Preview
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023
Exhibit D
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
NEIL B. RICE,
Plaintiff, Index No. 61665/2021
-against- Hon. Damaris Torrent
LEE R. EINSIDLER As Administrator of Estate of DEFENDANT’S FIRST
Aaron M. Einsidler, REQUEST FOR THE
PRODUCTION OF
Defendant. DOCUMENTS AND THINGS
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules, defendant Lee R. Einsidler As Administrator of Estate of Aaron M. Einsidler (“Defendant”),
by and through his attorneys, Yankwitt LLP, hereby demands that plaintiff Neil B. Rice
(“Plaintiff”) produce the following documents and things within thirty (30) days of service hereof.
INSTRUCTIONS AND DEFINITIONS
1. These document requests constitute a continuing request for information responsive
thereto pursuant to CPLR 3101(h). You must amend or supplement a prior production of
documents if you obtain information or documents that cause or should cause you to know that the
production, though complete when made, is no longer complete and circumstances are such that a
failure to amend or supplement the production will conceal facts.
2. If any document, or any portion of any document, is withheld under claim of
attorney-client privilege or upon any other ground, you must furnish a list, signed by the person
supervising the response to this request, identifying each document withheld and stating with
respect to each:
a. the date and number of pages of the document and the identities of its
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023
author, addressee, and each person to whom copies were sent or were to be sent;
b. the subject matter of the document;
c. the identity of each person to whom the document, its contents, or any
portion thereof is known or has been disclosed;
d. if the document is withheld on the grounds of attorney-client privilege;
i. each basis for such claim of privilege, and
ii. the identity of each person who was privy to any asserted privileged
communication reflected in the document; and
e. if the document is withheld on any ground other than attorney-client
privilege, each basis which you contend justifies your withholding the document.
3. Documents produced shall be segregated and marked according to the request(s) in
response to which they are produced.
4. All Documents shall be produced in the form in which they are maintained.
Documents in electronic form are to be produced in native format.
5. A request for a Document shall be deemed to include a request for any and all file
folders within which the Document was contained, transmittal sheets, cover letters, exhibits,
enclosures, and/or attachments to the Documents, in addition to the Document itself.
6. If you claim any ambiguity in interpreting any document request or any definition
or instruction applicable to a document request, you may not use such a claim as a basis for refusing
to respond to the document request but shall respond to the document request applying the broadest
possible interpretation.
7. “Action” means the above-captioned matter, Rice v. Einsidler, Index No.
61665/2021.
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FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023
8. “Complaint” means the Complaint filed by You in the Action on August 25, 2021.
9. “You,” “Your,” and “Plaintiff” mean Neil B. Rice and any of his successors,
assigns, employees, agents, attorneys, and representatives, and anyone else purporting to act on
his behalf.
10. “Defendant” means Lee R. Einsidler.
11. “Aaron” means Aaron M. Einsidler.
12. “Sara” mean Sara Cohen Einsidler.
13. “Communication” means every contact of any nature from one person to another,
whether made orally, in writing, or otherwise, and any evidence of such contact, including but not
limited to any correspondence, memoranda, notes, diaries, daily calendars, electronic mail
messages, voicemail messages, text messages, “instant messages,” computer files, electronic or
magnetic media, or other documents.
14. “Concerning” means referring to, reflecting, describing, discussing, evidencing, or
constituting, in any way, directly or indirectly. Without limiting the scope of the foregoing
definition, “all documents concerning” a particular subject matter includes all documents that
comprise, record, memorialize, discuss, evaluate, report on, were reviewed in connection with, or
were generated as a result of that subject matter.
15. “Document” or “documents” will have the full meaning ascribed to them in CPLR
3101(a) & 3120, including, without limitation, any and all writings, personal notes, e-mail,
facsimiles, telegrams, studies, calendars, diaries, appointment books, agendas, minutes, notes,
instructions, data, notices, drafts, voicemail messages, graphs, charts, sketches, diagrams,
drawings, plans, specifications, blueprints, forms, contracts, agreements, appraisals, summaries or
records of telephone conversations, summaries or records of personal conversations or interviews,
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NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023
summaries, records or minutes of meetings or conferences, publications, journals, notebooks,
evaluations, opinions or reports of consultants or experts, projections, work papers, summaries,
reports, surveys, studies, logs, message slips, billing records, invoices, purchase orders, checks
(front and back), correspondence, financial or statistical statements or compilations, balance
sheets, accounting entries, tax returns, loan documents, photographs, video recordings, audio
recordings, films, and all other written or graphic material of any nature whatsoever, in your
possession, custody or control. A draft or non-identical copy of a document is a separate document
within the meaning of this term. A document includes all attachments, whether by staple, clip,
rubber band, or binding, and all appended or embedded links or files. The term “document”
includes “communication.”
16. “Person” includes individuals, groups, organizations, and entities.
17. The singular includes the plural and vice versa. The masculine includes the
feminine and neuter genders, and vice versa. The past tense includes the present tense where the
clear meaning is not distorted by a change of tense.
18. The terms “all” and “each” shall be construed as all and each. The connectives
“and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within
the scope of the discovery request all responses that might otherwise be construed to be outside of
its scope.
