Preview
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 08/10/2023
Exhibit B
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
SUPREME COURT OF THE STATE OF NEW YORK Index # _________________
COUNTY OF WESTCHESTER
----------------------------------------------------------------------X Date Purchased: __________
N. BRIAN RICE, Date Filed: ______________
Plaintiff,
-against- SUMMONS
LEE R. EINSIDLER, Venue:
As Administrator of the Estate of Plaintiff designates Westchester County
Aaron Michael Einsidler aka as the place of trial. The basis of this
Aaron M. Einsidler designation is that both Parties reside in
Westchester County, and the cause of
Defendant. action arose in Westchester County.
----------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and serve a
copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance, on the Plaintiff's attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
Summons is not personally delivered to you within the State of New York), and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
in the Complaint.
Dated: White Plains, New York
July 29, 2021
Yours, etc.
ROSMAN LEGAL, P.C.
Attorneys for the Plaintiff
7-11 South Broadway, Suite 308
White Plains, New York 10601
(914) 339-9870
________________________
To: Lee R. Einsidler By Steven M. Brunnlehrman, Esq.
Administrator of The Estate Of Counsel
of Aaron Michael Einsidler steve@rosmanlegal.com
585 Grant Road
North Salem, New York 10560
1 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
SUPREME COURT OF THE STATE OF NEW YORK Index # _________________
COUNTY OF WESTCHESTER
---------------------------------------------------------------------X Date Purchased: __________
NEIL B. RICE, Date Filed: ______________
Plaintiff,
-against- VERIFIED COMPLAINT
LEE R. EINSIDLER,
As Administrator of the Estate of
Aaron Michael Einsidler aka
Aaron M. Einsidler
Defendant.
---------------------------------------------------------------------X
Plaintiff Neil B. Rice, through his attorneys, Rosman Legal, P.C., complaining of
Defendant Lee R. Einsidler, alleges as follows:
1. At all times hereinafter mentioned, Plaintiff was and still is a resident of the
County of Westchester in the State of New York.
2. At all times hereinafter mentioned, Plaintiff was and is developmentally disabled,
suffering from mental illness, and under the care of a psychiatrist.
3. Upon information and belief, at all times hereinafter mentioned, Lee Einsidler,
Administrator of the Estate (“Lee”), was and still is a resident of the County of Westchester in
the State of New York.
4. Upon information and belief, at all times hereinafter mentioned, Aaron Michael
Einsidler (“Aaron”) was a teacher of special needs students at the Long Meadow School in
Brewster, New York.
5. Upon information and belief, at all times hereinafter mentioned, Sarah Cohen
Einsidler (“Sarah”), was the wife of Aaron Michael Einsidler.
6. Upon information and belief, at all times hereinafter mentioned, Lee Einsidler,
Administrator of the Estate, was the father of Aaron Michael Einsidler.
7. On or about the early winter of 2018, Plaintiff met Aaron Michael Einsidler and
2 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
his wife, Sarah Cohen Einsidler.
8. Plaintiff considered himself and Aaron and Sarah as dear friends.
9. Over time, Aaron’s and Sarah’s behavior became increasingly erratic, and their
interactions emotionally abusive towards the Plaintiff.
10. Aaron’s bullying and harassment of Plaintiff was continuous and ongoing,
consisting of disparaging remarks, phone calls, and texts, culminating during quarantine and just
prior to Aaron’s and Sarah’s demise.
11. Aaron and Plaintiff spoke on several occasions about Plaintiff’s disability and
mental illness.
12. Upon information and belief, Aaron knew or should have known of Plaintiff’s
mental illness and developmental disability.
13. Upon information and belief, Aaron intentionally and/or recklessly exploited
Plaintiff’s vulnerabilities as well as Plaintiff’s sensitivity towards social interactions.
14. Upon information and belief, Aaron Einsidler took advantage of Plaintiff’s
disabilities to exercise undue influence over Plaintiff.
15. In early 2019, Aaron Einsidler would frequently include sexually-charged
references in his conversations with Plaintiff such as “If a guy builds a ship one time, he is a
shipbuilder, and if he sucks c***, he is a c***sucker.”
16. Upon information and belief, Aaron Einsidler intentionally made Plaintiff feel
vulnerable and uncomfortable as an exercise of control over Plaintiff.
