Preview
FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022
Exhibit E
FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022
SUPREME
SUPREME COURT COURT OF OF THE
THE STATE
STATE OF NEW YORK
OF NEW YORK
COUNTY
COUNTY OF OF WESTCHESTER
WESTCHESTER
---------------------------------------------------------------------X
NEIL B.
NEIL B. RICE,
RICE, .
Plaintiff, Index
Index No.:
No.: 61665/2021
61665/2021
Plaintiff,
-against-
-against-
LEE
LEE R.R. EINSIDLER,
EINSIDLER, SUBPOENA DUCES
SUBPOENA DUCES TECUM
TECUM
As
As Administrator
Administrator of of the
the Estate
Estate of
of
Aaron Michael
Aaron Michael Einsidler
Einsidler aka
aka
Aaron
Aaron M.M. Einsidler
Einsidler
Defendant.
Defendant.
---------------------------------------------------------------------X
THE PEOPLE OF THE STATE OF NEW YORK
To:
To: VERIZON
VERIZON
ATTN:
ATTN: VERIZON
VERIZON SECURITY
SECURITY ASSISTANCE
ASSISTANCE TEAM
TEAM (VSAT)
(VSAT)
180
180 Washington Valley Road
Washington Valley Road
Bedminster, NJ 07921
Bedminster, NJ 07921
GREETINGS:
GREETINGS:
WE COMMAND
WE YOU, that
COMMAND YOU, that all business and
all business and excuses being laid
excuses being laid aside,
aside, to produce at
to produce at
the
the offices
offices of
of Rosman
Rosman Legal,
Legal, P.C.,
P.C., located
located at
at 7-11
7-11 South
South Broadway,
Broadway, Suite
Suite 308,
308, White
White Plains,
Plains,
New York
New York 10601,
10601, within
within twenty
twenty (20)
(20) days
days of
of receipt
receipt of
of this
this subpoena,
subpoena, but
but in
in any
any event
event no
no later
later
than
than the 22"nd day
the 22 day of
of October,
October, 2021,
2021, at
at 10:00
10:00 o’clock
o’clock in
in the
the morning,
morning, complete
complete and
and accurate
accurate
copies
copies of
of any
any and
and all
all documents
documents or
or things
things identified
identified in
in Exhibit
Exhibit AA to
to this
this Subpoena
Subpoena Duces
Duces
Tecum,
Tecum, along
along with
with aa duly
duly executed
executed and
and notarized
notarized certificate
certificate from
from the person in
the person in charge
charge of
of such
such
records
records which
which acknowledges
acknowledges that
that the
the same
same are
are true
true and
and correct
correct copies
copies of
of records kept by
records kept your
by your
office
office in
in the
the ordinary
ordinary course
course of
of business.
business.
PLEASE
PLEASE TAKE
TAKE NOTICE
NOTICE that
that you
you may
may comply
comply with
with this
this subpoena by delivering
subpoena by delivering in
in
digital
digital or
or electronic
electronic form
form complete
complete and
and accurate
accurate copies
copies of
of the
the documents
documents and/or
and/or data
data identified
identified
on
on the
the attached
attached “Exhibit A.”
“Exhibit A.”
FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 3122-A, your
document production shall be accompanied by a certification of business records, sworn to by
the custodian or other qualified witness charged with responsibility of maintaining the records,
stating that: (1) The affiant is the duly authorized custodian or other qualified witness and has
authority to make the certification; (2) To the best of the affiant’s knowledge, after reasonable
inquiry, the records or copies thereof are accurate versions of the documents described in the
subpoena duces tecum that are in the possession, custody, or control of the person receiving the
subpoena; (3) To the best of the affiant’s knowledge, after reasonable inquiry, the records or
copies produced represent all the documents described in the subpoena duces tecum, or if they
do not represent a complete set of the documents subpoenaed, an explanation of which
documents are missing and a reason for their absence is provided; and (4) The records or copies
produced were made by the personnel or staff of the business, or persons acting under their
control, in the regular course of business, at the time of the act, transaction, occurrence, or event
recorded therein, or within a reasonable time thereafter, and that it was the regular course of
business to make such records.
