Preview
FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 02/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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STEWART TITLE INSURANCE COMPANY, Index No.: 60634/2019
Plaintiff, NOTICE OF ENTRY
- against -
CASTLE TITLE INSURANCE AGENCY, INC. and
RONALD J. RAUSCHENBACH, ESQ.,
Defendants.
___________________________________________________________________Ç
PLEASE TAKE NOTICE that the attached is a true copy of a Contempt
Order made in this action by the Honorable Linda S. Jamieson, J.S.C., filed and entered
in the Westchester County Clerk's office on February 14, 2023.
Dated: Garden City, New York
February 15, 2023
SHERWOOD & TRUITT LAW GROUP, LLC
By:
Robyn M. Fearon
Attorneys for Plaintiff
Stewart Title Insurance Company
300 Garden City Plaza, Suite 136
Garden City, New York 11530
(516) 408-7030
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FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 02/15/2023
TO: Ronald J. Rauschenbach, Esq.
22 Acacia Drive
Hopewell Junction, New York 12533
Ronald J. Rauschenbach, Esq
C/o Castle Title Insurance Agency, Inc.
297 Knollwood Road, Suite 203
White Plains, New York 10607
Ronald J. Rauschenbach, Esq
C/o Castle Title Insurance Agency, Inc.
297 Knollwood Road, Suite 103
White Plains, New York 10607
Castle Title Insurance Agency, Inc.
297 Knollwood Road, Suite 203
White Plains, New York 10607
Castle Title Insurance Agency, Inc.
297 Knollwood Road, Suite 103
White Plains, New York 10607
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FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019
NYSCEF DOC. NO. 137 RECEIVED
INDEX NYSCEF:
NO.
02/15/2023
60634/2019
EŠLED : WESTCHESTER COUNTY CLERK 02 /14 / 2023 11: 09 AM|
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
________.._________________________________________________________Ç
STEWART TITLE INSURANCE COMPANY,
Plaintiff, Index No. 60634/2019
- against - CONTEMPT ORDER
CASTLE TITLE INSURANCE AGENCY, INC. and
RONALD J. RAUSCHENBACH, ESQ.,
Defendants.
...____________..__________.._________________....----....__Ç
Whereas Honorable Linda S. Jamieson J.S.C. having issued a Decision and
Order, dated August 1, 2022 (the "2022 Order"), requiring Defendant RONALD J.
RAUSCHENBACH, ESQ. ("Rauschenbach") to (a) deposit the $104,722.02 he removed
from his IOLA Fund Attorney Trust Acet. 4422 (the "IOLA Account") back into his
IOLA Account, (b) pay STEWART TITLE INSURANCE COMPANY ("Stewart")
$7,000 per month towards the July 20, 2020 judgment issued in favor of Stewart against
CASTLE TITLE INSURANCE AGENCY, INC. ("Castle") and Rauschenbach in the
amount of $1,067,956.39 (the "Judgment"), and (c) answer the information subpoenas on
behalf of himself and Castle.; and
Whereas Rauschenbach having failed to (a) deposit the $104,722.02 he
removed from his IOLA Account back into his IOLA Account, (b) pay Stewart $7,000
per month towards the Judgment coltunencing on September 24, 2022, and (c) answer the
information subpoenas on behalf of himself and Castle;
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FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019
NYSCEF DOC. NO. 137 RECEIVED
INDEX
NYSCEF:
NO.
02/15/2023
60634/2019
FILED : WESTCHESTER COUNTY CLERK 4 3 :
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/14/2023
NOW, on motion of SHERWOOD & TRUITT LAW GROUP, LLC,
attorneys for Plaintiff Stewart seeking an order holding Rauschenbach guilty of civil
contempt of court and related relief, it is:
without opposition, despite proper
service,
ORDERED that the motion is granted to the extent set forth below/; and it is
further
ORDERED AND ADJUDGED that Rauschenbach is guilty of civil
contempt of court for his violation of the 2022 Order for failing to (a) deposit the
$104,722.02 he removed from his IOLA Account back into his IOLA Account, (b) pay
Stewart $7,000 per month towards the Judgment commencing on September 24, 2022,
and (c) answer the information subpoenas served upon him and Castle on behalf of
himself and Castle; and it is further
ORDERED AND AD JUDGED that said civil contempt was calculated to
and did actually defeat, impair, impede and prejudice the rights of Stewart; and it is
further
ORDERED that for his civil contempt and pursuant to Judiciary Law § 773
Rauschenbach is fined in the amount of $38,000 representing $7,000 per
month commencing on September 24, 2022 plus sosts-and-enpenses-ineluding attorney's
fees of-at-least $10,000 for the actual loss Stewart suffered because of Rauschenbach's
failure to comply with the 2022 Order and the restraining notices; and it is further
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FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019
NYSCEF DOC. NO. 137 RECEIVED
INDEX NYSCEF:
NO.
