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Eric Edward Rothstein

Eric Rothstein’s Answers

35,172 total


  • What do you advice a father?

    What do you advice a father? His daughter is born in the UK and the mothers UK lawyer wants to negotiate a child custody agreement with him. He is told that his daughter might be able to visit him in the United States. The mother will not allow hi...

    Eric’s Answer

    Your back? Why do you waste time with these made up situations?

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  • Personal injury mta pedestrian

    i was hit by an mta bus about 6 months ago, had my lower leg injured (tibia and fibula), had to undergo a surgery, was hospitalised for a week and have been bed resting ever since and now I'm finally off my crutches. My lawyer won't tell me what a...

    Eric’s Answer

    There is no amount at this point because it is too soon to know how good your recovery will be. Trust your lawyer.

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  • Do I have a case?

    In February 2015 I token ill n went to my hospital where my doctor is located. In the ER they turned me away n sent me home when I told them I couldn't not breathe. My stomach was bloated n I was retaining fluid. Went home n return again to th ER ...

    Eric’s Answer

    Did the delay in treatment cause the dialysis? You need an expert to testify that the hospital was negligent.

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  • Do I sue someone trying to have me arrested with a false claim?

    I took over all payments from someone who purchased a car and immediately could not afford it due to getting another car from another dealer. They were told it would be a voluntary repossession and after being asked several times, I decided to ass...

    Eric’s Answer

    As you have not been arrested so far a lawsuit for false arrest would be premature. In any event, lawsuits cost significant sums of money and take up lots,of time. Does the person you want to sue have significant assets to recover from if you win?

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  • I'm a unlicensed driver that got into a accident can I sue for anything?

    The accident wasn't at fault

    Eric’s Answer

    Your lack of a driver's license is not a factor. You need to prove that you have a "serious injury " as defined by the Insurance Law in order to sue for pain and suffering. Your no-fault coverage should pay for your lost wages and medical bills.

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  • Can my daughter say that she was never arrested nor charged with a crime?

    My daughter is 16 years old and was charged with petit larceny for shoplifting socks ($16). My lawyer got the case dismissed and sealed. Since she will be applying for colleges soon, can she check the "No" box if it asks her if she was ever arrest...

    Eric’s Answer

    There are 2 schools of thought on this. The majority thinks the answer to your questions are NO because the dismissal does not erase the arrest as New York does not expunge. The minority view is that she can answer no to the questions.

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  • Question about Motion to Dismiss filed against my Complaint after Ans to Amended Complaint has already been served

    Can a motion to dismiss based on CPLR sec. 3211(a)(7) be filed against my Complaint after the defendant has already filed an answer to both my complaint and my amended complaint? It seems the defendant should be filing the motion to dismiss agains...

    Eric’s Answer

    The Amended complain is the one that counts.

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  • Hello, I live in NY and was arrested for dwi in NJ two years ago. Will that arrest appear on my criminal back round check.

    I am applying for a premise pistol permit in NY. Do I have to disclose that arrest?

    Eric’s Answer

    It will likely show up unless it was expunged.

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  • I am a victim of Twitter harassment & privacy violations how do I sue?

    I have altered Twitter they've done nothing I've been subjected to this for over three years now.

    Eric’s Answer

    New York does not have a civil cause of action for harassment.

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  • I may have a warrant for open container in NY. How to handle this ?

    If I go to Court to pay the fine what kind of judgment will it be ? It will be bigger trial than the first one I couldn't attend to (couple of weeks ago) ? The judge will be less indulgent ? Additional fees ? Is a warrant subject to record ? I mea...

    Eric’s Answer

    If you failed to appear it is pretty certain you have a bench warrant. No additional fees should result.

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