PLEASE TAKE FURTHER NOTICE that, pursuant to Section 2301 of the Civil
Practice Law and Rules, all papers or other items delivered pursuant to this subpoena shall be
accompanied by a copy of this subpoena.
PLEASE TAKE FURTHER NOTICE pursuant to Section 3101(a)(4) of the Civil
Practice Law and Rules, that the reason the disclosure herein is sought is for the purpose of
obtaining relevant and material information necessary in the prosecution of the above-captioned
lawsuit. Specifically, you have call records relevant to the claims raised in the lawsuit, namely
FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022
that Plaintiff was subjected to harassing phone calls (please see attached summons and
complaint). Plaintiff is unable to obtain the substantial equivalent of the information by other
means without undue hardship.
YOUR FAILURE TO COMPLY WITH THIS SUBPOENA IS PUNISHABLE
AS A CONTEMPT OF COURT AND SHALL MAKE YOU LIABLE TO THE PERSON
ON WHOSE BEHALF THIS SUBPOENA WAS ISSUED FOR A PENALTY NOT TO
EXCEED ONE HUNDRED FIFTY DOLLARS AND ALL DAMAGES SUSTAINED BY
REASON OF YOUR FAILURE TO COMPLY.
Dated: White Plains, New York
September 21, 2021
Yours, etc.
By Steven M. Brunnlehrman, Esq.
Of Counsel, Rosman Legal, P.C.
Attorneys for Plaintiff
7-11 South Broadway, Suite 308
White Plains, NY 10601
(914) 339-9870
Cc: Greenfield Stein & Senior, LLP
Attorneys for Defendant
600 Third Avenue 11th Floor
New York, NY 10016
FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022
Exhibit A
1. All call records for phone number 914-666-2671, a landline associated with Neil B.
Rice (“call log”), from the period of the account’s inception on or about December of
2017 through the closing of the account on or about September of 2020. The call
records must include all incoming and outgoing calls, the date and time of each phone
call, the phone number to which or from which the phone call was made, and the
duration of each call. The call log can be provided electronically or in hard-copy, but
it must be organized in date and time order as customarily formatted by phone
companies.
FILED:
FILED:
FILED: WESTCHESTER COUNTY
WESTCHESTER
WESTCHESTER COUNTY CLERK
COUNTY CLERK 08/25/2021
CLERK 10/24/2022 03:41 PM
08/25/2021 03:41
03:35 PM
PM INDEX
INDEX NO.
INDEX 61665/2021
NO. 61665/2021
NO. 61665/2021
NYSCEF
NYSCEF
NYSCEF DOC.
DOC.
DOC. NO.
NO.
NO. 1
1
108 RECEIVED
RECEIVED
RECEIVED NYSCEF:
NYSCEF:
NYSCEF: 08/25/2021
08/25/2021
10/24/2022
SUPREME
SUPREME COURT COURT OF OF THE
THE STATE
STATE OF NEW YORK
OF NEW YORK Index
Index #
# _________________
COUNTY
COUNTY OF OF WESTCHESTER
WESTCHESTER
----------------------------------------------------------------------X
te E EEE X Date
Date Purchased:
Purchased: __________
N. BRIAN
N. BRIAN RICE,
RICE, Date
Date Filed:
Filed: ______________
Plaintiff,
Plaintiff,
-against-
-against- SUMMONS
SUMMONS
LEE
LEE R.R. EINSIDLER,
EINSIDLER, Venue:
Venue:
As
As Administrator
Administrator of of the
the Estate
Estate ofof Plaintiff designates
Plaintiff designates Westchester
Westchester County
County
Aaron Michael
Aaron Michael Einsidler
Einsidler aka
aka as
as the
the place
place ofof trial.
trial. The
The basis
basis of
of this
this
Aaron M.
Aaron M. Einsidler
Einsidler designation
designation is is that both Parties
that both Parties reside
reside inin
Westchester
Westchester County,
County, and and the
the cause
cause ofof
Defendant.