02/15/2023
60634/2019
FILED : WESTCHESTER COUNTY CLERK 14 3 :
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/14/2023
ORDERED that Rauschenbach will be purged of his civil contempt if, by
15 days after the personal service of this Contempt Order
no than p.m.-en date which is / all of the following: deposits
later 1:00 , he does (a)
the $104,722.02 he removed from his IOLA Account back into his IOLA Account, (b)
answers the information subpoenas on behalf of himself and Casne, and (c) pays the
Court-ordered fine in the amount of $38,000 ; and it is further
ORDERED that Rauschenbach shall appear before this Court on the
March 9, 2023 at
2 pm at 93tTm. to offer proof that he has purged himself of
fuftowingtty
this civil contempt as set forth above; and it is further
ORDERED that if Rauschenbach fails to purge himself of this civil
2 pm on
contempt as set forth above, then at 9·90-am-on-that-same-day March 9, 2023 he shall be
committed to the custody of the Westchester County Commissioner of Corrections to be
incarcerated at the Westchester County Jail until he has offered proof to this Court that he
has fully satisfied the purge conditions as set forth above; and it is further
ORDERED if Rauschenbach fails to appear before the Court at 980 2 pm
that
-a-m. on March 9, 2023 , a bench warrant shall be issued for his arrest.
The foregoing shall constitute the decision and order of the Court.
E N T E R
Linda S. Jamieson, J.S.C.
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FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 02/15/2023
Index No. 60634/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
STEWART TITLE INSURANCE COMPANY,
Plaintiff,
- against -
CASTLE TITLE INSURANCE AGENCY, INC. and
RONALD J. RAUSCHENBACH, ESQ.,
Defendants.
NOTICE OF ENTRY
SHERWOOD & TRUITT LAW GROUP, LLC
Attorneys for Plaintiff
Stewart Title Insurance Company
300 Garden City Plaza, Suite 136
Garden City, New York 11530
(516) 408-7030
To:
Attorney for
Service of a copy of the within
is hereby admitted.
Dated:
Attorney for
6 of 6
Preview
FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 02/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -------------------------------------------------------------------X STEWART TITLE INSURANCE COMPANY, Index No.: 60634/2019 Plaintiff, NOTICE OF ENTRY - against - CASTLE TITLE INSURANCE AGENCY, INC. and RONALD J. RAUSCHENBACH, ESQ., Defendants. ___________________________________________________________________Ç PLEASE TAKE NOTICE that the attached is a true copy of a Contempt Order made in this action by the Honorable Linda S. Jamieson, J.S.C., filed and entered in the Westchester County Clerk's office on February 14, 2023. Dated: Garden City, New York February 15, 2023 SHERWOOD & TRUITT LAW GROUP, LLC By: Robyn M. Fearon Attorneys for Plaintiff Stewart Title Insurance Company 300 Garden City Plaza, Suite 136 Garden City, New York 11530 (516) 408-7030 1 of 6 FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 02/15/2023 TO: Ronald J. Rauschenbach, Esq. 22 Acacia Drive Hopewell Junction, New York 12533 Ronald J. Rauschenbach, Esq C/o Castle Title Insurance Agency, Inc. 297 Knollwood Road, Suite 203 White Plains, New York 10607 Ronald J. Rauschenbach, Esq C/o Castle Title Insurance Agency, Inc. 297 Knollwood Road, Suite 103 White Plains, New York 10607 Castle Title Insurance Agency, Inc. 297 Knollwood Road, Suite 203 White Plains, New York 10607 Castle Title Insurance Agency, Inc. 297 Knollwood Road, Suite 103 White Plains, New York 10607 2 2 of 6 FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019 NYSCEF DOC. NO. 137 RECEIVED INDEX NYSCEF: NO. 02/15/2023 60634/2019 EŠLED : WESTCHESTER COUNTY CLERK 02 /14 / 2023 11: 09 AM| NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ________.._________________________________________________________Ç STEWART TITLE INSURANCE COMPANY, Plaintiff, Index No. 60634/2019 - against - CONTEMPT ORDER CASTLE TITLE INSURANCE AGENCY, INC. and RONALD J. RAUSCHENBACH, ESQ., Defendants. ...____________..__________.._________________....----....