Preview
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/12/2022
Exhibit Q
Exhibit Q
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/12/2022
ROSMAN
R LEGAL,
O SMA N L P.C.
EGA L , P.C.
7-11 S
7-11 SOUTH
OUTH BBROADWAY/SUITE 209
ROADWAY /S UITE 209
WHITE
W HITE PPLAINS, NEW
LAINS , N YORK
EW Y 10601
ORK 10601
PPHONE: 914-339-9870
HONE : 914-339-9870
September 1,
September 1, 2022
2022
VIA EMAIL
VIA EMAIL
Jonathan Ohring,
Jonathan Ohring, Esq.
Esq.
Yankwitt LLP
Yankwitt LLP
140 Grand
140 Grand Street
Street Ste
Ste 705
705
White Plains,
White Plains, NY 10601
NY 10601
Re: Neil
Re: B. Rice
Neil B. Rice v.
v. Lee
Lee R.
R. Einsidler,
Einsidler, Index
Index No.: 61665/2021
No.: 61665/2021
Dear Mr.
Dear Mr. Ohring:
Ohring:
We received
We received your
your correspondence,
correspondence, dated
dated August
August 30, 30, 2022,
2022, purportedly
purportedly summarizing
summarizing the the
telephonic meet-and-confer
telephonic meet-and-confer held
held on
on August
August 26,
26, 2022
2022 in in regard
regard to
to the
the above-captioned
above-captioned matter.
matter.
Not only is
Not only is your
your purported summary woefully
purported summary woefully inadequate,
inadequate, but we also
but we also disagree
disagree with
with aa number
number of of
your characterizations and
your characterizations and wish
wish to
to disabuse
disabuse you
you of
of aa number
number of of your
your misconceptions
misconceptions and and
misrepresentations, implied
misrepresentations, implied or
or otherwise.
otherwise.
Plaintiff previously
Plaintiff provided numerous
previously provided numerous authorizations
authorizations toto Defendant.
Defendant. Opposing
Opposing counsel
counsel
objected to
objected to the
the authorizations.
authorizations. Now,
Now, pursuant
pursuant to
to the
the Court’s
Court’s August
August 19,
19, 2022,
2022, Decision
Decision and
and
Order dated, Plaintiff will provide by September 8, 2022, authorizations for the release of “any
Order dated, Plaintiff will provide by September 8, 2022, authorizations for the release of “any
and all
and all mental
mental health
health and
and drug
drug and
and alcohol
alcohol treatment
treatment records,
records, including
including psychotherapy
psychotherapy and and other
other
mental health
mental health treatment
treatment notes,
notes, from
from January
January 2007
2007 to
to present,
present, including
including such
such anan authorization
authorization
relating to Four
relating to Four Winds
Winds Hospital.”
Hospital.”
In terms
In terms of of the
the Interrogatories
Interrogatories to to which
which you refer, our
you refer, our position is that
position is that neither
neither side
side is
is
entitled to
entitled to Interrogatories
Interrogatories since
since during
during our
our extensive
extensive discussions
discussions prior
prior to
to the
the conference
conference order
order
“so ordered”
“so ordered” on on March
March 28,28, 2022,
2022, neither
neither side
side negotiated
negotiated forfor nor demanded interrogatories.
nor demanded interrogatories. In In
our opinion,
our opinion, the the “so-ordered”
“so-ordered” conference
conference orderorder results
results from
from anan arm’s
arm’s length
length negotiation
negotiation between
between
us and with
us and with thethe court
court attorney
attorney and
and preempts
preempts the the CPLR.
CPLR. There
There would
would bebe no
no purpose
purpose toto aa
conference order
conference order ifif the
the parties were to
parties were to rely
rely on,
on, notwithstanding
notwithstanding the the conference
conference order,
order, the
the general
general
rules and
rules and principles
principles of of the
the CPLR.
CPLR.