Defendant. action
action arose
arose inin Westchester
Westchester County.
County.
----------------------------------------------------------------------X
TO
TO THE
THE ABOVE-NAMED
ABOVE-NAMED DEFENDANT(S):
DEFENDANT(S):
YOU ARE
YOU ARE HEREBY
HEREBY SUMMONED
SUMMONED to
to answer
answer the
the Complaint
Complaint in
in this
this action
action and
and serve
serve aa
copy
copy of
of your Answer, or,
your Answer, or, if
if the
the Complaint
Complaint is
is not
not served
served with
with this
this Summons,
Summons, to
to serve
serve aa Notice
Notice of
of
Appearance, on
Appearance, on the
the Plaintiff's
Plaintiff's attorney
attorney within
within twenty
twenty (20)
(20) days
days after
after the
the service
service of
of this
this Summons,
Summons,
exclusive
exclusive of
of the
the day
day of
of service
service (or
(or within
within thirty
thirty (30)
(30) days
days after
after the
the service
service is
is complete
complete if
if this
this
Summons
Summons is
is not personally delivered
not personally delivered to
to you
you within
within the
the State
State of New York),
of New York), and
and in
in case
case of
of your
your
failure
failure to
to appear
appear or
or answer, judgment will
answer, judgment will be
be taken
taken against you by
against you by default
default for
for the
the relief
relief demanded
demanded
in
in the
the Complaint.
Complaint.
Dated:
Dated: White
White Plains, New York
Plains, New York
July
July 29,
29, 2021
2021
Yours,
Yours, etc.
etc.
ROSMAN
ROSMAN LEGAL,
LEGAL, P.C.P.C.
Attorneys for
Attorneys for the
the Plaintiff
Plaintiff
7-11
7-11 South
South Broadway,
Broadway, Suite
Suite 308
308
White
White Plains, New York
Plains, New York 10601
10601
(914)
(914) 339-9870
339-9870
________________________
To:
To: Lee
Lee R.
R. Einsidler
Einsidler By
By Steven
Steven M.
M. Brunnlehrman,
Brunnlehrman, Esq.
Esq.
Administrator
Administrator ofof The
The Estate
Estate Of
Of Counsel
Counsel
of Aaron Michael
of Aaron Michael Einsidler
Einsidler steve@rosmanlegal.com
steve@rosmanlegal.com
585
585 Grant
Grant Road
Road
North Salem,
North New York
Salem, New York 10560
10560
11 of
of 10
10
FILED:
FILED:
FILED: WESTCHESTER COUNTY
WESTCHESTER
WESTCHESTER COUNTY CLERK
COUNTY CLERK 08/25/2021
CLERK 10/24/2022 03:41 PM
08/25/2021 03:41
03:35 PM
PM INDEX
INDEX NO.
INDEX 61665/2021
NO. 61665/2021
NO. 61665/2021
NYSCEF DOC.
NYSCEF
NYSCEF DOC. NO.
DOC. NO. 108
NO. 1
1 RECEIVED NYSCEF:
RECEIVED
RECEIVED NYSCEF: 10/24/2022
NYSCEF: 08/25/2021
08/25/2021
SUPREME
SUPREME COURT COURT OF OF THE
THE STATE
STATE OF NEW YORK
OF NEW YORK Index
Index #
# _________________
COUNTY
COUNTY OF OF WESTCHESTER
WESTCHESTER
---------------------------------------------------------------------X
Et a X Date
Date Purchased:
Purchased: __________
NEIL B.
NEIL B. RICE,
RICE, Date
Date Filed:
Filed: ______________
Plaintiff,
Plaintiff,
-against-
-against- VERIFIED COMPLAINT
VERIFIED COMPLAINT
LEE
LEE R.R. EINSIDLER,
EINSIDLER,
As
As Administrator
Administrator of of the
the Estate
Estate of
of
Aaron Michael
Aaron Michael Einsidler
Einsidler aka
aka
Aaron
Aaron M.M. Einsidler
Einsidler
Defendant.