17. On two separate occasions, Aaron told Plaintiff how much Aaron hated his
father’s girlfriend, “Amy,” asked Plaintiff if he could make his father’s girlfriend “disappear,”
indicating he wanted Plaintiff to kill the girlfriend.
3 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
18. Throughout their relationship and culminating during the quarantine period,
Aaron and Sarah constantly called and texted Plaintiff, burdening him about their own physical
and mental states.
19. During the quarantine period, Plaintiff requested that Aaron and Sarah stop
calling him and texting him.
20. Plaintiff feared for his safety and intrusions, and Plaintiff refused to give Aaron
and Sarah his home address.
21. On or about April of 2019, Plaintiff encountered Lee Einsidler, Administrator of
the Estate, at the Shell gas station located at 848 South Bedford Road.
22. On that date, Plaintiff attempted to inform Lee Einsidler of Aaron’s and Sarah’s
concerning behavior directed towards Plaintiff, but Lee refused to discuss his son with Plaintiff.
23. On or about November 2019, Aaron and Sarah met Plaintiff near Charles and
Darlington Roads.
24. At that encounter, Aaron and Sarah approached Plaintiff, physically assaulted
Plaintiff, held Plaintiff’s buttocks, and directed Plaintiff to pull down his pants and masturbate in
front of them.
25. Upon information and belief, Aaron and Sarah took photographs and/or video of
Plaintiff on Aaron’s phone during their assault.
26. Upon information and belief, Aaron’s phone is in the custody of the State Police.
27. Plaintiff’s mental, emotional, and physical states have suffered greatly since the
Aaron’s and Sarah’s assault due to the emotional damage of the assault itself as well as due to
the actual or potential impact on Plaintiff’s well-being, reputation, and ability to earn a living.
28. Plaintiff was unable to leave his house and required a significant increase in
4 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
prescription medications and psychiatric interventions in order to begin recovery.
29. Plaintiff and his psychiatrist were in constant contact because Plaintiff expressed
suicidal intentions.
30. Plaintiff has suffered significant mental trauma due to the emotional distress
inflicted by Aaron and Sarah.
AS AND FOR THE FIRST CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)
31. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 30 of this Complaint as if more fully set forth herein.
32. Aaron and Sarah had either intended to cause or disregarded the substantial
probability that their ongoing and continuous disparagement of Plaintiff which culminated
during the quarantine period and included the physical assault of Plaintiff to expose Plaintiff’s
privates and have him masturbate in front of them would cause Plaintiff severe emotional
distress.
33. Aaron’s requests that Plaintiff kill Lee’s girlfriend, “Amy” were inappropriate,
unsettling, and emotionally burdensome to Plaintiff.
34. Aaron’s and Sarah’s harassment of Plaintiff culminated in their texting him
shortly prior to their demise.
35. Physically restraining Plaintiff for the purpose of demanding sexual performance
in Aaron’s and Sarah’s presence was extreme and outrageous conduct inflicted upon Plaintiff
lasting and severe emotional distress.
36. As a direct and proximate result of the above, Plaintiff has been damaged in an
amount of at least $1 million dollars ($1,000,000).
5 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
37. Inasmuch as the conduct complained of evidences outrageous behavior with an
intentional or reckless disregard for Plaintiff’s safety and well-being, punitive damages should
also be imposed in an amount to be determined at trial, but in no event less than $2 million
dollars ($2,000,000.00).
AS AND FOR THE SECOND CAUSE OF ACTION
(Negligent Infliction of Emotional Distress)
38. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 37 of this Complaint as if more fully set forth herein.
39. Aaron was a teacher for special needs students.
40. Aaron knew or should have known of Plaintiff’s mental illness and developmental
disability.
41. Aaron provided Plaintiff psychological therapy over the phone and by text.
42. Aaron acted in the role of a special needs therapist and teacher.
43. A special relationship was created with Plaintiff which required a duty of care
expected of a reasonable person with the professional skill and knowledge of Aaron Einsidler.
44. Aaron Einsidler breached his duty of care towards Plaintiff by taking advantage of
Plaintiff’s disabilities and subjecting Plaintiff to social and emotional injury.
45. As a direct and proximate result of the above, Plaintiff has been damaged in an
amount of at least $1 million dollars ($1,000,000).
