On January 05, 2022 a
Party Notice
was filed
involving a dispute between
R.D. Geronimo, Ltd,
Richard J. Digeronimo,
and
Archstone Group Nyc Llc,
Michael Miller,
Property Analytix, Llc,
Royce Ashton Rowles,
Ryan Lin,
for Commercial Division - Contract
in the District Court of Nassau County.
Preview
FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 04/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
NEIL B. RICE, Index No. 61665/2021
Plaintiff, Hon. Hal B. Greenwald
-against- Mot. Seq. No. 6
LEE R. EINSIDLER, as Administrator of the Estate NOTICE OF DEFENDANT’S
of Aaron M. Einsidler, CROSS-MOTION TO COMPEL
THE PRODUCTION OF
Defendant. DOCUMENTS AND THINGS
PLEASE TAKE NOTICE, that upon the annexed Memorandum of Law, dated April 28,
2023; the annexed Affirmation of Jonathan Ohring, dated April 28, 2023, and the exhibits thereto;
and all prior pleadings and proceedings in this action, defendant Lee R. Einsidler, as administrator
of the Estate of Aaron M. Einsidler (“Defendant”), will move this Court, in the Motion Support
Office at the Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York
10601, at 9:30 a.m. on May 8, 2023, or as soon thereafter as counsel may be heard, for an order
pursuant to CPLR 3101 and CPLR 3124 compelling non-party Silvestro Spagnuolo to produce
documents responsive to the Subpoena Duces Tecum, dated March 14, 2023, issued by Defendant
in this action, and further compelling plaintiff Neil B. Rice (“Plaintiff”) to produce all documents
in his possession, custody, or control that were transmitted to Spagnuolo by Plaintiff or his counsel
or which were used to prepare the Tax Returns (as defined in the Memorandum of Law) or support
the information therein, or, in the alternative, precluding Plaintiff from introducing evidence of
damages at summary judgment or trial.
1 of 2
FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 04/28/2023
PLEASE TAKE FURTHER NOTICE that pursuant to the Stipulation between the
parties, filed with the Court on April 11, 2023 (Doc. No. 134), Plaintiff’s answering papers are
required to be served and filed via NYSCEF no later than May 5, 2023.
Dated: April 28, 2023
White Plains, New York
YANKWITT LLP
By: _______________________________
Russell M. Yankwitt
Jonathan Ohring
140 Grand Street, Suite 705
White Plains, New York 10601
Tel: (914) 686-1500
russell@yankwitt.com
jonathan@yankwitt.com
Attorneys for Defendant Lee R. Einsidler
2
2 of 2
Document Filed Date
April 28, 2023
Case Filing Date
January 05, 2022
Category
Commercial Division - Contract
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FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 04/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER NEIL B. RICE, Index No. 61665/2021 Plaintiff, Hon. Hal B. Greenwald -against- Mot. Seq. No. 6 LEE R. EINSIDLER, as Administrator of the Estate NOTICE OF DEFENDANT’S of Aaron M. Einsidler, CROSS-MOTION TO COMPEL THE PRODUCTION OF Defendant. DOCUMENTS AND THINGS PLEASE TAKE NOTICE, that upon the annexed Memorandum of Law, dated April 28, 2023; the annexed Affirmation of Jonathan Ohring, dated April 28, 2023, and the exhibits thereto; and all prior pleadings and proceedings in this action, defendant Lee R. Einsidler, as administrator of the Estate of Aaron M. Einsidler (“Defendant”), will move this Court, in the Motion Support Office at the Courthouse located at 111 Dr. Martin Luther King Jr. Blvd., White Plains, New York 10601, at 9:30 a.m. on May 8, 2023, or as soon thereafter as counsel may be heard, for an order pursuant to CPLR 3101 and CPLR 3124 compelling non-party Silvestro Spagnuolo to produce documents responsive to the Subpoena Duces Tecum, dated March 14, 2023, issued by Defendant in this action, and further compelling plaintiff Neil B. Rice (“Plaintiff”) to produce all documents in his possession, custody, or control that were transmitted to Spagnuolo by Plaintiff or his counsel or which were used to prepare the Tax Returns (as defined in the Memorandum of Law) or support the information therein, or, in the alternative, precluding Plaintiff from introducing evidence of damages at summary judgment or trial. 1 of 2 FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 04/28/2023 PLEASE TAKE FURTHER NOTICE that pursuant to the Stipulation between the parties, filed with the Court on April 11, 2023 (Doc. No. 134), Plaintiff’s answering papers are required to be served and filed via NYSCEF no later than May 5, 2023. Dated: April 28, 2023 White Plains, New York YANKWITT LLP By: _______________________________ Russell M. Yankwitt Jonathan Ohring 140 Grand Street, Suite 705 White Plains, New York 10601 Tel: (914) 686-1500 russell@yankwitt.com jonathan@yankwitt.com Attorneys for Defendant Lee R. Einsidler 2 2 of 2