Defendant.
---------------------------------------------------------------------X
Plaintiff Neil B.
Plaintiff Neil B. Rice,
Rice, through
through hishis attorneys,
attorneys, Rosman
Rosman Legal,
Legal, P.C.,
P.C., complaining
complaining of
of
Defendant
Defendant Lee
Lee R.
R. Einsidler,
Einsidler, alleges
alleges as
as follows:
follows:
1.
1. At all
At all times
times hereinafter
hereinafter mentioned,
mentioned, Plaintiff
Plaintiff was
was and
and still
still is
is aa resident
resident of
of the
the
County
County of
of Westchester
Westchester in
in the
the State
State of New York.
of New York.
2.
2. At all
At all times
times hereinafter
hereinafter mentioned,
mentioned, Plaintiff
Plaintiff was
was and
and is
is developmentally
developmentally disabled,
disabled,
suffering
suffering from
from mental
mental illness,
illness, and
and under
under the
the care
care of
of aa psychiatrist.
psychiatrist.
3.
3. Upon information
Upon information and
and belief,
belief, at
at all
all times
times hereinafter
hereinafter mentioned,
mentioned, Lee
Lee Einsidler,
Einsidler,
Administrator of
Administrator of the
the Estate
Estate (“Lee”),
(“Lee”), was
was and
and still
still is
is aa resident
resident of
of the
the County
County of
of Westchester
Westchester in
in
the
the State
State of New York.
of New York.
4.
4, Upon information
Upon information and
and belief,
belief, at
at all
all times
times hereinafter
hereinafter mentioned, Aaron Michael
mentioned, Aaron Michael
Einsidler
Einsidler (“Aaron”)
(“Aaron”) was
was aa teacher
teacher of
of special
special needs
needs students
students at
at the
the Long
Long Meadow
Meadow School
School in
in
Brewster, New York.
Brewster, New York.
5.
5. Upon information
Upon information and
and belief,
belief, at
at all
all times
times hereinafter
hereinafter mentioned,
mentioned, Sarah
Sarah Cohen
Cohen
Einsidler
Einsidler (“Sarah”),
(“Sarah”), was
was the
the wife
wife of
of Aaron
Aaron Michael
Michael Einsidler.
Einsidler.
6.
6. Upon information
Upon information and
and belief,
belief, at
at all
all times
times hereinafter
hereinafter mentioned,
mentioned, Lee
Lee Einsidler,
Einsidler,
Administrator of
Administrator of the
the Estate,
Estate, was
was the
the father
father of Aaron Michael
of Aaron Michael Einsidler.
Einsidler.
7.
7. On
On or
or about
about the
the early
early winter
winter of
of 2018,
2018, Plaintiff
Plaintiff met Aaron Michael
met Aaron Michael Einsidler
Einsidler and
and
2
2 of
Preview
FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022 Exhibit E FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022 SUPREME SUPREME COURT COURT OF OF THE THE STATE STATE OF NEW YORK OF NEW YORK COUNTY COUNTY OF OF WESTCHESTER WESTCHESTER ---------------------------------------------------------------------X NEIL B. NEIL B. RICE, RICE, . Plaintiff, Index Index No.: No.: 61665/2021 61665/2021 Plaintiff, -against- -against- LEE LEE R.R. EINSIDLER, EINSIDLER, SUBPOENA DUCES SUBPOENA DUCES TECUM TECUM As As Administrator Administrator of of the the Estate Estate of of Aaron Michael Aaron Michael Einsidler Einsidler aka aka Aaron Aaron M.M. Einsidler Einsidler Defendant. Defendant. ---------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK To: To: VERIZON VERIZON ATTN: ATTN: VERIZON VERIZON SECURITY SECURITY ASSISTANCE ASSISTANCE TEAM TEAM (VSAT) (VSAT) 180 180 Washington Valley Road Washington Valley Road Bedminster, NJ 07921 Bedminster, NJ 07921 GREETINGS: GREETINGS: WE COMMAND WE YOU, that COMMAND YOU, that all business and all business and excuses being laid excuses being laid aside, aside, to produce at to produce at the the offices offices of of Rosman Rosman Legal, Legal, P.C., P.C., located located at at 7-11 7-11 South South Broadway, Broadway, Suite Suite 308, 308, White White Plains, Plains, New York New York 10601, 10601, within within twenty twenty (20) (20) days days of of receipt receipt of of this