Preview
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023
Exhibit A
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023
R OSMA N L EGA L , P.C.
7-11 S OUTH B ROADWAY /S UITE 308
W HITE P LAINS , N EW Y ORK 10601
P HONE : 914-339-9870
August 2, 2021
Lee R. Einsidler
Administrator
Estate of Aaron Michael Einsidler
585 Grant Road
North Salem, New York 10560
RE: NOTICE OF SCPA 1804(1) CLAIM
AGAINST THE ESTATE
Dear Mr. Einsidler:
Please take notice that our client, Neil B. Rice, holds a contingent and unliquidated claim
against the above Estate in the form of damages believed to be approximately $25 million
arising from the mistreatment, harassment, and emotional distress suffered by Mr. Rice as the
result of behavior and actions of the deceased.
Attached please find an affidavit duly sworn to by our client showing the facts upon which the
contingent and unliquidated liability is based and the probable amount thereof. Our client has
asked us to serve a summons and complaint regarding the above matter, and we will be doing
so forthwith.
Pursuant to SCPA 1804(1), there shall be no distribution of the estate without the reservation
of assets in an amount comparable to said contingent liability. Please provide us with an
accounting of the Estate’s assets. Thank you.
Very truly yours,
J;fi;G.%
Steven M. Brunnlehrman
Of Counsel
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
FILE # 2020-2255
X
In the Matter of the Estate of
AFFIDAVIT SUPPORTING A
Aaron Michael Einsidler CONTINGENT CLAIM
aka Aaron M. Einsidler, AGAINST THE ESTATE
Deceased, PURSUANT TO SCPA 1804(1)
X
State of New York
) ss.:
County of Westchester )
NEIL B. RICE, being duly sworn deposes and states the following to be true under penalty of
perjury:
1. I submit this affidavit to Lee R. Einsidler, Administrator of the Estate of Aaron Michael
Einsidler (the "Estate").
2. I have a contingent and unliquidated claim against the above Estate for events that had
occurred prior to August 11, 2020, the date of Aaron Einsidler's death.
3. I met Aaron Einsidler ("Aaron") and his wife, Sarah Cohen Einsidler ("Sarah"), in the
early winter of 2018 and considered them dear friends.
4. Over time, Aaron's and Sarah's behavior became increasingly erratic, and their
interactions emotionally abusive towards your deponent.
5. Upon information and belief, Aaron knew or should have known of your deponent's
mental illness and developmental disabilities because the two had spoken of deponent's
conditions, and Aaron was a teacher of special needs students.
6. Upon information and belief, Aaron intentionally and/or recklessly exploited deponent's
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023
vulnerabilities as well as deponent's sensitivity towards social interactions.
7. Upon information and belief, Aaron Einsidler took advantage of your deponent's
disabilities to exercise undue influence over deponent.
8. Aaron's bullying and harassment of deponent 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.
9. On or about April of 2019, I encountered Lee R. Einsidler at the Shell station located at
848 South Bedford Road and informed him of his son's and daughter-in-law's erratic and
concerning behavior directed at me.
10. On or about November 2019, Aaron and Sarah met me on Charles Road in Bedford
Corners whereupon they assaulted me and directed me to pull down my pants and
masturbate in front of them.
11. Upon information and belief, Aaron took intrusive photos and/or video of me on his
phone during their assault.
12. Due to Aaron's assault of me and his invasive video and photographs, I have suffered
extreme levels of emotional distress.
13. I am presently requesting that my attorneys serve a summons and complaint upon Lee R.
Einsidler, as Administrator of the Estate of Aaron Michael Einsidler, for damages
approximating $25 million.
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023
WHEREFORE, pursuant to SCPA § 1804(1), I ask that there be no distribution of estate assets
without retaining estate assets for the satisfaction of a prospective money judgment of
approximately $25 million.
-e"
Sworn to me this )-1 Nei B. c
day of .J 202
Ave5 R S•R0SM AN N(00,
Ft05011
PUBLIC-SSATE OF
lie*
NOTATE' ? 02R0622.6475
$oThF Coonty
No \FM4t1ibibt'esi.
4$40I:000\clIlto\i@§@@--.400i
To: Lee R. Einsidler, Administrator of
The Estate of Aaron Michael Einsidler
585 Grant Road
North Salem, New York 10560
Cc: ROSMAN LEGAL, P.C.
7-11 South Broadway, Suite 308
White Plains, New York 10601
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023
FILE # 2020-2255
SURROGATE’S COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-------------------------------------------------------------------------X
In the Matter of the Estate of
Aaron Michael Einsidler
aka Aaron M. Einsidler,
Deceased.
-------------------------------------------------------------------------X
To:
Lee R. Einsidler, Administrator of
The Estate of Aaron Michael Einsidler
585 Grant Road
North Salem, New York 10560
NOTICE OF CLAIM WITH AFFIDAVIT
PURSUANT TO SCPA § 1804(1)
From:
ROSMAN LEGAL, P.C.
