Eric Edward Rothstein’s Answers

Eric Edward Rothstein

New York Criminal Defense Attorney.

Contributor Level 20
  1. I want to know if my husband has a lawsuit

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Michael J Palumbo
    3. Maria C. Tebano
    4. Lawrence Allen Weinreich
    5. Jeffrey Bruce Gold
    6. ···
    9 lawyer answers

    I have handled cases like this before... there are 2 possible legal theories. 1) did Riker's have notice that the other inmate had violent propensities? Did your husband complain about him before the attack? Had the person assaulted others before the attack? 2) The second, and harder theory, is that there was insufficient security. Your husband needs to serve a Notice of Claim on the City of New York within 90 days of the incident in order to preserve his right to sue.

    12 lawyers agreed with this answer

  2. What is the punishment for fleeing a police officer in a car?

    Answered almost 2 years ago.

    1. Scott Evan Gross
    2. Joseph A Lo Piccolo
    3. Michael J Palumbo
    4. Eric Edward Rothstein
    5. Christopher Irvin Simser
    6. ···
    6 lawyer answers

    There is no charge for fleeing a police officer. However, you could be charged with reckless driving or reckless endangerment. There is a VTL charge for failing to obey a police officer.

    12 lawyers agreed with this answer

  3. Is it necessary for me to pay my doctors to testify at hearing or are they subpoenad.

    Answered almost 2 years ago.

    1. Joseph A Lo Piccolo
    2. Eric Edward Rothstein
    3. Jay K Goldberg
    4. David J. McCormick
    5. Yefim Rubinov
    6. ···
    12 lawyer answers

    You can subpoena the doctor (and pay the subpoena fee) and elicit fact testimony. However, you cannot force a doctor to give expert testimony without paying an expert fee. The rule of thumb is that you never want to have to subpoena your own doctor.

    12 lawyers agreed with this answer

  4. When alleging respondeat superior for torts in New York, do you put respondeat superior as it's own cause of action?

    Answered 11 months ago.

    1. Eric Edward Rothstein
    2. Jeffrey Ira Schwimmer
    3. Michael R Varble, Esq.
    4. Christian K. Lassen II
    5. Michael J Palumbo
    6. ···
    6 lawyer answers

    It is not a seperate casuse of action.

    Selected as best answer

  5. How to research a Doctors backround for medical malpractice in NY?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Garret Patrick Rooney
    3. Christian K. Lassen II
    4. Gerald Michael Oginski
    5. Joseph Gerard Dell
    5 lawyer answers

    You can get some info here: http://www.nydoctorprofile.com/welcome.jsp However, it is not comlete as not all medical malpractiec settlements are reported. You can also try the Office of Court Administration web site and see of the doctors have been parties to lawsuits. http://iapps.courts.state.ny.us/webcivil/FCASMain

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  6. Hello, lawyers. Thanks for reading this. I believe I have a case of medical malpractice. Please help me. Thanks.

    Answered 9 months ago.

    1. Brian C. Pascale
    2. Richard S. Jaffe
    3. David Ian Schoen
    4. Josh P Tolin
    5. Eric Edward Rothstein
    6. ···
    10 lawyer answers

    You do not have a medical malpractice case unless - at minimum - the delay in diagnosis made a difference. Would your treatment have been the same? Why do you think you contracted it at the gym? The gym could be liable if it had notice.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Tuesday 15, 2013, around 1:45pm I entered target store at 225 streets Bronx NY with my wife and my 5 month old baby boy. We had

    Answered 11 months ago.

    1. Eric Edward Rothstein
    2. Charles Welling O'Donnell
    3. Daniel Nelson Deasy
    4. Christian K. Lassen II
    5. Michael R Varble, Esq.
    6. ···
    6 lawyer answers

    If you were arrested I suggest you retain a good criminal defense lawyer. We can't solicit you but you can contact us. The Bronx DA can be harder on these cases than other counties.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Do DWI offenses go by arrest or conviction?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Christopher Irvin Simser
    3. Terri Beth Kalker
    4. Marco Caviglia
    5. John C Nelson
    6. ···
    7 lawyer answers

    The DWAI will appear on your RAP sheet (criminal history) so the DA will take it into consideration. It is highly unlikely that the DA will offer you another DWAI. Perhaps a program is in order and something the DA will consider. Hire a really good lawyer.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I sue Starbucks for putting a table at an uneven tile, so my large coffee dropped in my lap when the table tilted?

    Answered 9 months ago.

    1. Eric Edward Rothstein
    2. Brian C. Pascale
    3. Christian K. Lassen II
    4. Philip Anthony Fabiano
    5. John Michael Phillips
    6. ···
    8 lawyer answers

    There is potential liability. It depends on whether Starbucks had actual or constructive notice of the uneven tile and what the height differential was. Whether to pursue a case will likely depend on how the burns heal and whether you end up with permanent scarring.

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  10. 16 years of separation my husband files for divorce. He says I must sign and there isn't anything to agree on. Is he right?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Jean M. Mahserjian
    3. Susan Kathleen Duke
    4. Maria C. Tebano
    5. Morghan L Richardson
    6. ···
    9 lawyer answers

    Signing without having a lawyer review the document would be a big mistake. Look for legal services organzizations or law school legal clinics to see if they handle matrimonial cases.

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