this subpoena, subpoena, but but in in any any event event no no later later than than the 22"nd day the 22 day of of October, October, 2021, 2021, at at 10:00 10:00 o’clock o’clock in in the the morning, morning, complete complete and and accurate accurate copies copies of of any any and and all all documents documents or or things things identified identified in in Exhibit Exhibit AA to to this this Subpoena Subpoena Duces Duces Tecum, Tecum, along along with with aa duly duly executed executed and and notarized notarized certificate certificate from from the person in the person in charge charge of of such such records records which which acknowledges acknowledges that that the the same same are are true true and and correct correct copies copies of of records kept by records kept your by your office office in in the the ordinary ordinary course course of of business. business. PLEASE PLEASE TAKE TAKE NOTICE NOTICE that that you you may may comply comply with with this this subpoena by delivering subpoena by delivering in in digital digital or or electronic electronic form form complete complete and and accurate accurate copies copies of of the the documents documents and/or and/or data data identified identified on on the the attached attached “Exhibit A.” “Exhibit A.” FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022 PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 3122-A, your document production shall be accompanied by a certification of business records, sworn to by the custodian or other qualified witness charged with responsibility of maintaining the records, stating that: (1) The affiant is the duly authorized custodian or other qualified witness and has authority to make the certification; (2) To the best of the affiant’s knowledge, after reasonable inquiry, the records or copies thereof are accurate versions of the documents described in the subpoena duces tecum that are in the possession, custody, or control of the person receiving the subpoena; (3) To the best of the affiant’s knowledge, after reasonable inquiry, the records or copies produced represent all the documents described in the subpoena duces tecum, or if they do not represent a complete set of the documents subpoenaed, an explanation of which documents are missing and a reason for their absence is provided; and (4) The records or copies produced were made by the personnel or staff of the business, or persons acting under their control, in the regular course of business, at the time of the act, transaction, occurrence, or event recorded therein, or within a reasonable time thereafter, and that it was the regular course of business to make such records. PLEASE TAKE FURTHER NOTICE that, pursuant to Section 2301 of the Civil Practice Law and Rules, all papers or other items delivered pursuant to this subpoena shall be accompanied by a copy of this subpoena. PLEASE TAKE FURTHER NOTICE pursuant to Section 3101(a)(4) of the Civil Practice Law and Rules, that the reason the disclosure herein is sought is for the purpose of obtaining relevant and material information necessary in the prosecution of the above-captioned lawsuit. Specifically, you have call records relevant to the claims raised in the lawsuit, namely FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022 that Plaintiff was subjected to harassing phone calls (please see attached summons and complaint). Plaintiff is unable to obtain the substantial equivalent of the information by other means without undue hardship. YOUR FAILURE TO COMPLY WITH THIS SUBPOENA IS PUNISHABLE AS A CONTEMPT OF COURT AND SHALL MAKE YOU LIABLE TO THE PERSON ON WHOSE BEHALF THIS SUBPOENA WAS ISSUED FOR A PENALTY NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS AND ALL DAMAGES SUSTAINED BY REASON OF YOUR FAILURE TO COMPLY. Dated: White Plains, New York September 21, 2021 Yours, etc. By Steven M. Brunnlehrman, Esq. Of