement In Car-Bike Case

The client was riding his bicycle when a passenger in a car opened his door without warning or checking to make sure no bikers were approaching. As a result, the client crashed into the car door suffering a tibia/fibula fracture requiring open reduction and internal fixation. Once the client was able to weight bear, he suffered a ... Read More

June 29, 2020 – Carrier Tenders Policy In T-Bone Case

The client was a passenger that was t-boned by another car that pulled out of a driveway. The client suffered, among other things, a fractured vertebra and had surgery to his knee and elbow. The offending vehicle had the minimum NY insurance coverage, which the carrier tendered. Mr. Rothstein will now seek additional recovery against the host vehicle’s UM coverage. Read More

June 25, 2020 – Carrier Tenders Policy In Vespa Sideswipe Case

The client was riding a Vespa on a highway when he was sideswiped by a hit and run driver. The police quickly caught the car and matched the side view mirror that broke off during the accident to the vehicle. In view of the client’s fracture and the insured’s flight, the carrier tendered the full limits of its policy. Read More

June 17, 2020 – Carrier Tenders Policy In Car Accident Case

The client was one of six people injured when her car was hit in the rear while driving on the New Jersey Turnpike. Prior to depositions Mr. Rothstein obtained an order granting summary judgment on liability... Read More

May 27, 2020 – Settlement In Legal Malpractice Case

The client was hurt on a Pennsylvania water park slide when the ride operator let the guest behind him leave too soon causing that rider to crash into the client once on the way down and... Read More

May 26, 2020 – Settlement In Americans’ With Disability Act Case

A restaurant manager denied the client entry because he was accompanied by his service dog in violation of the Americans With Disability Act. When the restaurant made a low ball settlement offer... Read More

April 6, 2020 – Settlement In Fall Case

The client tripped and fell on an extension cord placed outside a front door at a Halloween party and suffered a broken ankle that did not require surgery. Mr. Rothstein negotiated a $125,000 settlement... Read More

March 18, 2020 – Insurance Company Pays Full Policy

A car that was backing up struck the client who had just exited his auto after parking. As a result, the client suffered a broken nose and a shoulder tear that required arthroscopic surgery. Based on the facts... Read More

March 11, 2020 – Judge Stays Subpoenas

In a federal court commercial case, Mr. Rothstein, representing the defendant, objected to producing certain records in discovery. Plaintiff’s counsel then filed a motion to compel and Mr. Rothstein opposed. Read More

March 5, 2020 – ACD In Forcible Touching/Sexual Abuse Case

The police arrested the client for forcible touching and sexual abuse (PL 130.52 and 130.55) based on a woman's allegation that he pressed his erect penis against her on the subway. Given the nature of the ... Read More

February 27, 2020 – Judge Strikes DA's Statement of Readiness

The DA served a certificate that it complied with the new discovery statute and was ready for trial. Mr. Rothstein objected arguing that the certificate said that the DA was still waiting additional ... Read More

February 19, 2020 – Judge Grants Discontinuance In Civil Case

A neighbor allegedly tripped and fell on the sidewalk abutting the client’s home in Queens and sued the client and the City of New York. After completing discovery, Mr. Rothstein convinced the plaintiff’s attorney ... Read More

February 13, 2020 – Violation For Lawyer In Serious Reckless Endangerment Case

The police arrested the client for allegedly driving his car into the bike lane and nearly hitting a woman who was riding a bike (PL 120.20; VTL 1212). Many eyewitnesses called 911 and the recordings of the call were ... Read More

February 4, 2020 – ACD In Identity Theft and Petit Larceny Case Without FDIC Issue

The police arrested the client for allegedly using a museum member’s account number to print out free passes that he then sold at a discount. (PL 190.78, 155.25) ... Read More

January 23, 2020 – Settlement In Legal Malpractice Case

An uninsured lawyer hired Mr. Rothstein to defend him in a legal malpractice case after he failed to attach the apartment... Read More

January 22, 2020 – Settlement In Premises Case

An employee of a large chain store accidentally pushed a cart into the client while she was standing by a counter, injuring her neck. Video surveillance of the incident showed the client had ... Read More