In regard
In regard toto document
document requests,
requests, please provide appropriately
please provide appropriately tailored
tailored requests
requests asas opposed
opposed
to the
to the broad
broad categories
categories youyou propound. Your own
propound. Your own “Instructions
“Instructions andand Definitions”
Definitions” in in your
your Request
Request
for Production
for Production askask that
that we
we specify
specify each
each withheld
withheld document,
document, if if any,
any, by its specific
by its specific identifiers
identifiers yet
yet
you
you dodo not
not identify
identify with
with specifics
specifics documents
documents youyou are
are seeking.
seeking. Your
Your document
document categories
categories are
are so
so
broadly described that
broadly described that exacting
exacting compliance
compliance seems
seems inherently
inherently overburdensome.
overburdensome. Your
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/12/2022
interpretation that
interpretation that we
we refuse
refuse to
to provide discovery is
provide discovery is way
way off
off the
the mark
mark as
as discovery
discovery is
is an
an ongoing
ongoing
obligation upon
obligation upon both Parties.
both Parties.
We specifically
We specifically discussed
discussed your
your discovery
discovery demands
demands during
during our
our phone
phone call.
call. You
You asked
asked that
that
if you
if you were
were to
to tailor
tailor the
the document
document demands
demands toto reflect
reflect specific
specific times
times and
and dates,
dates, would we
would we
respond. When
respond. When II replied
replied inin the
the affirmative,
affirmative, you
you demanded
demanded thatthat II respond
respond extemporaneously.
extemporaneously. II
very appropriately
very appropriately asked
asked that
that your
your revised
revised demands
demands be be put
put in
in writing,
writing, which
which you refused.
you refused.
During our
During our conversation,
conversation, II noted
noted that
that Lee
Lee denied
denied there
there was
was ever
ever aa meeting
meeting between
between him
him
and Neil
and and that
Neil and that the
the documents
documents we’ve
we’ve demanded,
demanded, but have not
but have not yet
yet received,
received, would
would be
be
establishing otherwise.
establishing otherwise. We We also
also discussed
discussed Defendant’s
Defendant’s failure
failure to
to provide
provide usus with
with financial
financial
statements for
statements for trusts
trusts alleged
alleged to
to be
be held
held to
to benefit Aaron. You
benefit Aaron. You professed
professed the the irrelevancy
irrelevancy of
of any
any
such accounts, but proceeded to report that no such trusts existed anyway. When I asked you to
such accounts, but proceeded to report that no such trusts existed anyway. When I asked you to
put that response
put that response in in writing,
writing, you
you refused.
refused.
That Defendant
That Defendant has has no
no password access to
password access to either
either Aaron’s
Aaron’s iPhone
iPhone oror MacBook
MacBook is is an
an
independent, technical
independent, technical issue.
issue. Plaintiff
Plaintiff has
has already
already demanded
demanded andand is
is entitled
entitled to
to the
the iPhone
iPhone as as part
part
of his
of his first
first demand
demand for for discovery
discovery andand inspection.
inspection. You You have
have refused
refused to
to produce
produce the the cell
cell phone.
phone.
Similarly, Plaintiff
Similarly, Plaintiff will demand and
will demand and will
will be entitled to
be entitled to Aaron’s
Aaron’s MacBook
MacBook notwithstanding
notwithstanding
Defendant’s assertion
Defendant’s assertion that
that he
he does
does not
not know
know the
the password. Plaintiff has
password. Plaintiff has already
already demanded
demanded
production
production of of emails
emails andand text
text messages
messages between Defendant and
between Defendant and Aaron
Aaron which
which youyou have
have not
not yet
yet
produced even though
produced even though those
those emails
emails and
and text
text messages
messages would certainly be
would certainly be in
in Defendant’s
Defendant’s
possession
possession andand control.
control.
The tone
The tone of
of your
your concluding
concluding paragraph
paragraph is is unfortunate,
unfortunate, inappropriate,
inappropriate, and
and misplaced.
misplaced. We We
are not
are not being
being intransigent
intransigent here.
here. Counsel
Counsel should
should be able to
be able to commit
commit inin writing
writing what
what they
they attest
attest toto
in conversation.
in conversation. Your Your great
great reluctance
reluctance to
to do
do so
so isis very
very telling.
telling. If
If any
any documents
documents or or items
items that
that
we have asked
we have asked for
for do
do not
not exist,
exist, simply
simply state
state so
so in
in writing
writing toto avoid
avoid conjecture
conjecture oror
misunderstandings. Similarly,
misunderstandings. Similarly, your
your attempts
attempts toto qualify
qualify your
your document
document demands
demands should
should also
also be
be
in written
in written form.
form.
