Motion-Secondary: Cushman & Wakefield, Inc. v. Lawrence Tannenbaum

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                                FILED: WESTCHESTER COUNTY CLERK 08/10/2023 01:48 PM                                              INDEX NO. 61665/2021
NYSCEF DOC. NO. 170                                                                     RECEIVED NYSCEF: 08/10/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF WESTCHESTER

                                                                     Index No. 61665/2021
           NEIL B. RICE,
                                                                     Hon. Hal B. Greenwald
                          Plaintiff,
                                                                     Mot. Seq. No. __
                                  -against-
                                                            AFFIDAVIT OF
           LEE R. EINSIDLER, as Administrator of the Estate
                                                            LEE R. EINSIDLER IN
           of Aaron M. Einsidler,
                                                            OPPOSITION TO PLAINTIFF’S
                                                            MOTION AND IN SUPPORT OF
                         Defendant.
                                                            DEFENDANT’S CROSS-MOTION


          STATE OF NEW YORK                     )
                                                ) ss.:
          COUNTY OF WESTCHESTER                 )

                  LEE R. EINSIDLER, being duly sworn, deposes and says under the penalty of perjury,

          that:

                  1.     I am the defendant in the above-captioned matter. I make this Affidavit in

          opposition to the motion by counsel for plaintiff Neil B. Rice (“Plaintiff”) seeking leave to be

          relieved as counsel and in support of my cross-motion for summary judgment and an award of

          attorney’s fees and costs, filed contemporaneously herewith. I make this Affidavit on my own

          personal knowledge and upon review of files and information in my possession.

                  2.     I am the Chief Executive Officer of the tequila company Casamigos Spirits

          Company, LLC.

                  3.     My son, Aaron M. Einsidler, and his wife, Sara Einsidler, died together on August

          11, 2020. Their daughter had been born three weeks earlier.

                  4.     An autopsy confirmed that Aaron and Sara died of a drug overdose. Attached

          hereto as Exhibits 1, 2, and 3 are true and correct copies of, respectively, Aaron’s death




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FILED: WESTCHESTER COUNTY CLERK 08/10/2023 01:48 PM                                                INDEX NO. 61665/2021
NYSCEF DOC. NO. 170                                                                       RECEIVED NYSCEF: 08/10/2023




          certificate, Sara’s death certificate, and the toxicology report from Aaron’s autopsy.

                 5.      I was appointed administrator of Aaron’s estate by a decree of the Surrogate’s

          Court dated March 9, 2021, issuing letters of administration. I continue to serve in that capacity.

                 6.      On May 8, 2023, I received a text message from a phone number unfamiliar to me

          with which I had not previously corresponded, but which clearly appears to be from Plaintiff.

          A true and correct copy of this text message is attached hereto as Exhibit 4.

                                     [Remainder of page intentionally left blank.]




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FILED: WESTCHESTER COUNTY CLERK 08/10/2023 01:48 PM                                                  INDEX NO. 61665/2021
NYSCEF DOC. NO. 170                                                                           RECEIVED NYSCEF: 08/10/2023




         Dated:     August    1,   2023                               eN
                                                                      tii41 1


                                                               Lee R Einsidler


         STATE OF NEW YORK
                               } s.s.:
         COUNTY OF WESTCHESTER }

                 On the  q40   day of August, 2023, before me personally appeared Lee R. Einsidler, personally
         known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
         subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,
         and that by his signature on the instrument, the individual executed the instrument.
                           SANDRA MCCALL
                    NOTARY PUBLIC-STATE OF NEW YORK
                              No. 01MC6410228
                       OtiaIlflalIn Westchester County
                      My Commission Expires 10-19-2024                          tary Pub is




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