Attorney Eric Edward Rothstein's Legal Cases

Criminal defense

Not Guilty Verdict In Rape and Sexual Abuse Case

Mar 09, 2023

OUTCOME:

The client’s ex-girlfriend accused him of a series of crimes that allegedly occurred during the two months they dated in high school including rape, sexual abuse, assault, choking, and secretly recordi ... ng her performing oral sex on him. The DA had no corroborating evidence and Mr. Rothstein was able to show that young woman made numerous inconsistent statements while also using photographs and messages the DA recovered from her phone to show a happy couple. Significantly, the woman did not go to the police for seven months after the breakup and then only because she fell for a phishing scam that gave the hackers access to her Snapchat account. The woman alleged that she was staying in the relationship because she was scared of what the client might do if she left him, but Mr. Rothstein used her messages to him asking for a second chance when he was breaking up with her. The notes that the jury sent during their deliberations suggested that they were focused on the woman’s inconsistencies, as Mr. Rothstein urged them to do in his summation, and they found the client not guilty of all seven charges.

Personal injury

$600,000 Settlement In Loss of Sepulcher Case

Jan 31, 2023

OUTCOME:

The clients’ mother’s casket got struck while being lowered at the cemetery and the employees then treated it roughly while trying to raise it back up, damaging it and causing it to open. As soon as t ... he cemetery filed its Answer, Mr. Rothstein successfully moved for summary judgment on liability thereby starting interest accruing. At the conclusion of depositions, Mr. Rothstein gave the carrier two weeks to pay his settlement demand or he would withdraw it and take a verdict. Faced with a damages only case in Bronx County with interest accruing, the carrier gave in and paid.

Personal injury

$300,000 Settlement In Loss of Sepulcher Case

Jan 11, 2023

OUTCOME:

A funeral home claimed the clients’ deceased relative from the Medical Examiner’s Office and embalmed the remains without authority. The embalming job was poor resulting in the need to have a closed ca ... sket funeral. Although the funeral home alleged that it had oral authority and that the embalming was proper, the case settled in a mediation for $300,000.

Personal injury

$150,000 Settlement In Loss of Sepulcher Case

Nov 23, 2022

OUTCOME:

The client’s baby died in a hospital two hours after birth. Following the funeral and cremation, the funeral home delivered the ashes of the wrong child to the client. During a pre-lawsuit mediation ... , the defendant’s insurance company settled the case for $150,000.

Personal injury

Six-Figure Settlement In Premises Case Settles At Mediation

Nov 02, 2022

OUTCOME:

The client tripped and fell over a hose when a building worker pulled out the slack just as he was walking by causing a non-surgical fractured wrist, and injuries to his back, knees, and arms. Mr. Rot ... hstein obtained summary judgment in May 2019, so almost 33 percent interest had already accrued, which created pressure on the insurance carrier to settle. With the assistance of a mediator, Mr. Rothstein negotiated a six-figure settlement for the client.

Personal injury

City Settles False Arrest and Detention Case For $200,000

Oct 24, 2022

OUTCOME:

In 1994, the police in Manhattan arrested someone with the same name as the client for possessing drugs with the intent to sell. When the person failed to return to court, a Judge issued a warrant for ... his arrest. In 2011, the Sheriff in Albany arrested the client on a local charge and the NYPD picked him up on the warrant. After driving him to Manhattan, the NYPD realized he was not the person named in the warrant and drove him back. The NYPD made the same mistake in 2017. This time, the client was held in jail for parts of 6 days before he finally saw a judge and was released. The DA eventually moved to dismiss the case. After fighting the case for years, and even refusing to admit that the client was not the person named in the warrant despite a negative fingerprint report, the City raised its offer from $40,000 to $150,000 in a matter of minutes rather than produce its retired detective, who did not remember anything about the case, which was good for my client. I kept pushing the City to pay my $200,000 settlement demand, which it finally did after realizing that I was not going to accept a penny lower.

Personal injury

Trial Verdict In Motor Vehicle Accident Case

Jul 11, 2016

OUTCOME: Plaintiff's verdict

The client was injured when he stopped for an ambulance and then was struck in the rear by another car. Early in the case Mr. Rothstein obtained summary judgment against the other car and the matter pr ... oceeded on damages only. The client had herniated and bulging discs and is still treating 4+ years after the accident. Nevertheless, the defendants’ insurance company offered only $4,000 to settle and so the case went to trial on damages. During the trial, Mr. Rothstein called the client, the DO/PMR doctor who treated him for 9 months following the accident and the chiropractor who has treated him since. The defense called the orthopedic surgeon who examined him and a radiologist. Armed with numerous transcripts of the defense doctors’ testimony in prior cases Mr. Rothstein showed that they were not credible given the amount of money they earn from testifying for defense lawyers. In addition, Mr. Rothstein elicited many favorable concessions from these doctors. After a one-week trial the jury returned a verdict that included $11,000+ in lost wages, $25,000 in past pain and suffering, $200,000 in future pain and suffering and some out of pocket expenses for an approximate total of $265,000.

Criminal defense

Criminal Conviction reversed

Jun 29, 2016

OUTCOME: Reversal

Represented by a public defender, the client was convicted after trial of sexual abuse in the first degree and endangering the welfare of a child. In reading the transcript, Mr. Rothstein noticed that ... the prosecutor cross-examined the client about a statement that he allegedly made to his lawyer that made him look guilty, which was a clear violation of the attorney-client privilege. However, the trial lawyer failed to preserve the issue for appeal and actually argued that the DA lacked a good faith basis to ask the question rather than arguing the privilege. Mr. Rothstein convinced the appellate court to exercise its interest of justice power to consider the issue. The Court then agreed there was a violation and, because the evidence was not overwhelming, the Court reversed the conviction and ordered a new trial. This is a great result for the client who is incarcerated due to the conviction.

Personal injury

6-Figure Settlement For Teen Who Caused Fire

Jan 11, 2013

OUTCOME: Settlement

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 kit ... chen, 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.

Criminal defense

Not guilty is robbery case

Jan 09, 2013

OUTCOME: Not Guilty Verdict

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. Rothste ... in'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.

Eric Edward Rothstein's Legal Cases (17)

Not Guilty Verdict In Rape and Sexual Abuse Case

$600,000 Settlement In Loss of Sepulcher Case

$300,000 Settlement In Loss of Sepulcher Case

$150,000 Settlement In Loss of Sepulcher Case

Six-Figure Settlement In Premises Case Settles At Mediation

City Settles False Arrest and Detention Case For $200,000

Trial Verdict In Motor Vehicle Accident Case

Criminal Conviction reversed

6-Figure Settlement For Teen Who Caused Fire

Not guilty is robbery case