Success Stories

Recent News & Verdicts
  • License Reinstated
    A Driver’s License and a Career Saved

    Gary was referred to Attorney Steven Epstein because of his reputation for being a highly skilled and experienced DWI/DUI attorney. He was told Steven Epstein was the “DWI Guru.” The case result was important to Gary so he wanted the best DWI defense he could get.

    Steve Epstein and his team, including expert witnesses, went to work defending Gary. The prosecutor and the court offered Gary a plea bargain, but Gary believed in his innocence and any plea would have cost Gary his driver's license and his job.

    Gary made the correct decision. After defending Gary at his pre-trial suppression hearing the court granted our motion to suppress evidence in his case, including his refusal to take a breath test and the standardized field sobriety tests (SFST).

    Steven Epstein was able to establish through his cross-examination that the State Troopers did not do the testing correctly and they violated his right to counsel.

    Gary is doing well these days. His driver's license was reinstated and his career was saved.

  • Case Dismissed
    A Victory for Justice: Challenging False Police Stop - Criminal Defense & Civil Rights Case

    Our client, John, approached Steven Epstein, furious about a baseless police stop that occurred on a New York City street. The police claimed John's headlights were out late at night, which he vehemently denied. Steven explained to John that if the headlights being off was indeed false, they could suppress all the evidence in the case. John insisted on his innocence, and Steven believed him.

    Conducting an immediate investigation in his office, Steven utilized Google Earth, a tool frequently used with clients, to analyze the stop and arrest location. Astonishingly, just one block before the stop, there was a bank—a bank with a street level ATM equipped with video surveillance capturing customer activities. To strengthen their case, Steven subpoenaed the bank's footage from the night of John's arrest, revealing undeniable evidence: the police officer's marked blue and white car, with emergency lights on, following John's car—with his headlights ON!

    Making a copy of the recording, Steven submitted it to the District Attorney (DA) and demanded justice. However, a divergence emerged between Steven's view of justice and the DA's perspective. The DA sought a reduced charge plea from John, but Steven vehemently opposed this resolution. He firmly believed that the police should not be allowed to lie without facing repercussions, emphasizing the importance of trust in law enforcement.

    As a result of Steven's relentless efforts, John's case was ultimately dismissed—a remarkable victory for justice in this criminal defense and civil rights case. The successful defense not only challenged the false police stop but also upheld the principles of civil rights, ensuring that the police are accountable for their actions.

  • Motion From Insurance Company Rejected
    Alexander Klein Defeats Motion by Insurance Company Addressing Potential Liability for Deception in Policies

    Working on behalf of a local auto body shop, Alexander Klein has brought litigation against one of the largest automobile insurance companies in the nation. A central claim in the case is that the insurance company grossly and systemically underpays consumers when they take their cars into a body shop for repairs after an accident. While promising to cover these consumers for all reasonable expenses based upon prevailing competitive prices, the suit alleges that the carrier uses its market power to suppress the market prices that are “prevailing.” In turn, the carrier then uses the suppressed “prevailing” price to refuse coverage beyond those artificial limits—often leaving consumers with bills to body shops that ought to have been paid by the insurance company.

    The insurance company filed a motion seeking to dismiss this claim on the basis that, in its view, this conduct would not amount to deceptive business practices under New York’s General Business Law. That argument was firmly rejected on October 18, 2023, with the Supreme Court of the State of New York agreed with Klein’s arguments and allowed the claim to proceed into discovery.

    This litigation remains ongoing.

    Related Document

  • Matter of P.C. v. Stony Brook University

    Donna Aldea and Alexander Klein Win Article 78 Appeal Against University in Title IX Case.

    Our client, a Stony Brook University student with a bright future, had his life upended and job prospects destroyed when he was unfairly accused of sexual misconduct for engaging in consensual sexual relations with another student after both had been drinking. Suspended from school, with his academic record tarnished, he turned to us for help. Represented by Appellate Litigation Partner Donna Aldea and Civil Litigation Partner Alexander Klein, our client obtained a decisive victory against the University, with the court annulling the school’s determination, vacating all penalties, dismissing all charges, and ordering the school to expunge all references to the disciplinary action from his academic record.