Counsel, Rosman Legal, P.C. Attorneys for Plaintiff 7-11 South Broadway, Suite 308 White Plains, NY 10601 (914) 339-9870 Cc: Greenfield Stein & Senior, LLP Attorneys for Defendant 600 Third Avenue 11th Floor New York, NY 10016 FILED: WESTCHESTER COUNTY CLERK 10/24/2022 03:35 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 10/24/2022 Exhibit A 1. All call records for phone number 914-666-2671, a landline associated with Neil B. Rice (“call log”), from the period of the account’s inception on or about December of 2017 through the closing of the account on or about September of 2020. The call records must include all incoming and outgoing calls, the date and time of each phone call, the phone number to which or from which the phone call was made, and the duration of each call. The call log can be provided electronically or in hard-copy, but it must be organized in date and time order as customarily formatted by phone companies. FILED: FILED: FILED: WESTCHESTER COUNTY WESTCHESTER WESTCHESTER COUNTY CLERK COUNTY CLERK 08/25/2021 CLERK 10/24/2022 03:41 PM 08/25/2021 03:41 03:35 PM PM INDEX INDEX NO. INDEX 61665/2021 NO. 61665/2021 NO. 61665/2021 NYSCEF NYSCEF NYSCEF DOC. DOC. DOC. NO. NO. NO. 1 1 108 RECEIVED RECEIVED RECEIVED NYSCEF: NYSCEF: NYSCEF: 08/25/2021 08/25/2021 10/24/2022 SUPREME SUPREME COURT COURT OF OF THE THE STATE STATE OF NEW YORK OF NEW YORK Index Index # # _________________ COUNTY COUNTY OF OF WESTCHESTER WESTCHESTER ----------------------------------------------------------------------X te E EEE X Date Date Purchased: Purchased: __________ N. BRIAN N. BRIAN RICE, RICE, Date Date Filed: Filed: ______________ Plaintiff, Plaintiff, -against- -against- SUMMONS SUMMONS LEE LEE R.R. EINSIDLER, EINSIDLER, Venue: Venue: As As Administrator Administrator of of the the Estate Estate ofof Plaintiff designates Plaintiff designates Westchester Westchester County County Aaron Michael Aaron Michael Einsidler Einsidler aka aka as as the the place place ofof trial. trial. The The basis basis of of this this Aaron M. Aaron M. Einsidler Einsidler designation designation is is that both Parties that both Parties reside reside inin Westchester Westchester County, County, and and the the cause cause ofof Defendant. Defendant. action action arose arose inin Westchester Westchester County. County. ----------------------------------------------------------------------X TO TO THE THE ABOVE-NAMED ABOVE-NAMED DEFENDANT(S): DEFENDANT(S): YOU ARE YOU ARE HEREBY HEREBY SUMMONED SUMMONED to to answer answer the the Complaint Complaint in in this this action action and and serve serve aa copy copy of of your Answer, or, your Answer, or, if if the the Complaint Complaint is is not not served served with with this this Summons, Summons, to to serve serve aa Notice Notice of of Appearance, on Appearance, on the the Plaintiff's Plaintiff's attorney attorney within within twenty twenty (20) (20) days days after after the the service service of of this this Summons, Summons, exclusive exclusive of of the the day day of of service service (or (or within within thirty thirty (30) (30) days days after after the the service service is is complete complete if if this this Summons Summons is is not personally delivered not personally delivered to to you you within within the the State State of New York), of New York), and and in in case case of of your your failure failure to to appear appear or or answer, judgment will answer, judgment will be be taken taken against you by against you by default default for for the the relief relief demanded demanded in in the the Complaint. Complaint. Dated: Dated: White White Plains, New York Plains, New York July July 29, 29, 2021 2021 Yours, Yours, etc. etc. ROSMAN ROSMAN LEGAL, LEGAL, P.C.P.C. Attorneys for Attorneys for the the Plaintiff Plaintiff 7-11 7-11 South South Broadway, Broadway, Suite Suite 308 308 White White Plains, New York