Attorneys for Claimant
7-11 South Broadway, Suite 308
White Plains, New York 10601
(914) 339-9870
COMPLIANCE PURSUANT TO 22 NYCRR §130-1.1-a
To the best of the undersigned’s knowledge, information and belief formed after an inquiry reasonable
under the circumstances, the within document(s) and contentions contained herein are not frivolous as
defined in 22NYCRR §130-1.1-a
______________________________
Steven M. Brunnlehrman, Esq.
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023
SURROGATE'S OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER
AFFIDAVIT OF SERVICE
IN THE MATTER OF THE ESTATE OF Index No:
AARON MICHAEL EINSIDLER FILE #: 2020-2255
AKA AARON M. EINSIDLER
The undersigned being duly sworn, deposes and says; deponent is not a party herein, is over 18 years of age and resides at 5105 Chelsea
Cove North, Hopewell Junction, NY 12533 That on Tue, Aug 03 2021 AT 04:51 PM AT 585 Grant Rd, North Salem, NY 10560 deponent
served the within COVER LETTER FROM STEVEN M BRUNNLEHRMAN, ESQ., DATED AUGUST 2, 2021; AFFIDAVIT SUPPORTING A
CONTINGENT CLAIM AGAINST THE ESTATE PURSUANT TO SCPA 1804(1) on LEE R. EINSIDLER
X Individual: by delivering a true copy of each to said defendant, personally; deponent knew the person so served to be the person
described as said defendant therein.
I I Corporation: a defendant, therein named, by delivering a true copy of each to
personally, deponent knew said corporation so served to be the corporation described, and knew said individual to be
thereof.
I. I Suitable Person: by delivering thereat, a true copy of each to a person of suitable age and discretion.
n Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or
a person of suitable age or discretion thereat, having called thereon; at
Mailing: Deponent also enclosed a copy of same, in a postpaid sealed wrapper properly addressed to said defendant at defendant's
last known residence, , and depositing said wrapper in a post office, official depository under the exclusive
care and custody of the United States Post Office, department, with New York State. Mailed on
Military Service: I asked the person spoken to whether defendant was in active military service of the United States or of the State of
New York in any capacity whatever and received a negative reply. Defendant wore ordinary civilian clothes and no military uniform. The
source of my information and the ground of my belief are the conversations and observations above narrated. Upon information
and belief I aver that the defendant is not in the military service of New York State or of the United States as that term is defined in
either the State or in the Federal statutes.
Description:
Age: 65 Ethnicity: Caucasian Gender: Male Weight: 1'90
Height: 6' Hair: Bald Eyes: Brown Relationship:
Other
Sworn to before me on
Adrian De Carlo Notary Public
LISA FlOSSAK
Notary Public, State of New York
No. 0IRU6i 86114
Qualified In Puto:Im County
Commission Expires Apr. 28, 202-Y
Preview
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023 Exhibit A FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023 R OSMA N L EGA L , P.C. 7-11 S OUTH B ROADWAY /S UITE 308 W HITE P LAINS , N EW Y ORK 10601 P HONE : 914-339-9870 August 2, 2021 Lee R. Einsidler Administrator Estate of Aaron Michael Einsidler 585 Grant Road North Salem, New York 10560 RE: NOTICE OF SCPA 1804(1) CLAIM AGAINST THE ESTATE Dear Mr. Einsidler: Please take notice that our client, Neil B. Rice, holds a contingent and unliquidated claim against the above Estate in the form of damages believed to be approximately $25 million arising from the mistreatment, harassment, and emotional distress suffered by Mr. Rice as the result of behavior and actions of the deceased. Attached please find an affidavit duly sworn to by our client showing the facts upon which the contingent and unliquidated liability is based and the probable amount thereof. Our client has asked us to serve a summons and complaint regarding the above matter, and we will be doing so forthwith. Pursuant to SCPA 1804(1), there shall be no distribution of the estate without the reservation of assets in an amount comparable to said contingent liability. Please provide us with an accounting of the Estate’s assets. Thank you. Very truly yours, J;fi;G.% Steven M. Brunnlehrman Of Counsel FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023 SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER FILE # 2020-2255 X In the Matter of the Estate of AFFIDAVIT SUPPORTING A Aaron Michael Einsidler CONTINGENT CLAIM aka Aaron M. Einsidler, AGAINST THE ESTATE Deceased, PURSUANT TO SCPA 1804(1) X State of New York ) ss.: County of Westchester ) NEIL B. RICE, being duly sworn deposes and states the following to be true under penalty of perjury: 1. I submit this affidavit to Lee R. Einsidler, Administrator of the Estate of Aaron Michael Einsidler (the "Estate"). 2. I have a contingent and unliquidated claim against the above Estate for events that had occurred prior to August 11, 2020, the date of Aaron Einsidler's death. 3. I met Aaron Einsidler ("Aaron") and his wife, Sarah Cohen Einsidler ("Sarah"), in the early winter of 2018 and considered them dear friends. 4. Over time, Aaron's and Sarah's behavior became increasingly erratic, and their interactions emotionally abusive towards your deponent. 5. Upon information and belief, Aaron knew or should have known of your deponent's mental illness and developmental disabilities because the two had spoken of deponent's conditions, and Aaron was a teacher of special needs students. 