Rothstein Law PLLC

District Court affirms Bankruptcy Court Judge’s post-trial decision that the debtor’s judgment following an assault is not dischargeable. Both decisions relied heavily on the admissions that I got from the debtor on my cross examination.

Ditsorderly Conduct (a violation, not a crime) for a client accused of underreporting his payroll to his workers’ compensation insurance carrier by nearly $320,000 with restitution significantly less than owed and a no arrest/prosecution agreement for his wife.

Illegal possession of ammunition case dismissed based on appellate decision showing that the complaint was legally insufficient.

$405,000 for two people hit-in-the rear on a New Jersey highway.

Me after I defeat defense counsel’s motion to dismiss!

Me when defense counsel says my settlement demand is too high.

The jury forewoman after my last summation! 😀

$165,000 Settlement For Non-Surgical Patella Fracture.

The client slipped and fell on a freshly mopped floor near the entrance of a big box store because the worker failed to either dry the floor or place warning signs. After defeating the defendant’s motion to dismiss and filing a successful motion to remand the case to State court after the store removed the case to federal court, the store realized it needed to pay and started to negotiate in good faith.

Happy Bobby Bonilla Day to all who celebrate! ⚾️

After a long and contentious mediation, Rothstein Law settled a legal malpractice case for two clients.

Big win today in a loss of sepulcher case. One or both defendants (a funeral home and a cemetery) botched the decedent’s funeral by opening the wrong crypt, in the wrong building, thereby delaying the service for over an hour. The defendants moved for summary judgment arguing that there was no case because they did not mishandle the remains or deny the clients the immediate possession of the body. In opposition, I argued that a loss of sepulcher also includes interference with the right to find comfort and solace in the ritual of burial. The Judge agreed and the case will go to trial.

Nothing like getting a Friday afternoon email from an appreciative client! 😊

Big win in the Appellate Division for my uninsured client against a very prolific pro se litigant.

After going virtual twice, the Judge says the defendant never had a driver’s license anywhere in the U.S.

Hoping the third time is the charm and signs the revised version of this very important piece of legislation that will bring NY’s wrongful death law into modern times. Our current wrongful death statute is over 175 years old, and it is unfortunately out of step with nearly every other state because the New York’s laws prohibit grief-stricken families from recovering damages for their emotional
suffering from the death of their loved one.

There is more to this story. I’ve been successful in a case against a Clerk whose error landed my client in jail.

Pro tip from a criminal defense lawyer: don’t join a Zoom call with the Judge while driving when you are charged with operating a vehicle with a suspended license!

Case remanded to State court. A big win in a hard fought case.

First driver in a chain collision accident moved to dismiss claiming he was cut off. However, dash cam video showed the cutting over vehicle signaling for 11 seconds before the accident. The first driver never saw this because he testified that he only looks straight ahead. The Judge accepted my argument that the first driver failed to see what was there to be seen and denied the motion. I have never seen this doctrine applied this way before. She also granted my motion for summary judgment against two drivers.

It’s important to pay attention when you are waiting for your case to be called. I had a Saturday morning appearance on a Criminal Mischief case where the client allegedly broke a side view mirror on an Amazon truck. The DA offered a violation with a conditional discharge or an ACD with 6 anger management classes, which were reasonable given the client’s prior assault conviction. The client wanted the violation, which would have resulted in $120 court fee and the case records being open for a year. Normally, the Court Officer calls a private attorney’s case first, but not today. I got stuck behind two Legal Aid lawyers each with multiple cases. So I watched and saw that the DA was easily coming off her offers when pressed by defense counsel or the Judge. I then asked the DA for a straight ACD. After some quick back and forth, she agreed and my client’s case will be dismissed in 6 months without any admission, fine, or program.

Full $100,000 policy in hit-in-rear after obtaining pre-deposition summary judgment on liability and writing two bad faith letters to the adjuster.

Nice Friday summary judgment motion win. Now the client’s deposition is limited to his damages.

Did you know we handle upstate cases too? Full policy ($100,000) pre-suit settlement in Erie County hit-in-the-rear despite pre-existing injuries. Now on to the under-insured claim!

$249,500 in a loss of sepulcher case where the funeral home released the decedent’s ashes to an unauthorized family member who spread them by the ocean, which the clients learned about via a Facebook video.

Pro tip for pro se plaintiffs: you cannot file the same claims in two different courts!

$375,000 mediated settlement for a slip and fall on a wet garage ramp in a case where the Judge ruled that the ramp was too steep as a matter of law and violated the NYC Building Code.

Pro tip: wear pants in the office!

Sketch artist’s drawing of me from my last trial (lol)!

Me telling the insurance adjuster what he can do with his lowball offer.