46. Inasmuch as the conduct complained of evidences malevolent disinterest in
Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be
determined at trial, but in no event less than $2 million dollars ($2,000,000).
6 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
AS AND FOR THE THIRD CAUSE OF ACTION
(Prima Facie Tort)
47. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 46 of this Complaint as if more fully set forth herein.
48. Upon information and belief, Aaron’s and Sarah’s conduct was intentional and
malicious, with a disinterested malevolence as their only motive.
49. As a direct and proximate result of the above, Plaintiff has been damaged in an
amount of at least $1 million dollars ($1,000,000).
50. Inasmuch as the conduct complained of evidences malevolent disinterest in
Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be
determined at trial, but in no event less than $2 million dollars ($2,000,000).
AS AND FOR THE FOURTH CAUSE OF ACTION
(Assault)
51. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 50 of this Complaint as if more fully set forth herein.
52. Aaron and Sarah intentionally restrained Plaintiff for the purpose of demanding
sexual performance in Aaron’s and Sarah’s presence was extreme and outrageous conduct
inflicted upon Plaintiff lasting and severe emotional distress.
53. Aaron and Sarah intentionally caused fear of imminent harm to Plaintiff.
54. Plaintiff remained indoors, isolated, as he feared imminent danger to his person
and to his emotional state, and refused to provide Aaron and Sarah his address.
55. As a direct and proximate result of the above, Plaintiff has been damaged in an
7 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
amount of at least $1 million dollars ($1,000,000).
56. Inasmuch as the conduct complained of evidences malevolent disinterest in
Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be
determined at trial, but in no event less than $2 million dollars ($2,000,000).
AS AND FOR THE FIFTH CAUSE OF ACTION
(Battery)
57. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
1 through 58 of this Complaint as if more fully set forth herein.
58. Aaron and Sarah intentionally caused harm to Plaintiff.
59. Aaron and Sarah inappropriately touched Plaintiff during their assault of Plaintiff.
60. Aaron grabbed Plaintiff’s buttocks.
61. Physically restraining the Plaintiff for the purpose of demanding sexual
performance in Aaron’s and Sarah’s presence was extreme and outrageous conduct inflicted
upon Plaintiff lasting and severe emotional distress.
62. As a direct and proximate result of the above, Plaintiff has been damaged in an
amount of at least $1 million dollars ($1,000,000).
63. Inasmuch as the conduct complained of evidences malevolent disinterest in
Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be
determined at trial, but in no event less than $2 million dollars ($2,000,000).
WHEREFORE, Plaintiff demands judgment against Defendant as follows:
On the First Cause of Action against Defendant in the amount of at least $1,000,000.00,
together with punitive damages in the amount of at least $2,000,000.00, together with such other
and further relief as this Court seems just and proper, including but not limited to attorneys’ fees
and costs;
8 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
On the Second Cause of Action against Defendant in the amount of at least
$1,000,000.00, together with punitive damages in the amount of at least $2,000,000.00, together
with such other and further relief as to this Court seems just and proper, including but not limited
to attorneys’ fees and costs;
On the Third Cause of Action against Defendant in the amount of at least $1,000,000.00,
together with punitive damages in the amount of at least $2,000,000.00, together with such other
and further relief as to this Court seems just and proper, including but not limited to attorneys’
fees and costs;
On the Fourth Cause of Action against Defendant in the amount of at least
$1,000,000.00, together with punitive damages in the amount of at least $2,000,000.00, together
with such other and further relief as to this Court seems just and proper, including but not limited
to attorneys’ fees and costs; and
On the Fifth Cause of Action against Defendant in the amount of at least $1,000,000.00,
together with punitive damages in the amount of at least $2,000,000.00, together with such other
and further relief as to this Court seems just and proper, including but not limited to attorneys’
fees and costs.
Dated: White Plains, New York
July 28, 2021
Yours, etc.
ROSMAN LEGAL, P.C.
Attorneys for the Plaintiff
7-11 South Broadway, Suite 308
White Plains, New York 10601
(914) 339-9870
________________________
By Steven M. Brunnlehrman, Esq.