19. The term “including” shall be construed to mean “without limitation.”
20. References to any entity (e.g., corporation, partnership, limited partnership, limited
liability company, etc.) shall be deemed to include that entity’s subsidiaries, affiliates, divisions,
successors, and assigns, and its and their respective employees, agents, officers, directors,
attorneys, representatives, and successors.
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21. These requests do not seek any portion of a document or communication that
reflects an attorney’s mental impressions, conclusions, or opinions, nor does it seek any privileged
communications to or from counsel. This request does, however, seek, without limitation, all non-
privileged portions of any document or communication that also contains privileged information
or communications.
22. Unless otherwise stated, the relevant time period applicable to these Requests is
January 1, 2007 to the present.
DOCUMENTS TO BE PRODUCED
Request No. 1: All documents and communications concerning any meeting or
communication between or among You and Aaron and/or Sara.
Request No. 2: All documents and communications concerning any physical and/or mental
injuries Plaintiff allegedly suffered as a result of his interactions with Aaron and/or Sara.
Request No. 3: All documents and communications concerning any physical and/or mental
disease, illness, disability, or injury suffered by Plaintiff, including any documents and
communications concerning treatment for any such disease, illness, disability, or injury.
Request No. 4: All documents and communications concerning any drug- or alcohol-
related treatment undergone by or recommended to Plaintiff.
Request No. 5: All documents and communications concerning any arrests, criminal
charges, criminal convictions, or criminal conduct of Plaintiff.
Request No. 6: All documents and communications concerning Plaintiff’s employment.
Request No. 7: All documents and communications concerning or purporting to support
any allegations or causes of action in the Complaint.
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NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023
Request No. 8: All documents provided to or received from any expert witness that You
intend to call at trial.
Request No. 9: All documents that You will or may use or seek to use in any deposition,
hearing, and/or trial of this action.
Dated: May 18, 2022
White Plains, New York
YANKWITT LLP
By:
Russell M. Yankwitt
Benjamin C. Fishman
140 Grand Street, Suite 705
White Plains, New York 10601
Tel: (914) 686-1500
russell@yankwitt.com
bfishman@yankwitt.com
Attorneys for Defendant Lee R. Einsidler
TO: Steven M. Brunnlehrman, Esq.
Robert Rosman, Esq.
Rosman Legal, P.C.
7-11 S. Broadway, Suite 308
White Plains, New York 10601
(914) 339-9870
steve@rosmanlegal.com
rob@rosmanlegal.com
Attorneys for Plaintiff
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FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023
CERTIFICATE OF SERVICE
I, Diamond Dorn of Yankwitt LLP, hereby certify that a true and correct copy of the
foregoing Request for the Production of Documents and Things was provided by email and first-
class mail to:
Steven M. Brunnlehrman, Esq.
Robert Rosman, Esq.
Rosman Legal, P.C.
7-11 S. Broadway, Suite 308
White Plains, New York 10601
(914) 339-9870
steve@rosmanlegal.com
rob@rosmanlegal.com
Attorneys for Plaintiff
Dated: May 18, 2022
White Plains, New York
YANKWITT LLP
By: ____________________
Diamond Dorn
140 Grand Street, Suite 705
White Plains, New York 10601
Tel: (914) 686-1500
Fax: (914) 487-5000
7
Preview
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023 Exhibit D FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER NEIL B. RICE, Plaintiff, Index No. 61665/2021 -against- Hon. Damaris Torrent LEE R. EINSIDLER As Administrator of Estate of DEFENDANT’S FIRST Aaron M. Einsidler, REQUEST FOR THE PRODUCTION OF Defendant. DOCUMENTS AND THINGS PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, defendant Lee R. Einsidler As Administrator of Estate of Aaron M. Einsidler (“Defendant”), by and through his attorneys, Yankwitt LLP, hereby demands that plaintiff Neil B. Rice (“Plaintiff”) produce the following documents and things within thirty (30) days of service hereof. INSTRUCTIONS AND DEFINITIONS 1. These document requests constitute a continuing request for information responsive thereto pursuant to CPLR 3101(h). You must amend or supplement a prior production of documents if you obtain information or documents that cause or should cause you to know that the production, though complete when made, is no longer complete and circumstances are such that a failure to amend or supplement the production will conceal facts. 2. If any document, or any portion of any document, is withheld under claim of attorney-client privilege or upon any other ground, you must furnish a list, signed by the person supervising the response to this request, identifying each document withheld and stating with respect to each: a. the date and number of pages of the document and the identities of its FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023 author, addressee, and each person to whom copies were sent or were to be sent; b. the subject matter of the document; c. the identity of each person to whom the document, its contents, or any portion thereof is known or has been disclosed; d. if the document is withheld on the grounds of attorney-client privilege; i. each basis for such claim of privilege, and ii. the identity of each person who was privy to any asserted privileged communication reflected in the document; and e. if the document is withheld on any ground other than attorney-client privilege, each basis which you contend justifies your withholding the document. 3. Documents produced shall be segregated and marked according to the request(s) in response to which they are produced. 4. All Documents shall be produced in the form in which they are maintained. Documents in electronic form are to be produced in native format. 5. A request for a Document shall be deemed to include a request for any and all file folders within which the Document was contained, transmittal sheets, cover letters, exhibits, enclosures, and/or attachments to the Documents, in addition to the Document itself. 