6. Upon information and belief, Aaron intentionally and/or recklessly exploited deponent's FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023 vulnerabilities as well as deponent's sensitivity towards social interactions. 7. Upon information and belief, Aaron Einsidler took advantage of your deponent's disabilities to exercise undue influence over deponent. 8. Aaron's bullying and harassment of deponent 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. 9. On or about April of 2019, I encountered Lee R. Einsidler at the Shell station located at 848 South Bedford Road and informed him of his son's and daughter-in-law's erratic and concerning behavior directed at me. 10. On or about November 2019, Aaron and Sarah met me on Charles Road in Bedford Corners whereupon they assaulted me and directed me to pull down my pants and masturbate in front of them. 11. Upon information and belief, Aaron took intrusive photos and/or video of me on his phone during their assault. 12. Due to Aaron's assault of me and his invasive video and photographs, I have suffered extreme levels of emotional distress. 13. I am presently requesting that my attorneys serve a summons and complaint upon Lee R. Einsidler, as Administrator of the Estate of Aaron Michael Einsidler, for damages approximating $25 million. FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023 WHEREFORE, pursuant to SCPA § 1804(1), I ask that there be no distribution of estate assets without retaining estate assets for the satisfaction of a prospective money judgment of approximately $25 million. -e" Sworn to me this )-1 Nei B. c day of .J 202 Ave5 R S•R0SM AN N(00, Ft05011 PUBLIC-SSATE OF lie* NOTATE' ? 02R0622.6475 $oThF Coonty No \FM4t1ibibt'esi. 4$40I:000\clIlto\i@§@@--.400i To: Lee R. Einsidler, Administrator of The Estate of Aaron Michael Einsidler 585 Grant Road North Salem, New York 10560 Cc: ROSMAN LEGAL, P.C. 7-11 South Broadway, Suite 308 White Plains, New York 10601 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023 FILE # 2020-2255 SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -------------------------------------------------------------------------X In the Matter of the Estate of Aaron Michael Einsidler aka Aaron M. Einsidler, Deceased. -------------------------------------------------------------------------X To: Lee R. Einsidler, Administrator of The Estate of Aaron Michael Einsidler 585 Grant Road North Salem, New York 10560 NOTICE OF CLAIM WITH AFFIDAVIT PURSUANT TO SCPA § 1804(1) From: ROSMAN LEGAL, P.C. Attorneys for Claimant 7-11 South Broadway, Suite 308 White Plains, New York 10601 (914) 339-9870 COMPLIANCE PURSUANT TO 22 NYCRR §130-1.1-a To the best of the undersigned’s knowledge, information and belief formed after an inquiry reasonable under the circumstances, the within document(s) and contentions contained herein are not frivolous as defined in 22NYCRR §130-1.1-a ______________________________ Steven M. Brunnlehrman, Esq. FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 176 RECEIVED NYSCEF: 08/10/2023 SURROGATE'S OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER AFFIDAVIT OF SERVICE IN THE MATTER OF THE ESTATE OF Index No: AARON MICHAEL EINSIDLER FILE #: 2020-2255 AKA AARON M. EINSIDLER The undersigned being duly sworn, deposes and says; deponent is not a party herein, is over 18 years of age and resides at 5105 Chelsea Cove North, Hopewell Junction, NY 12533 That on Tue, Aug 03 2021 AT 04:51 PM AT 585 Grant Rd, North Salem, NY 10560 deponent served the within COVER LETTER FROM STEVEN M BRUNNLEHRMAN, ESQ., DATED AUGUST 2, 2021; AFFIDAVIT SUPPORTING A CONTINGENT CLAIM AGAINST THE ESTATE PURSUANT TO SCPA 1804(1) on LEE R. EINSIDLER X Individual: by delivering a true copy of each to said defendant, personally; deponent knew the person so served to be the person described as said defendant therein. I I Corporation: a defendant, therein named, by delivering a true copy of each to personally, deponent knew said corporation so served to be the corporation described, and knew said individual to be thereof. I. I Suitable Person: by delivering thereat, a true copy of each to a person of suitable age and discretion. n Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a person of suitable age or discretion thereat, having called thereon; at Mailing: Deponent also enclosed a copy of same, in a postpaid sealed wrapper properly addressed to said defendant at defendant's last known residence, , and depositing said wrapper in a post office, official depository under the exclusive care and custody of the United States Post Office, department, with New York State. Mailed on Military Service: I asked the person spoken to whether defendant was in active military service of the United States or of the State of New York in any capacity whatever and received a negative reply. Defendant wore ordinary civilian clothes and no military uniform. The source of my information and the ground of my belief are the conversations and observations above narrated. Upon information and belief I aver that the defendant is not in the military service of New York State or of the United States as that term is defined in either the State or in the Federal statutes. Description: Age: 65 Ethnicity: Caucasian Gender: Male Weight: 1'90 Height: 6' Hair: Bald Eyes: Brown Relationship: Other Sworn to before me on Adrian De Carlo Notary Public LISA FlOSSAK Notary Public, State of New York No. 0IRU6i 86114 Qualified In Puto:Im County Commission Expires Apr. 28, 202-Y