Preview
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/12/2022
Exhibit G
Exhibit G
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/12/2022
SUPREME
SUPREME COURT
COURT OF
OF THE
THE STATE
STATE OF NEW YORK
OF NEW YORK
COUNTY OF
COUNTY OF WESTCHESTER
WESTCHESTER
NEIL B.
NEIL B. RICE,
RICE,
Plaintiff,
Plaintiff, Index No. 61665/2021
Index No. 61665/2021
-against-
-against- Hon.
Hon. Damaris
Damaris Torrent
Torrent
LEE
LEE R.R. EINSIDLER
EINSIDLER As As Administrator
Administrator of
of Estate
Estate of
of DEFENDANT’S
DEFENDANT’S
Aaron M.
Aaron M. Einsidler,
Einsidler, SUPPLEMENTAL
SUPPLEMENTAL DEMAND
DEMAND
FOR
FOR A
A VERIFIED
VERIFIED BILL
BILL OF
OF
Defendant.
Defendant. PARTICULARS
PARTICULARS
PLEASE
PLEASE TAKE NOTICE that
TAKE NOTICE that defendant
defendant Lee
Lee R.
R. Einsidler
Einsidler As
As Administrator
Administrator of
of Estate
Estate of
of
Aaron M. Einsidler
Aaron M. Einsidler (“Defendant”),
(“Defendant”), as
as and
and for
for his
his supplemental
supplemental demand
demand for
for aa Verified
Verified Bill
Bill of
of
Particulars, demands
Particulars, demands that
that plaintiff
plaintiff Neil B. Rice
Neil B. Rice (“Plaintiff”)
(“Plaintiff”) furnish
furnish the
the following
following Supplemental
Supplemental
Verified Bill
Verified Bill of
of Particulars
Particulars as
as to
to the
the allegations
allegations in
in the
the Verified
Verified Complaint
Complaint within
within thirty
thirty (30)
(30) days,
days,
to
to the
the extent
extent the
the requested
requested information
information has
has not
not already
already been produced in
been produced in response
response to
to Defendant’s
Defendant’s
April
April 18,
18, 2022
2022 Demand
Demand for
for aa Verified
Verified Bill
Bill of
of Particulars.
Particulars.
Demand
Demand No.
No. 1:
1: A
A detailed
detailed description
description of of any
any physical
physical and/or
and/or mental
mental disease,
disease,
illness, disability,
illness, disability, injury,
injury, oror other
other condition
condition experienced
experienced or or
suffered
suffered byby Plaintiff
Plaintiff from
from January
January 1,1, 2007
2007 to
to the
the present
present that pre-
that pre-
existed and/or
existed and/or was
was not
not allegedly
allegedly caused
caused by
by his
his interactions
interactions with
with
Aaron
Aaron and/or
and/or Sara
Sara Einsidler
Einsidler (the
(the “Decedents”).
“Decedents”).
Demand
Demand No.
No. 2:
2: If
If aa disease,
disease, illness,
illness, disability,
disability, injury,
injury, or
or other
other condition
condition isis claimed
claimed
to
to have
have been
been caused,
caused, aggravated,
aggravated, accelerated,
accelerated, oror exacerbated
exacerbated by by
Decedents, specify
Decedents, specify inin detail
detail the
the nature
nature ofof each
each alleged
alleged condition
condition
and
and thethe name
name and
and present
present address
address of of each
each health
health care
care provider,
provider, ifif
any, who
any, ever provided
who ever provided treatment
treatment forfor the
the alleged
alleged condition.
condition.
Demand
Demand No.
No. 3:
3: State
State the
the name
name and present address
and present address ofof each
each physical
physical oror mental
mental
health care
health care provider
provider (including
(including health
health care
care facilities)
facilities) that
that treated
treated
Plaintiff from January 1, 2007 to the present, the dates
Plaintiff from January 1, 2007 to the present, the dates and places and places
where treatment was
where treatment was received
received during
during that
that period,
period, and
and the
the nature
nature of
of
the
the treatment.
treatment. Attach
Attach true
true copies
copies ofof all
all written reports provided
written reports provided toto
you by any
you by any such
such health
health care
care provider.
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/12/2022
PLEASE
PLEASE TAKE
TAKE FURTHER NOTICE that
FURTHER NOTICE that failure
failure to
to respond
respond to
to this
this Demand
Demand within
within thirty
thirty
(30)
(30) days
days will
will result
result in
in Defendant
Defendant seeking
seeking sanctions pursuant to
sanctions pursuant to CPLR
CPLR 3124
3124 and/or
and/or 3126,
3126,
including,
including, but
but not
not limited
limited to,
to, seeking
seeking an
an Order
Order precluding
precluding Plaintiff
Plaintiff from
from offering
offering evidence
evidence or
or
dismissing Plaintiffs Verified
dismissing Plaintiff’s Verified Complaint.
Complaint.
PLEASE
PLEASE TAKE
TAKE FURTHER NOTICE that
FURTHER NOTICE that this
this Demand
Demand shall
shall be
be deemed
deemed to
to continue
continue
during
during the
the pendency
pendency of
of this
this action,
action, including
including the
the trial
trial thereof.
thereof.
