On January 24, 2018 a
Motion-Secondary
was filed
involving a dispute between
Cushman & Wakefield, Inc.,
and
Lawrence Tannenbaum,
for Commercial - Contract
in the District Court of New York County.
Preview
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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NEIL B. RICE, Index No.: 61665/2021
Plaintiff,
-against-
DECISION & ORDER
LEE R. EINSIDLER, (Motion Sequences 8 & 9)
As Administrator of the Estate of
Aaron Michael Einsidler aka
Aaron M. Einsidler
Defendant.
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Greenwald, J.
The Court has read and or reviewed the following NYSCEF documents in reaching the
within Decision and Order:
NYSCEF document numbers: 1, 161 – 165, 167 – 200, 206 – 210
This is an action for money damages for intentional and negligent infliction of emotional
distress, prima facie tort, assault, and battery.
By order to show cause (Motion Seq. #8), Rosman Legal, P.C. seeks to be relieved as Plaintiff’s
counsel with a stay of proceedings to permit the retaining of new counsel by Plaintiff.
Defendant expresses no objection to Rosman Legal, P.C.’s request to be relieved as Plaintiff’s
counsel but cross-moves (Motion Seq. #9) for summary judgment in favor of Defendant and
dismissal of the Complaint in its entirety, along with an award in favor of Defendant directing
Plaintiff Neil B. Rice to reimburse Defendant for his attorney’s fees and costs incurred in this
action pursuant to N.Y. Comp. Codes R. & Regs. Tit. 22 § 130-1.1 (Part 130) and CPLR § 8303-
a.
By reason of the foregoing, it is hereby
ORDERED that Rosman Legal P.C.’s motion to be relieved as counsel (Motion Seq.#8) is
GRANTED; and it is further,
ORDERED that decision on Defendant’s cross-motion for summary judgment and dismissal
(Motion Seq. #9) is reserved as Plaintiff remains without counsel at this time; and it is further,
ORDERED that all proceedings in this case matter are stayed until January 23, 2024, at which
time Plaintiff must appear pro se or with new counsel at the Status Conference scheduled for
9:15 AM of that day in Courtroom 1201; and it is further,
ORDERED that failure by Parties to appear at the Status Conference on January 23, 2024 may
result in the entry of a default judgment or dismissal. Persons appearing at the conference must
have full knowledge of the facts and status of the case and be prepared to engage in a meaningful
conference. If a party is self-represented, or not receiving NYSCEF notifications, opposing
counsel must advise said Party(ies) in writing of the date, time, and manner of the appearance
and upload same to NYSCEF.
The foregoing constitutes the decision and order of this Court.
Dated: White Plains, New York
November _____, 2023
ENTER:
Hon. Hal B. Greenwald, J.S.C.
Document Filed Date
November 10, 2023
Case Filing Date
January 24, 2018
Category
Commercial - Contract
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