The parties
The could have
parties could have been engaging in
been engaging in many
many telephonic
telephonic “meet
“meet and
and confer”
confer” discussions
discussions
from the beginning of this cause of action. Defendant, instead, has been doing everything he
from the beginning of this cause of action. Defendant, instead, has been doing everything he can
can
to disrupt
to disrupt and
and elude
elude legal
legal action
action in
in any
any forum,
forum, whether
whether it it be
be in
in Surrogate’s
Surrogate’s Court
Court or or Supreme
Supreme
Court. From
Court. From the
the beginning,
beginning, Defendant
Defendant has has so
so far
far spent
spent anan inordinate
inordinate amount
amount of of time,
time, counted
counted in in
months, with
months, with motions
motions and and appeals
appeals ofof motions
motions as as if
if to
to avoid
avoid thethe possibility
possibility ofof any
any court
court
proceeding whatsoever rather
proceeding whatsoever rather than
than engage
engage in in fact-finding
fact-finding and and arguing
arguing the
the merits
merits of of the
the
accusations against
accusations against Defendant’s
Defendant’s son. son. Defendant
Defendant has has provided
provided us us no
no discovery.
discovery. Contrary
Contrary to to your
your
accusations, our
accusations, our firm
firm isis not
not the
the one
one that
that may
may be subject to
be subject to costs,
costs, fees,
fees, and
and sanctions.
sanctions.
Very truly yours,
Very truly yours,
Robert S.
Robert S. Rosman
i (Sep 1,
(Sep 1,2022 18:06 EDT)
2022 18:06 EDT)
Robert S.
Robert S. Rosman,
Rosman, Esq.
Esq.
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/12/2022
Letter in Reply to Ohring - v.5
Final Audit Report
2022-09-01
Created:
2022-09-01
By:
STEVEN BRUNNLEHRMAN (sbrunnlehrman66@gmail.com)
Status:
Signed
Transaction ID:
CBJCHBCAABAAW4ANXGgO7T_PdI8iuvSIm7EgRSS7fP3DI
"Letter in Reply to Ohring - v.5" History
£9 Document created by STEVEN BRUNNLEHRMAN (sbrunnlehrman66@gmail.com)
2022-09-01 - 9:54:37 PM GMT- IP address: 69.125.185.89
Document emailed to rob@rosmanlegal.com for signature
2022-09-01 - 9:55:31 PM GMT
Email viewed by rob@rosmanlegal.com
2022-09-01 - 10:03:00 PM GMT- IP address: 174.198.192.6
Signer rob@rosmanlegal.com entered name at signing as Robert S. Rosman
2022-09-01 - 10:06:27 PM GMT- IP address: 174.198.192.6
Document e-signed by Robert S. Rosman (rob@rosmanlegal.com)
Signature Date: 2022-09-01 - 10:06:28 PM GMT - Time Source: server- IP address: 174.198.192.6
Agreement completed.
2022-09-01 - 10:06:28 PM GMT
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Preview
FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/12/2022 Exhibit Q Exhibit Q FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/12/2022 ROSMAN R LEGAL, O SMA N L P.C. EGA L , P.C. 7-11 S 7-11 SOUTH OUTH BBROADWAY/SUITE 209 ROADWAY /S UITE 209 WHITE W HITE PPLAINS, NEW LAINS , N YORK EW Y 10601 ORK 10601 PPHONE: 914-339-9870 HONE : 914-339-9870 September 1, September 1, 2022 2022 VIA EMAIL VIA EMAIL Jonathan Ohring, Jonathan Ohring, Esq. Esq. Yankwitt LLP Yankwitt LLP 140 Grand 140 Grand Street Street Ste Ste 705 705 White Plains, White Plains, NY 10601 NY 10601 Re: Neil Re: B. Rice Neil B. Rice v. v. Lee Lee R. R. Einsidler, Einsidler, Index Index No.: 61665/2021 No.: 61665/2021 Dear Mr. Dear Mr. Ohring: Ohring: We received We received your your correspondence, correspondence, dated dated August August 30, 30, 2022, 2022, purportedly purportedly summarizing summarizing the the telephonic meet-and-confer telephonic meet-and-confer held held on on August August 26, 26, 2022 2022 in in regard regard to to the the above-captioned above-captioned matter. matter. Not only is Not only is your your purported summary woefully purported summary woefully inadequate, inadequate, but we also but we also disagree disagree with with aa number number of of your characterizations and your characterizations and wish wish to to disabuse disabuse you you of of aa number number of of your your misconceptions misconceptions and and misrepresentations, implied misrepresentations, implied or or otherwise. otherwise. Plaintiff previously Plaintiff provided numerous previously provided numerous authorizations authorizations toto Defendant. Defendant. Opposing Opposing counsel counsel objected to objected to the the authorizations. authorizations. Now, Now, pursuant pursuant to to the the Court’s Court’s August August 19, 19, 2022, 2022, Decision Decision and and Order dated, Plaintiff will provide by September 8, 2022, authorizations for the release of “any Order dated, Plaintiff will provide by September 8, 2022, authorizations for the release of “any and