Dated:
Dated: May
May 18,
18, 2022
2022
White
White Plains, New York
Plains, New York
YANKWITT
YANKWITT LLP
LLP
By:
By:
Russell M. Yankwitt
Benjamin
Benjamin C.C. Fishman
Fishman
140
140 Grand
Grand Street,
Street, Suite
Suite 705
705
White
White Plains, New York
Plains, New York 10601
10601
Tel:
Tel: (914) 686-1500
(914) 686-1500
russell@yankwitt.com
russell@yankwitt.com
bfishman@yankwitt.com
bfishman@yankwitt.com
Attorneys for
Attorneys for Defendant
Defendant Lee
Lee R.R. Einsidler
Einsidler
TO:
TO: Steven
Steven M.M. Brunnlehrman,
Brunnlehrman, Esq. Esq.
Robert Rosman,
Robert Rosman, Esq.
Esq.
Rosman
Rosman Legal,
Legal, P.C.
P.C.
7-11 S.
7-11 S. Broadway,
Broadway, SuiteSuite 308
308
White
White Plains,
Plains, New
New York
York 10601
10601
(914) 339-9870
(914) 339-9870
steve@rosmanlegal.com
steve(@rosmanlegal.com
rob@rosmanlegal.com
rob@rosmanlegal.com
Attorneys for
Attorneys for Plaintiff
Plaintiff
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/12/2022
CERTIFICATE
CERTIFICATE OF
OF SERVICE
SERVICE
I, Diamond
I, Diamond Dorn
Dorn of
of Yankwitt
Yankwitt LLP,
LLP, hereby
hereby certify
certify that
that aa true
true and
and correct
correct copy
copy of
of the
the
foregoing
foregoing Supplemental
Supplemental Demand
Demand for
for aa Verified
Verified Bill
Bill of
of Particulars
Particulars was provided by
was provided by email
email and
and
first-class mail
first-class mail to:
to:
Steven
Steven M.M. Brunnlehrman,
Brunnlehrman, Esq. Esq.
Robert
Robert Rosman,
Rosman, Esq.
Esq.
Rosman Legal,
Rosman Legal, P.C.
P.C.
7-11
7-11 S.
S. Broadway,
Broadway, Suite
Suite 308
308
White
White Plains, New York
Plains, New York 10601
10601
(914) 339-9870
(914) 339-9870
steve(@rosmanlegal.com
steve@rosmanlegal.com
rob@rosmanlegal.com
rob@rosmanlegal.com
Attorneys for
Attorneys for Plaintiff
Plaintiff
Dated: May
Dated: May 18,
18, 2022
2022
White
White Plains,
Plains, New
New York
York
YANKWITT
YANKWITT LLP
LLP
By:
By: ____________________
Diamond Pon
Diamond
Diamond DornDorn
140
140 Grand
Grand Street,
Street, Suite
Suite 705
705
White
White Plains, New York
Plains, New York 10601
10601
Tel:
Tel: (914)
(914) 686-1500
686-1500
Fax:
Fax: (914)
(914) 487-5000
487-5000
Preview
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/12/2022 Exhibit G Exhibit G FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/12/2022 SUPREME SUPREME COURT COURT OF OF THE THE STATE STATE OF NEW YORK OF NEW YORK COUNTY OF COUNTY OF WESTCHESTER WESTCHESTER NEIL B. NEIL B. RICE, RICE, Plaintiff, Plaintiff, Index No. 61665/2021 Index No. 61665/2021 -against- -against- Hon. Hon. Damaris Damaris Torrent Torrent LEE LEE R.R. EINSIDLER EINSIDLER As As Administrator Administrator of of Estate Estate of of DEFENDANT’S DEFENDANT’S Aaron M. Aaron M. Einsidler, Einsidler, SUPPLEMENTAL SUPPLEMENTAL DEMAND DEMAND FOR FOR A A VERIFIED VERIFIED BILL BILL OF OF Defendant. Defendant. PARTICULARS PARTICULARS PLEASE PLEASE TAKE NOTICE that TAKE NOTICE that defendant defendant Lee Lee R. R. Einsidler Einsidler As As Administrator Administrator of of Estate Estate of of Aaron M. Einsidler Aaron M. Einsidler (“Defendant”), (“Defendant”), as as and and for for his his supplemental supplemental demand demand for for aa Verified Verified Bill Bill of of Particulars, demands Particulars, demands that that plaintiff plaintiff Neil B. Rice Neil B. Rice (“Plaintiff”) (“Plaintiff”) furnish furnish the the following following Supplemental Supplemental Verified Bill Verified Bill of of Particulars Particulars as as to to the the allegations allegations in in the the Verified Verified Complaint Complaint within within thirty thirty (30) (30) days, days, to to the the extent extent the the requested requested information information has has not not already already been produced in been produced in response response to to Defendant’s Defendant’s April April 18, 18, 2022 2022 Demand Demand for for aa Verified Verified Bill Bill of of Particulars. Particulars. Demand Demand No. No. 1: 1: A A detailed detailed description description of of any any physical physical and/or and/or mental mental disease, disease, illness, disability, illness, disability, injury, injury, oror other other condition condition experienced experienced or or suffered suffered byby Plaintiff Plaintiff from from January January 1,1, 2007 2007 to to the the present present that pre- that pre- existed and/or existed and/or was was not not allegedly allegedly caused caused by by his his interactions interactions with with Aaron Aaron and/or and/or Sara Sara Einsidler Einsidler (the (the “Decedents”). “Decedents”). Demand