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Eric Edward Rothstein

Eric Rothstein’s Answers

39,100 total


  • What should I do when other driver knowingly provide a cancelled insurance card during a car accident

    Over the weekend I was rear ended by another a TLC limousine in New York City. I called the police, but the police didn't show up; then we have exchanged our DL, Registration, and Insurance information. A couple days ago, I submitted a claim aga...

    Eric’s Answer

    The police might arrest him if he didn't have insurance.

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  • Do I need an NDA/non-disclosure agreement with a patent lawyer if I am going to hire him as my patent lawyer?

    I'm just confused. I reached out to a friend for a patent lawyer and got a recommendation to someone. I spoke to the patent lawyer and he said his firm would be happy to work on this. He asked me to email him details on the idea etc to his firm em...

    Eric’s Answer

    Why wouldn't you be protected by the attorney-client privilege? That said, I see no harm in asking a lawyer to sign an NDA but you might have trouble getting someone to do it.

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  • Can I go directly to the courthouse and handle it there or do I have to go to the precinct

    I have a arrest warrant in nyc for a misdemeanor offense

    Eric’s Answer

    An arrest warrant? Are you sure? Who says? The police often say they have a warrant when they really have an I-card, which is an internal notation in their computer system that someone is wanted. If that is your case y you deal with at the precinct. If the court issued a bench warrant because you did not appear in court then you go to court. Either way, I suggest that you retain a criminal defense lawyer and do not make any statements to the police, etc.

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  • What should be put into 440.10 motion (case law) that would help in regards to LLC members not being guilty of grand larceny?

    Former LLC Member convicted of Grand Larceny. 10% Ownership Percentage and 10% Ownership Interest with former LLC as in Operating Agreement. I did not feel as if I should have been brought under criminal but civil court. I wanted to try the Zinke ...

    Eric’s Answer

    What is your legal basis for making a 440 motion? Trying to do it yourself is a big mistake because you only get to file it once as of right. After that, the Judge can simply deny successive motions because you already did one so don't think you will try your best and then you will hire a lawyer if you lose.

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  • Can I be forced to pay for monthly charges for bike space when it was offered to me free of charge 8 years ago at my closing.

    I bought a condo 8 years ago and the offering plan offered bike racks free of charge on a first come basis. Now 8 years later the board is trying to charge us a monthly fee for racks which I thought came with my apt and were offered at my closing...

    Eric’s Answer

    Does the offering plan say the spots will be free forever? I doubt it does and therefore I believe that the Board can impose a fee.

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  • Should the other party be liable for my out of pocket expenses? Should I file a suit with the other party to collect my financia

    Hello. My son was in a accident and totaled my car. The other party was ticketed for running a stop sign. Insurance companies did not pay off loan as I've been paying out of pocket. Roughly $1500 in extra expenses paying off the car and the gap in...

    Eric’s Answer

    You don't get your loan paid off as part of your damages. You get the fair market value of the car on the date of the accident. I take it you don't have gap insurance?

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  • In the fed court you get point off for the safety valve,accepting responsibility ,and 5k,minor role all at one time.?

    Hello

    Eric’s Answer

    All these factors are taken into consideration by the Judge at sentencing.

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  • In fed Court do you get all the points at one time the 5k. Safety valve accepting responsibity and minor role yes or no?

    Hello thank you

    Eric’s Answer

    All these factors are taken into consideration by the Judge at sentencing.

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  • Where do i go in nyc to protest an income execution

    income execution

    Eric’s Answer

    You have to file a motion in the court where the judgment was entered if you have a legal basis to do so.

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  • Should the other party be liable for my out of pocket expenses? Should I file a suit with the other party to collect my financia

    Hello. My son was in a accident and totaled my car. The other party was ticketed for running a stop sign. Insurance companies did not pay off loan as I've been paying out of pocket. Roughly $1500 in extra expenses not covered by either insurance c...

    Eric’s Answer

    You don't get your loan paid off as part of your damages. You get the fair market value of the car on the date of the accident. I take it you don't have gap insurance?

    See question