Plains, New York 10601 10601 (914) (914) 339-9870 339-9870 ________________________ To: To: Lee Lee R. R. Einsidler Einsidler By By Steven Steven M. M. Brunnlehrman, Brunnlehrman, Esq. Esq. Administrator Administrator ofof The The Estate Estate Of Of Counsel Counsel of Aaron Michael of Aaron Michael Einsidler Einsidler steve@rosmanlegal.com steve@rosmanlegal.com 585 585 Grant Grant Road Road North Salem, North New York Salem, New York 10560 10560 11 of of 10 10 FILED: FILED: FILED: WESTCHESTER COUNTY WESTCHESTER WESTCHESTER COUNTY CLERK COUNTY CLERK 08/25/2021 CLERK 10/24/2022 03:41 PM 08/25/2021 03:41 03:35 PM PM INDEX INDEX NO. INDEX 61665/2021 NO. 61665/2021 NO. 61665/2021 NYSCEF DOC. NYSCEF NYSCEF DOC. NO. DOC. NO. 108 NO. 1 1 RECEIVED NYSCEF: RECEIVED RECEIVED NYSCEF: 10/24/2022 NYSCEF: 08/25/2021 08/25/2021 SUPREME SUPREME COURT COURT OF OF THE THE STATE STATE OF NEW YORK OF NEW YORK Index Index # # _________________ COUNTY COUNTY OF OF WESTCHESTER WESTCHESTER ---------------------------------------------------------------------X Et a X Date Date Purchased: Purchased: __________ NEIL B. NEIL B. RICE, RICE, Date Date Filed: Filed: ______________ Plaintiff, Plaintiff, -against- -against- VERIFIED COMPLAINT VERIFIED COMPLAINT LEE LEE R.R. EINSIDLER, EINSIDLER, As As Administrator Administrator of of the the Estate Estate of of Aaron Michael Aaron Michael Einsidler Einsidler aka aka Aaron Aaron M.M. Einsidler Einsidler Defendant. Defendant. ---------------------------------------------------------------------X Plaintiff Neil B. Plaintiff Neil B. Rice, Rice, through through hishis attorneys, attorneys, Rosman Rosman Legal, Legal, P.C., P.C., complaining complaining of of Defendant Defendant Lee Lee R. R. Einsidler, Einsidler, alleges alleges as as follows: follows: 1. 1. At all At all times times hereinafter hereinafter mentioned, mentioned, Plaintiff Plaintiff was was and and still still is is aa resident resident of of the the County County of of Westchester Westchester in in the the State State of New York. of New York. 2. 2. At all At all times times hereinafter hereinafter mentioned, mentioned, Plaintiff Plaintiff was was and and is is developmentally developmentally disabled, disabled, suffering suffering from from mental mental illness, illness, and and under under the the care care of of aa psychiatrist. psychiatrist. 3. 3. Upon information Upon information and and belief, belief, at at all all times times hereinafter hereinafter mentioned, mentioned, Lee Lee Einsidler, Einsidler, Administrator of Administrator of the the Estate Estate (“Lee”), (“Lee”), was was and and still still is is aa resident resident of of the the County County of of Westchester Westchester in in the the State State of New York. of New York. 4. 4, Upon information Upon information and and belief, belief, at at all all times times hereinafter hereinafter mentioned, Aaron Michael mentioned, Aaron Michael Einsidler Einsidler (“Aaron”) (“Aaron”) was was aa teacher teacher of of special special needs needs students students at at the the Long Long Meadow Meadow School School in in Brewster, New York. Brewster, New York. 5. 5. Upon information Upon information and and belief, belief, at at all all times times hereinafter hereinafter mentioned, mentioned, Sarah Sarah Cohen Cohen Einsidler Einsidler (“Sarah”), (“Sarah”), was was the the wife wife of of Aaron Aaron Michael Michael Einsidler. Einsidler. 6. 6. Upon information Upon information and and belief, belief, at at all all times times hereinafter hereinafter mentioned, mentioned, Lee Lee Einsidler, Einsidler, Administrator of Administrator of the the Estate, Estate, was was the the father father of Aaron Michael of Aaron Michael Einsidler. Einsidler. 7. 7. On On or or about about the the early early winter winter of of 2018, 2018, Plaintiff Plaintiff met Aaron Michael met Aaron Michael Einsidler Einsidler and and 2 2 of