Demand No. No. 2: 2: If If aa disease, disease, illness, illness, disability, disability, injury, injury, or or other other condition condition isis claimed claimed to to have have been been caused, caused, aggravated, aggravated, accelerated, accelerated, oror exacerbated exacerbated by by Decedents, specify Decedents, specify inin detail detail the the nature nature ofof each each alleged alleged condition condition and and thethe name name and and present present address address of of each each health health care care provider, provider, ifif any, who any, ever provided who ever provided treatment treatment forfor the the alleged alleged condition. condition. Demand Demand No. No. 3: 3: State State the the name name and present address and present address ofof each each physical physical oror mental mental health care health care provider provider (including (including health health care care facilities) facilities) that that treated treated Plaintiff from January 1, 2007 to the present, the dates Plaintiff from January 1, 2007 to the present, the dates and places and places where treatment was where treatment was received received during during that that period, period, and and the the nature nature of of the the treatment. treatment. Attach Attach true true copies copies ofof all all written reports provided written reports provided toto you by any you by any such such health health care care provider. FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/12/2022 PLEASE PLEASE TAKE TAKE FURTHER NOTICE that FURTHER NOTICE that failure failure to to respond respond to to this this Demand Demand within within thirty thirty (30) (30) days days will will result result in in Defendant Defendant seeking seeking sanctions pursuant to sanctions pursuant to CPLR CPLR 3124 3124 and/or and/or 3126, 3126, including, including, but but not not limited limited to, to, seeking seeking an an Order Order precluding precluding Plaintiff Plaintiff from from offering offering evidence evidence or or dismissing Plaintiffs Verified dismissing Plaintiff’s Verified Complaint. Complaint. PLEASE PLEASE TAKE TAKE FURTHER NOTICE that FURTHER NOTICE that this this Demand Demand shall shall be be deemed deemed to to continue continue during during the the pendency pendency of of this this action, action, including including the the trial trial thereof. thereof. Dated: Dated: May May 18, 18, 2022 2022 White White Plains, New York Plains, New York YANKWITT YANKWITT LLP LLP By: By: Russell M. Yankwitt Benjamin Benjamin C.C. Fishman Fishman 140 140 Grand Grand Street, Street, Suite Suite 705 705 White White Plains, New York Plains, New York 10601 10601 Tel: Tel: (914) 686-1500 (914) 686-1500 russell@yankwitt.com russell@yankwitt.com bfishman@yankwitt.com bfishman@yankwitt.com Attorneys for Attorneys for Defendant Defendant Lee Lee R.R. Einsidler Einsidler TO: TO: Steven Steven M.M. Brunnlehrman, Brunnlehrman, Esq. Esq. Robert Rosman, Robert Rosman, Esq. Esq. Rosman Rosman Legal, Legal, P.C. P.C. 7-11 S. 7-11 S. Broadway, Broadway, SuiteSuite 308 308 White White Plains, Plains, New New York York 10601 10601 (914) 339-9870 (914) 339-9870 steve@rosmanlegal.com steve(@rosmanlegal.com rob@rosmanlegal.com rob@rosmanlegal.com Attorneys for Attorneys for Plaintiff Plaintiff FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 10/12/2022 CERTIFICATE CERTIFICATE OF OF SERVICE SERVICE I, Diamond I, Diamond Dorn Dorn of of Yankwitt Yankwitt LLP, LLP, hereby hereby certify certify that that aa true true and and correct correct copy copy of of the the foregoing foregoing Supplemental Supplemental Demand Demand for for aa Verified Verified Bill Bill of of Particulars Particulars was provided by was provided by email email and and first-class mail first-class mail to: to: Steven Steven M.M. Brunnlehrman, Brunnlehrman, Esq. Esq. Robert Robert Rosman, Rosman, Esq. Esq. Rosman Legal, Rosman Legal, P.C. P.C. 7-11 7-11 S. S. Broadway, Broadway, Suite Suite 308 308 White White Plains, New York Plains, New York 10601 10601 (914) 339-9870 (914) 339-9870 steve(@rosmanlegal.com steve@rosmanlegal.com rob@rosmanlegal.com rob@rosmanlegal.com Attorneys for Attorneys for Plaintiff Plaintiff Dated: May Dated: May 18, 18, 2022 2022 White White Plains, Plains, New New York York YANKWITT YANKWITT LLP LLP By: By: ____________________ Diamond Pon Diamond Diamond DornDorn 140 140 Grand Grand Street, Street, Suite Suite 705 705 White White Plains, New York Plains, New York 10601 10601 Tel: Tel: (914) (914) 686-1500 686-1500 Fax: Fax: (914) (914) 487-5000 487-5000