all and all mental mental health health and and drug drug and and alcohol alcohol treatment treatment records, records, including including psychotherapy psychotherapy and and other other mental health mental health treatment treatment notes, notes, from from January January 2007 2007 to to present, present, including including such such anan authorization authorization relating to Four relating to Four Winds Winds Hospital.” Hospital.” In terms In terms of of the the Interrogatories Interrogatories to to which which you refer, our you refer, our position is that position is that neither neither side side is is entitled to entitled to Interrogatories Interrogatories since since during during our our extensive extensive discussions discussions prior prior to to the the conference conference order order “so ordered” “so ordered” on on March March 28,28, 2022, 2022, neither neither side side negotiated negotiated forfor nor demanded interrogatories. nor demanded interrogatories. In In our opinion, our opinion, the the “so-ordered” “so-ordered” conference conference orderorder results results from from anan arm’s arm’s length length negotiation negotiation between between us and with us and with thethe court court attorney attorney and and preempts preempts the the CPLR. CPLR. There There would would bebe no no purpose purpose toto aa conference order conference order ifif the the parties were to parties were to rely rely on, on, notwithstanding notwithstanding the the conference conference order, order, the the general general rules and rules and principles principles of of the the CPLR. CPLR. In regard In regard toto document document requests, requests, please provide appropriately please provide appropriately tailored tailored requests requests asas opposed opposed to the to the broad broad categories categories youyou propound. Your own propound. Your own “Instructions “Instructions andand Definitions” Definitions” in in your your Request Request for Production for Production askask that that we we specify specify each each withheld withheld document, document, if if any, any, by its specific by its specific identifiers identifiers yet yet you you dodo not not identify identify with with specifics specifics documents documents youyou are are seeking. seeking. Your Your document document categories categories are are so so broadly described that broadly described that exacting exacting compliance compliance seems seems inherently inherently overburdensome. overburdensome. Your FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/12/2022 interpretation that interpretation that we we refuse refuse to to provide discovery is provide discovery is way way off off the the mark mark as as discovery discovery is is an an ongoing ongoing obligation upon obligation upon both Parties. both Parties. We specifically We specifically discussed discussed your your discovery discovery demands demands during during our our phone phone call. call. You You asked asked that that if you if you were were to to tailor tailor the the document document demands demands toto reflect reflect specific specific times times and and dates, dates, would we would we respond. When respond. When II replied replied inin the the affirmative, affirmative, you you demanded demanded thatthat II respond respond extemporaneously. extemporaneously. II very appropriately very appropriately asked asked that that your your revised revised demands demands be be put put in in writing, writing, which which you refused. you refused. During our During our conversation, conversation, II noted noted that that Lee Lee denied denied there there was was ever ever aa meeting meeting between between him him and Neil and and that Neil and that the the documents documents we’ve we’ve demanded, demanded, but have not but have not yet yet received, received, would would be be establishing otherwise. establishing otherwise. We We also also discussed discussed Defendant’s Defendant’s failure failure to to provide provide usus with with financial financial statements for statements for trusts trusts alleged alleged to to be be held held to to benefit Aaron. You benefit Aaron. You professed professed the the irrelevancy irrelevancy of of any any such accounts, but proceeded to report that no such trusts existed anyway. When I asked you to such accounts, but proceeded to report that no such trusts existed anyway. When I asked you to put that response put that response in in writing, writing, you you refused. refused. That Defendant That Defendant has has no no password access to password access to either either Aaron’s Aaron’s iPhone iPhone oror MacBook MacBook is is an an