    This decision, rendered by the Appellate Division, Second Department – which encompasses 10 counties in its jurisdiction -- Queens, Brooklyn, Staten Island, Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Dutchess – not only profoundly impacted the life and future of our client, but is also published appellate precedent that will influence and shape the course of Title IX litigation throughout the state.

  • Case Settled
    Champions of Change

    When Mr. Parker came to us, he was incarcerated at Nassau County Correctional Facility, where he had just been slashed by a razor-blade across the face by another inmate—requiring more than 200 stitches to stop the flow of blood. He had a criminal record, refused to identify his attackers, and was simply one of many victims of the senseless violence that permeates our state and local jails.

    When Alexander Klein took over the civil rights case, he used it as an opportunity to make it about more than just one incident. He used it to target the Nassau County Correctional Facility itself. In the process, he obtained and studied more than a thousand pages of records related to the facility, and he deposed scores of agents inside the facility including guards, corporals, lieutenants, and policymakers. And after several years he built a case that the jail was not just managed poorly, but designed with such obvious recklessness for the safety of prisoners that it represented a violation of the Due Process rights of the incarcerated individuals housed there.

    On the doorstep of trial, the County settled with Mr. Parker in a resolution that involved the payment of hundreds of thousands of dollars. Mr. Parker had met Alexander as a voiceless victim of jail, and he parted years later as a champion of change.

  • Favorable Decision
    Commercial Group Secures Favorable Decision in New York County Supreme Court

    Led by Alexander Klein, the Commercial Group at BEKAL represents a rising New York restaurateur who seeks damages in connection with the purchase of a restaurant on the Upper East Side of Manhattan. On Thursday, October 12, 2023, BEKAL secured a favorable decision for its client before Justice Louis Nock, who denied a dismissal-motion by the seller-entity on all contested grounds.

    While on a micro level the decision concerns the meaning and details of an Asset Sale Agreement, on a macro level the decision reinforces the importance of language and structure in commercial contracts, the protections that can be afforded to corporate purchasers, and the limits to a seller’s ability to use “as is” provisions to harm the rights of buyers.

    This litigation remains pending and the parties continue to dispute liability and entitlement to damages. Nevertheless, Justice Nock’s decision reflects an early step in a positive direction for BEKAL’s client.

    Donna Aldea and Matthew Keller Vindicate Client’s Fundamental Right to a Fair Trial, Reversing Unconstitutional Sex Abuse Conviction

    Our client was released from a 10-year prison sentence following a decisive victory by Appellate Litigation Partner Donna Aldea and Associate Attorney Matthew Keller, who convinced a four-judge panel of the New York State Supreme Court’s Appellate Division that our client’s constitutional rights had been violated, thereby securing a unanimous vote from all four judges to overturn his sex abuse conviction.

    Among other issues, the appeal successfully argued that the trial judge’s preclusion of a defense rebuttal witness amounted to an unconstitutional deprivation of our client’s right to a fair trial. The unanimous decision from the Appellate Division, Second Department – which encompasses 10 counties in its jurisdiction -- Queens, Brooklyn, Staten Island, Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Dutchess – not only had a profound impact on our client and his family, but is also published appellate precedent that will influence future criminal cases throughout the state.

    Donna Aldea Obtains Landmark Victory in New York’s Highest Court Redefining the Breadth of New York’s Rape Shield Law and Overruling Prior Precedent of Intermediate Appellate Court for 10 New York Counties

    Donna Aldea, who heads the Appellate and Post-Conviction Litigation group at BEKAL, secured a tremendous victory in the Court of Appeals, not only obtaining a reversal of our client’s sexual assault conviction, but also persuading the state’s highest court to examine and redefine the breath of New York’s Rape Shield Law to bring it in line with criminal defendants’ fundamental constitutional rights to present a defense and to due process of law.