January 15, 2020 – Bankruptcy Judge Denies Discharge of Assault Judgment

The defendant assaulted the client and pled guilty in Criminal Court to a misdemeanor. Mr. Rothstein then filed a civil lawsuit and the defendant defaulted and the court denied his motion to vacate the ... Read More

January 9, 2020 – Civil Sexual Assault Case Dismissed

A woman sued the client for allegedly sexually abusing her years ago but she never served him. The client only found out about the case when the court mailed him notice of a status conference. Rothstein Law successfully asked ... Read More

January 6, 2020 – Judge Strikes City’s Notice To Admit

The City of New York served a Notice to Admit in a sidewalk trip and fall case requiring the co-defendant to admit certain uses of the property that went directly to whether the law requiring abutting landowners to ... Read More

December 19, 2019 – Drone Pink Summons Case Dismissed

The police issued the client a pink summons for allegedly flying a drone over New York City (Administrative Code 10-126). Mr. Rothstein moved to dismiss the case because while the statute bans take off ... Read More

December 12, 2019 – ACD With Early Sealing In Reckless Endangerment Case

The police arrested the client for allegedly throwing an egg at someone (PL 120.20, 240.26). Despite a rash of similar occurrences in the county, Mr. Rothstein convinced the prosecutor to offer ... Read More

December 9, 2019 – DUI Case Dismissed

he police arrested the client for allegedly driving while intoxicated (dui/dwi) after he hit a stopped car (VTL 1192.1, 1192.2, 1192.3). Initially, the DA could not get a supporting ... Read More

December 5, 2019 – Attempted Assault Case Dismissed

The police arrested the client for allegedly assaulting her then boyfriend (PL 110/120.00, 120.15, 240.26) several months earlier. Mr. Rothstein arranged a surrender and used the time to obtain a ... Read More

November 29, 2019 – Attempted Robbery Case Dismissed

The police arrested the client for allegedly trying to rob someone (PL 110/160.10(1)). Mr. Rothstein’s investigation revealed that the incident arose from a drug deal gone bad, which the complaining witness ... Read More

November 21, 2019 – Summary Judgment Granted

Another driver hit the client’s car on a New Jersey highway. Mr. Rothstein made a pre-deposition motion for summary judgment on liability and to determine that the “serious injury” threshold did not apply because ... Read More

November 20, 2019 – Forged Check Case Dismissed

The police pulled the client over for being on his cell phone and then saw marijuana inside the car. During a subsequent search the police found over 20 forced checks and charged the client with Criminal Possession of ... Read More

November 12, 2019 – Witness Tampering Case Dismissed

The police charged the client for with tampering with a witness for allegedly threatening a witness in an attempted murder case. Mr. Rothstein used subpoenas to obtain the client’s work time records and cell phone call and ... Read More

October 31, 2019 – Straight ACD In Electric Zoo Drug Case

The police arrested the client for drug possession during the Electric Zoo music festival on Randall’s Island. Mr. Rothstein was able to negotiate a straight ACD without the need for a drug treatment program or community service ... Read More

October 28, 2019 – Driving With Suspended Registration Case Dismissed

The police gave the client a pink summons for driving a car with a suspended registration, a misdemeanor. Mr. Rothstein explained that the summons resulted from unpaid EZ Pass violations, which the client cleared up and that the DMV ... Read More

October 10, 2019 – Judge Grants Summary Judgment

A car struck and killed a woman as she was crossing the street .  Mr. Rothstein obtained surveillance video of the incident showing that the woman waited for the light to turn green before proceeding in the crosswalk and that the car that ... Read More

September 26, 2019 – DA Drops Assault Case

A security guard at a night club had the client arrested for assault (PL 120.00) after a verbal and physical altercation that occurred when the client and his friends were trying to enter. ... Read More

September 9, 2019 – DA Concedes Speedy Trial Dismissal After Service Error

The police arrested the client for allegedly punching a hotel security guard (PL 120.00, 240.30). Subpoenaed records that Mr. Rothstein received from the hotel showed that the client also allegedly did thousands of dollars in property damage. ... Read More

August 20, 2019 – Immediate Dismissal and Sealing Saves Job

The client received an ACD with a different lawyer 3 1/2 months ago. However, the client’s job was in danger because the open ACD would not allow him to pass the yearly criminal background check at work. ... Read More

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