independent, technical independent, technical issue. issue. Plaintiff Plaintiff has has already already demanded demanded andand is is entitled entitled to to the the iPhone iPhone as as part part of his of his first first demand demand for for discovery discovery andand inspection. inspection. You You have have refused refused to to produce produce the the cell cell phone. phone. Similarly, Plaintiff Similarly, Plaintiff will demand and will demand and will will be entitled to be entitled to Aaron’s Aaron’s MacBook MacBook notwithstanding notwithstanding Defendant’s assertion Defendant’s assertion that that he he does does not not know know the the password. Plaintiff has password. Plaintiff has already already demanded demanded production production of of emails emails andand text text messages messages between Defendant and between Defendant and Aaron Aaron which which youyou have have not not yet yet produced even though produced even though those those emails emails and and text text messages messages would certainly be would certainly be in in Defendant’s Defendant’s possession possession andand control. control. The tone The tone of of your your concluding concluding paragraph paragraph is is unfortunate, unfortunate, inappropriate, inappropriate, and and misplaced. misplaced. We We are not are not being being intransigent intransigent here. here. Counsel Counsel should should be able to be able to commit commit inin writing writing what what they they attest attest toto in conversation. in conversation. Your Your great great reluctance reluctance to to do do so so isis very very telling. telling. If If any any documents documents or or items items that that we have asked we have asked for for do do not not exist, exist, simply simply state state so so in in writing writing toto avoid avoid conjecture conjecture oror misunderstandings. Similarly, misunderstandings. Similarly, your your attempts attempts toto qualify qualify your your document document demands demands should should also also be be in written in written form. form. The parties The could have parties could have been engaging in been engaging in many many telephonic telephonic “meet “meet and and confer” confer” discussions discussions from the beginning of this cause of action. Defendant, instead, has been doing everything he from the beginning of this cause of action. Defendant, instead, has been doing everything he can can to disrupt to disrupt and and elude elude legal legal action action in in any any forum, forum, whether whether it it be be in in Surrogate’s Surrogate’s Court Court or or Supreme Supreme Court. From Court. From the the beginning, beginning, Defendant Defendant has has so so far far spent spent anan inordinate inordinate amount amount of of time, time, counted counted in in months, with months, with motions motions and and appeals appeals ofof motions motions as as if if to to avoid avoid thethe possibility possibility ofof any any court court proceeding whatsoever rather proceeding whatsoever rather than than engage engage in in fact-finding fact-finding and and arguing arguing the the merits merits of of the the accusations against accusations against Defendant’s Defendant’s son. son. Defendant Defendant has has provided provided us us no no discovery. discovery. Contrary Contrary to to your your accusations, our accusations, our firm firm isis not not the the one one that that may may be subject to be subject to costs, costs, fees, fees, and and sanctions. sanctions. Very truly yours, Very truly yours, Robert S. Robert S. Rosman i (Sep 1, (Sep 1,2022 18:06 EDT) 2022 18:06 EDT) Robert S. Robert S. Rosman, Rosman, Esq. Esq. FILED: WESTCHESTER COUNTY CLERK 10/12/2022 10:09 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/12/2022 Letter in Reply to Ohring - v.5 Final Audit Report 2022-09-01 Created: 2022-09-01 By: STEVEN BRUNNLEHRMAN (sbrunnlehrman66@gmail.com) Status: Signed Transaction ID: CBJCHBCAABAAW4ANXGgO7T_PdI8iuvSIm7EgRSS7fP3DI "Letter in Reply to Ohring - v.5" History £9 Document created by STEVEN BRUNNLEHRMAN (sbrunnlehrman66@gmail.com) 2022-09-01 - 9:54:37 PM GMT- IP address: 69.125.185.89 Document emailed to rob@rosmanlegal.com for signature 2022-09-01 - 9:55:31 PM GMT Email viewed by rob@rosmanlegal.com 2022-09-01 - 10:03:00 PM GMT- IP address: 174.198.192.6 Signer rob@rosmanlegal.com entered name at signing as Robert S. Rosman 2022-09-01 - 10:06:27 PM GMT- IP address: 174.198.192.6 Document e-signed by Robert S. Rosman (rob@rosmanlegal.com) Signature Date: 2022-09-01 - 10:06:28 PM GMT - Time Source: server- IP address: 174.198.192.6 Agreement completed. 2022-09-01 - 10:06:28 PM GMT = Adobe Acrobat Sign