Of Counsel
steve@rosmanlegal.com
To: Lee R. Einsidler
Administrator of The Estate
of Aaron Michael Einsidler
585 Grant Road
North Salem, New York 10560
9 of 10
FILED: WESTCHESTER COUNTY CLERK 08/10/2023
08/25/2021 02:11
03:41 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 177
1 RECEIVED NYSCEF: 08/10/2023
08/25/2021
10 of 10
Preview
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 RECEIVED NYSCEF: 08/10/2023 Exhibit B FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 SUPREME COURT OF THE STATE OF NEW YORK Index # _________________ COUNTY OF WESTCHESTER ----------------------------------------------------------------------X Date Purchased: __________ N. BRIAN RICE, Date Filed: ______________ Plaintiff, -against- SUMMONS LEE R. EINSIDLER, Venue: As Administrator of the Estate of Plaintiff designates Westchester County Aaron Michael Einsidler aka as the place of trial. The basis of this Aaron M. Einsidler designation is that both Parties reside in Westchester County, and the cause of Defendant. action arose in Westchester County. ----------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York), and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: White Plains, New York July 29, 2021 Yours, etc. ROSMAN LEGAL, P.C. Attorneys for the Plaintiff 7-11 South Broadway, Suite 308 White Plains, New York 10601 (914) 339-9870 ________________________ To: Lee R. Einsidler By Steven M. Brunnlehrman, Esq. Administrator of The Estate Of Counsel of Aaron Michael Einsidler steve@rosmanlegal.com 585 Grant Road North Salem, New York 10560 1 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 SUPREME COURT OF THE STATE OF NEW YORK Index # _________________ COUNTY OF WESTCHESTER ---------------------------------------------------------------------X Date Purchased: __________ NEIL B. RICE, Date Filed: ______________ Plaintiff, -against- VERIFIED COMPLAINT LEE R. EINSIDLER, As Administrator of the Estate of Aaron Michael Einsidler aka Aaron M. Einsidler Defendant. ---------------------------------------------------------------------X Plaintiff Neil B. Rice, through his attorneys, Rosman Legal, P.C., complaining of Defendant Lee R. Einsidler, alleges as follows: 1. At all times hereinafter mentioned, Plaintiff was and still is a resident of the County of Westchester in the State of New York. 2. At all times hereinafter mentioned, Plaintiff was and is developmentally disabled, suffering from mental illness, and under the care of a psychiatrist. 3. Upon information and belief, at all times hereinafter mentioned, Lee Einsidler, Administrator of the Estate (“Lee”), was and still is a resident of the County of Westchester in the State of New York. 4. Upon information and belief, at all times hereinafter mentioned, Aaron Michael Einsidler (“Aaron”) was a teacher of special needs students at the Long Meadow School in Brewster, New York. 5. Upon information and belief, at all times hereinafter mentioned, Sarah Cohen Einsidler (“Sarah”), was the wife of Aaron Michael Einsidler. 6. Upon information and belief, at all times hereinafter mentioned, Lee Einsidler, Administrator of the Estate, was the father of Aaron Michael Einsidler. 7. On or about the early winter of 2018, Plaintiff met Aaron Michael Einsidler and 2 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 his wife, Sarah Cohen Einsidler. 8. Plaintiff considered himself and Aaron and Sarah as dear friends. 9. Over time, Aaron’s and Sarah’s behavior became increasingly erratic, and their interactions emotionally abusive towards the Plaintiff. 10. Aaron’s bullying and harassment of Plaintiff was continuous and ongoing, consisting of disparaging remarks, phone calls, and texts, culminating during quarantine and just prior to Aaron’s and Sarah’s demise. 11. Aaron and Plaintiff spoke on several occasions about Plaintiff’s disability and mental illness. 12. Upon information and belief, Aaron knew or should have known of Plaintiff’s mental illness and developmental disability. 13. Upon information and belief, Aaron intentionally and/or recklessly exploited Plaintiff’s vulnerabilities as well as Plaintiff’s sensitivity towards social interactions. 14. Upon information and belief, Aaron Einsidler took advantage of Plaintiff’s disabilities to exercise undue influence over Plaintiff. 15. In early 2019, Aaron Einsidler would frequently include sexually-charged references in his conversations with Plaintiff such as “If a guy builds a ship one time, he is a shipbuilder, and if he sucks c***, he is a c***sucker.” 16. Upon information and belief, Aaron Einsidler intentionally made Plaintiff feel vulnerable and uncomfortable as an exercise of control over Plaintiff. 17. On two separate occasions, Aaron told Plaintiff how much Aaron hated his father’s girlfriend, “Amy,” asked Plaintiff if he could make his father’s girlfriend “disappear,” indicating he wanted Plaintiff to kill the girlfriend. 