    Containing a substantial and detailed discussion of the purpose and application of New York’s Rape Shield Law, and significantly redefining its contours, the Court of Appeals’ decision in this case overruled prior appellate case law on this issue from the Appellate Division, Second Department -- which encompasses Queens, Brooklyn, Staten Island, Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, and Dutchess Counties -- underscoring the state-wide significance of this decision and the far-reaching impact it will have on sexual abuse cases in the future.

  • Not Guilty Verdict

    Renowned DWI attorney Steven Epstein achieved a significant legal triumph in Nassau County, securing a not guilty verdict on all charges for our client who faced a DWI charge.

    Our client was charged with a DWI in Nassau County after being arrested by a New York State Trooper and providing a breath sample that resulted in a measured BAC of .13, nearly twice the legal limit. Steven Epstein, one of the most respected DWI attorneys in New York and nationally, won a not guilty verdict on all charges after a jury trial. His ability to attack the science and the trial skills he has mastered after 31 years and over 100 jury trials contributed to this client’s victory. Mr. Epstein has won acquittals in each of his three jury trials this year.

    DWI in Brooklyn
    John was arrested for a DWI in Brooklyn and after his arrest, he refused a breath test. His career as a crane operator was in jeopardy. We were successful in challenging the discovery and getting the Court to agree to dismiss the case. We then appeared at the Department of Motor Vehicles refusal hearing and the court granted our motion to dismiss based on a lack of sufficient evidence to sustain the refusal. John and his wife are thrilled. DWI charge dismissed, refusal case closed, no convictions, no loss of license. I told them good things happen to good people, they replied that good things happen to people who hire us.
  • Broderick Wins Fatality Hearing
    Fatal Motor Vehicle Accident

    Our associate attorney, Victoria Broderick, recently won a fatality hearing in which the Department of Motor Vehicles investigated the circumstances of a fatal motor vehicle accident and whether the client’s license and driving privileges should be suspended or revoked.

    To suspend or revoke the client’s license, the judge had to determine that the client violated any provision of the Vehicle and Traffic Law or operated his motor vehicle with gross negligence or in a manner showing reckless disregard for the life or property of others.

    While recognizing the emotions of the tragic accident during which the client’s vehicle hit a pedestrian crossing the parkway at dawn, resulting in the pedestrian’s death, Ms. Broderick argued that of all the potential hazards that might exist on that parkway, a pedestrian crossing the road is not one of them. Our client credibly testified that it was not his conduct that caused or contributed to the accident and that he was driving within the posted speed limit.

    After considering the client’s testimony, the investigating police officer’s testimony, and other documentary evidence, the judge determined that the evidence was insufficient to warrant a suspension or revocation of the client’s license.

  • Case Dismissed
    Landmark Victory: Klein Defends Public Company in Debt Dispute, Secures Unfettered Win

    Our firm was hired by a publicly traded company to defend it against an emergency motion filed in the Delaware Court of Chancery. The public company had gotten sued for a multi-million dollar debt that was allegedly unpaid, and, without immediate action, would suffer the loss of millions of dollars in company ownership. Before Alexander Klein took over their case from a prior attorney, in fact, the new client had already made an offer to settle the case for nearly $3 million, which the plaintiff had rejected.

    Upon being hired, Alexander Klein took immediate steps to get admitted in the State of Delaware pro hac vice, reviewed the entire case file, and developed a litigation strategy to not only pull out of settlement negotiations but to attack the legitimacy of the debt altogether. Within days he prepared extensive motion papers on the subject, appeared before the Court of Chancery in Delaware for an extensive oral argument, and achieved an unfettered win. The motion brought against our firm’s client was denied, and based upon the substance of the arguments Klein soon thereafter achieved a stipulation dismissing the action altogether.

    This litigation was but one example of the responsiveness, creativity, and tenacity of the firm’s commercial litigation unit, whose successes reach beyond the borders of the State of New York.