__Ç Whereas Honorable Linda S. Jamieson J.S.C. having issued a Decision and Order, dated August 1, 2022 (the "2022 Order"), requiring Defendant RONALD J. RAUSCHENBACH, ESQ. ("Rauschenbach") to (a) deposit the $104,722.02 he removed from his IOLA Fund Attorney Trust Acet. 4422 (the "IOLA Account") back into his IOLA Account, (b) pay STEWART TITLE INSURANCE COMPANY ("Stewart") $7,000 per month towards the July 20, 2020 judgment issued in favor of Stewart against CASTLE TITLE INSURANCE AGENCY, INC. ("Castle") and Rauschenbach in the amount of $1,067,956.39 (the "Judgment"), and (c) answer the information subpoenas on behalf of himself and Castle.; and Whereas Rauschenbach having failed to (a) deposit the $104,722.02 he removed from his IOLA Account back into his IOLA Account, (b) pay Stewart $7,000 per month towards the Judgment coltunencing on September 24, 2022, and (c) answer the information subpoenas on behalf of himself and Castle; 1 of 3 3 of 6 FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019 NYSCEF DOC. NO. 137 RECEIVED INDEX NYSCEF: NO. 02/15/2023 60634/2019 FILED : WESTCHESTER COUNTY CLERK 4 3 : NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/14/2023 NOW, on motion of SHERWOOD & TRUITT LAW GROUP, LLC, attorneys for Plaintiff Stewart seeking an order holding Rauschenbach guilty of civil contempt of court and related relief, it is: without opposition, despite proper service, ORDERED that the motion is granted to the extent set forth below/; and it is further ORDERED AND ADJUDGED that Rauschenbach is guilty of civil contempt of court for his violation of the 2022 Order for failing to (a) deposit the $104,722.02 he removed from his IOLA Account back into his IOLA Account, (b) pay Stewart $7,000 per month towards the Judgment commencing on September 24, 2022, and (c) answer the information subpoenas served upon him and Castle on behalf of himself and Castle; and it is further ORDERED AND AD JUDGED that said civil contempt was calculated to and did actually defeat, impair, impede and prejudice the rights of Stewart; and it is further ORDERED that for his civil contempt and pursuant to Judiciary Law § 773 Rauschenbach is fined in the amount of $38,000 representing $7,000 per month commencing on September 24, 2022 plus sosts-and-enpenses-ineluding attorney's fees of-at-least $10,000 for the actual loss Stewart suffered because of Rauschenbach's failure to comply with the 2022 Order and the restraining notices; and it is further 2 2 of 3 4 of 6 FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019 NYSCEF DOC. NO. 137 RECEIVED INDEX NYSCEF: NO. 02/15/2023 60634/2019 FILED : WESTCHESTER COUNTY CLERK 14 3 : NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/14/2023 ORDERED that Rauschenbach will be purged of his civil contempt if, by 15 days after the personal service of this Contempt Order no than p.m.-en date which is / all of the following: deposits later 1:00 , he does (a) the $104,722.02 he removed from his IOLA Account back into his IOLA Account, (b) answers the information subpoenas on behalf of himself and Casne, and (c) pays the Court-ordered fine in the amount of $38,000 ; and it is further ORDERED that Rauschenbach shall appear before this Court on the March 9, 2023 at 2 pm at 93tTm. to offer proof that he has purged himself of fuftowingtty this civil contempt as set forth above; and it is further ORDERED that if Rauschenbach fails to purge himself of this civil 2 pm on contempt as set forth above, then at 9·90-am-on-that-same-day March 9, 2023 he shall be committed to the custody of the Westchester County Commissioner of Corrections to be incarcerated at the Westchester County Jail until he has offered proof to this Court that he has fully satisfied the purge conditions as set forth above; and it is further ORDERED if Rauschenbach fails to appear before the Court at 980 2 pm that -a-m. on March 9, 2023 , a bench warrant shall be issued for his arrest. The foregoing shall constitute the decision and order of the Court. E N T E R Linda S. Jamieson, J.S.C. 3 3 of 3 5 of 6 FILED: WESTCHESTER COUNTY CLERK 02/15/2023 05:05 PM INDEX NO. 60634/2019 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 02/15/2023 Index No. 60634/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER STEWART TITLE INSURANCE COMPANY, Plaintiff, - against - CASTLE TITLE INSURANCE AGENCY, INC. and RONALD J. RAUSCHENBACH, ESQ., Defendants. NOTICE OF ENTRY SHERWOOD & TRUITT LAW GROUP, LLC Attorneys for Plaintiff Stewart Title Insurance Company 300 Garden City Plaza, Suite 136 Garden City, New York 11530 (516) 408-7030 To: Attorney for Service of a copy of the within is hereby admitted. Dated: Attorney for 6 of 6