3 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 18. Throughout their relationship and culminating during the quarantine period, Aaron and Sarah constantly called and texted Plaintiff, burdening him about their own physical and mental states. 19. During the quarantine period, Plaintiff requested that Aaron and Sarah stop calling him and texting him. 20. Plaintiff feared for his safety and intrusions, and Plaintiff refused to give Aaron and Sarah his home address. 21. On or about April of 2019, Plaintiff encountered Lee Einsidler, Administrator of the Estate, at the Shell gas station located at 848 South Bedford Road. 22. On that date, Plaintiff attempted to inform Lee Einsidler of Aaron’s and Sarah’s concerning behavior directed towards Plaintiff, but Lee refused to discuss his son with Plaintiff. 23. On or about November 2019, Aaron and Sarah met Plaintiff near Charles and Darlington Roads. 24. At that encounter, Aaron and Sarah approached Plaintiff, physically assaulted Plaintiff, held Plaintiff’s buttocks, and directed Plaintiff to pull down his pants and masturbate in front of them. 25. Upon information and belief, Aaron and Sarah took photographs and/or video of Plaintiff on Aaron’s phone during their assault. 26. Upon information and belief, Aaron’s phone is in the custody of the State Police. 27. Plaintiff’s mental, emotional, and physical states have suffered greatly since the Aaron’s and Sarah’s assault due to the emotional damage of the assault itself as well as due to the actual or potential impact on Plaintiff’s well-being, reputation, and ability to earn a living. 28. Plaintiff was unable to leave his house and required a significant increase in 4 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 prescription medications and psychiatric interventions in order to begin recovery. 29. Plaintiff and his psychiatrist were in constant contact because Plaintiff expressed suicidal intentions. 30. Plaintiff has suffered significant mental trauma due to the emotional distress inflicted by Aaron and Sarah. AS AND FOR THE FIRST CAUSE OF ACTION (Intentional Infliction of Emotional Distress) 31. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 30 of this Complaint as if more fully set forth herein. 32. Aaron and Sarah had either intended to cause or disregarded the substantial probability that their ongoing and continuous disparagement of Plaintiff which culminated during the quarantine period and included the physical assault of Plaintiff to expose Plaintiff’s privates and have him masturbate in front of them would cause Plaintiff severe emotional distress. 33. Aaron’s requests that Plaintiff kill Lee’s girlfriend, “Amy” were inappropriate, unsettling, and emotionally burdensome to Plaintiff. 34. Aaron’s and Sarah’s harassment of Plaintiff culminated in their texting him shortly prior to their demise. 35. Physically restraining Plaintiff for the purpose of demanding sexual performance in Aaron’s and Sarah’s presence was extreme and outrageous conduct inflicted upon Plaintiff lasting and severe emotional distress. 36. As a direct and proximate result of the above, Plaintiff has been damaged in an amount of at least $1 million dollars ($1,000,000). 5 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 37. Inasmuch as the conduct complained of evidences outrageous behavior with an intentional or reckless disregard for Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be determined at trial, but in no event less than $2 million dollars ($2,000,000.00). AS AND FOR THE SECOND CAUSE OF ACTION (Negligent Infliction of Emotional Distress) 38. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 37 of this Complaint as if more fully set forth herein. 39. Aaron was a teacher for special needs students. 40. Aaron knew or should have known of Plaintiff’s mental illness and developmental disability. 41. Aaron provided Plaintiff psychological therapy over the phone and by text. 42. Aaron acted in the role of a special needs therapist and teacher. 43. A special relationship was created with Plaintiff which required a duty of care expected of a reasonable person with the professional skill and knowledge of Aaron Einsidler. 44. Aaron Einsidler breached his duty of care towards Plaintiff by taking advantage of Plaintiff’s disabilities and subjecting Plaintiff to social and emotional injury. 45. As a direct and proximate result of the above, Plaintiff has been damaged in an amount of at least $1 million dollars ($1,000,000). 46. Inasmuch as the conduct complained of evidences malevolent disinterest in Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be determined at trial, but in no event less than $2 million dollars ($2,000,000). 6 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 AS AND FOR THE THIRD CAUSE OF ACTION (Prima Facie Tort) 47. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 46 of this Complaint as if more fully set forth herein. 48. Upon information and belief, Aaron’s and Sarah’s conduct was intentional and malicious, with a disinterested malevolence as their only motive. 49. As a direct and proximate result of the above, Plaintiff has been damaged in an amount of at least $1 million dollars ($1,000,000). 50. Inasmuch as the conduct complained of evidences malevolent disinterest in Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be determined at trial, but in no event less than $2 million dollars ($2,000,000). AS AND FOR THE FOURTH CAUSE OF ACTION (Assault) 51. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 50 of this Complaint as if more fully set forth herein. 52. Aaron and Sarah intentionally restrained Plaintiff for the purpose of demanding sexual performance in Aaron’s and Sarah’s presence was extreme and outrageous conduct inflicted upon Plaintiff lasting and severe emotional distress. 53. Aaron and Sarah intentionally caused fear of imminent harm to Plaintiff. 54. Plaintiff remained indoors, isolated, as he feared imminent danger to his person and to his emotional state, and refused to provide Aaron and Sarah his address. 55. As a direct and proximate result of the above, Plaintiff has been damaged in an 7 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 amount of at least $1 million dollars ($1,000,000). 56. Inasmuch as the conduct complained of evidences malevolent disinterest in Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be determined at trial, but in no event less than $2 million dollars ($2,000,000). AS AND FOR THE FIFTH CAUSE OF ACTION (Battery) 57. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 58 of this Complaint as if more fully set forth herein. 58. Aaron and Sarah intentionally caused harm to Plaintiff. 59. Aaron and Sarah inappropriately touched Plaintiff during their assault of Plaintiff. 60. Aaron grabbed Plaintiff’s buttocks. 61. Physically restraining the Plaintiff for the purpose of demanding sexual performance in Aaron’s and Sarah’s presence was extreme and outrageous conduct inflicted upon Plaintiff lasting and severe emotional distress. 62. As a direct and proximate result of the above, Plaintiff has been damaged in an amount of at least $1 million dollars ($1,000,000). 63. Inasmuch as the conduct complained of evidences malevolent disinterest in Plaintiff’s safety and well-being, punitive damages should also be imposed in an amount to be determined at trial, but in no event less than $2 million dollars ($2,000,000). WHEREFORE, Plaintiff demands judgment against Defendant as follows: On the First Cause of Action against Defendant in the amount of at least $1,000,000.00, together with punitive damages in the amount of at least $2,000,000.00, together with such other and further relief as this Court seems just and proper, including but not limited to attorneys’ fees and costs; 8 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 On the Second Cause of Action against Defendant in the amount of at least $1,000,000.00, together with punitive damages in the amount of at least $2,000,000.00, together with such other and further relief as to this Court seems just and proper, including but not limited to attorneys’ fees and costs; On the Third Cause of Action against Defendant in the amount of at least $1,000,000.00, together with punitive damages in the amount of at least $2,000,000.00, together with such other and further relief as to this Court seems just and proper, including but not limited to attorneys’ fees and costs; On the Fourth Cause of Action against Defendant in the amount of at least $1,000,000.00, together with punitive damages in the amount of at least $2,000,000.00, together with such other and further relief as to this Court seems just and proper, including but not limited to attorneys’ fees and costs; and On the Fifth Cause of Action against Defendant in the amount of at least $1,000,000.00, together with punitive damages in the amount of at least $2,000,000.00, together with such other and further relief as to this Court seems just and proper, including but not limited to attorneys’ fees and costs. Dated: White Plains, New York July 28, 2021 Yours, etc. ROSMAN LEGAL, P.C. Attorneys for the Plaintiff 7-11 South Broadway, Suite 308 White Plains, New York 10601 (914) 339-9870 ________________________ By Steven M. Brunnlehrman, Esq. Of Counsel steve@rosmanlegal.com To: Lee R. Einsidler Administrator of The Estate of Aaron Michael Einsidler 585 Grant Road North Salem, New York 10560 9 of 10 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 08/25/2021 02:11 03:41 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 177 1 RECEIVED NYSCEF: 08/10/2023 08/25/2021 10 of 10