6. If you claim any ambiguity in interpreting any document request or any definition or instruction applicable to a document request, you may not use such a claim as a basis for refusing to respond to the document request but shall respond to the document request applying the broadest possible interpretation. 7. “Action” means the above-captioned matter, Rice v. Einsidler, Index No. 61665/2021. 2 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023 8. “Complaint” means the Complaint filed by You in the Action on August 25, 2021. 9. “You,” “Your,” and “Plaintiff” mean Neil B. Rice and any of his successors, assigns, employees, agents, attorneys, and representatives, and anyone else purporting to act on his behalf. 10. “Defendant” means Lee R. Einsidler. 11. “Aaron” means Aaron M. Einsidler. 12. “Sara” mean Sara Cohen Einsidler. 13. “Communication” means every contact of any nature from one person to another, whether made orally, in writing, or otherwise, and any evidence of such contact, including but not limited to any correspondence, memoranda, notes, diaries, daily calendars, electronic mail messages, voicemail messages, text messages, “instant messages,” computer files, electronic or magnetic media, or other documents. 14. “Concerning” means referring to, reflecting, describing, discussing, evidencing, or constituting, in any way, directly or indirectly. Without limiting the scope of the foregoing definition, “all documents concerning” a particular subject matter includes all documents that comprise, record, memorialize, discuss, evaluate, report on, were reviewed in connection with, or were generated as a result of that subject matter. 15. “Document” or “documents” will have the full meaning ascribed to them in CPLR 3101(a) & 3120, including, without limitation, any and all writings, personal notes, e-mail, facsimiles, telegrams, studies, calendars, diaries, appointment books, agendas, minutes, notes, instructions, data, notices, drafts, voicemail messages, graphs, charts, sketches, diagrams, drawings, plans, specifications, blueprints, forms, contracts, agreements, appraisals, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, 3 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023 summaries, records or minutes of meetings or conferences, publications, journals, notebooks, evaluations, opinions or reports of consultants or experts, projections, work papers, summaries, reports, surveys, studies, logs, message slips, billing records, invoices, purchase orders, checks (front and back), correspondence, financial or statistical statements or compilations, balance sheets, accounting entries, tax returns, loan documents, photographs, video recordings, audio recordings, films, and all other written or graphic material of any nature whatsoever, in your possession, custody or control. A draft or non-identical copy of a document is a separate document within the meaning of this term. A document includes all attachments, whether by staple, clip, rubber band, or binding, and all appended or embedded links or files. The term “document” includes “communication.” 16. “Person” includes individuals, groups, organizations, and entities. 17. The singular includes the plural and vice versa. The masculine includes the feminine and neuter genders, and vice versa. The past tense includes the present tense where the clear meaning is not distorted by a change of tense. 18. The terms “all” and “each” shall be construed as all and each. The connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 19. The term “including” shall be construed to mean “without limitation.” 20. References to any entity (e.g., corporation, partnership, limited partnership, limited liability company, etc.) shall be deemed to include that entity’s subsidiaries, affiliates, divisions, successors, and assigns, and its and their respective employees, agents, officers, directors, attorneys, representatives, and successors. 4 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023 21. These requests do not seek any portion of a document or communication that reflects an attorney’s mental impressions, conclusions, or opinions, nor does it seek any privileged communications to or from counsel. This request does, however, seek, without limitation, all non- privileged portions of any document or communication that also contains privileged information or communications. 22. Unless otherwise stated, the relevant time period applicable to these Requests is January 1, 2007 to the present. DOCUMENTS TO BE PRODUCED Request No. 1: All documents and communications concerning any meeting or communication between or among You and Aaron and/or Sara. Request No. 2: All documents and communications concerning any physical and/or mental injuries Plaintiff allegedly suffered as a result of his interactions with Aaron and/or Sara. Request No. 3: All documents and communications concerning any physical and/or mental disease, illness, disability, or injury suffered by Plaintiff, including any documents and communications concerning treatment for any such disease, illness, disability, or injury. Request No. 4: All documents and communications concerning any drug- or alcohol- related treatment undergone by or recommended to Plaintiff. Request No. 5: All documents and communications concerning any arrests, criminal charges, criminal convictions, or criminal conduct of Plaintiff. Request No. 6: All documents and communications concerning Plaintiff’s employment. Request No. 7: All documents and communications concerning or purporting to support any allegations or causes of action in the Complaint. 5 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023 Request No. 8: All documents provided to or received from any expert witness that You intend to call at trial. Request No. 9: All documents that You will or may use or seek to use in any deposition, hearing, and/or trial of this action. Dated: May 18, 2022 White Plains, New York YANKWITT LLP By: Russell M. Yankwitt Benjamin C. Fishman 140 Grand Street, Suite 705 White Plains, New York 10601 Tel: (914) 686-1500 russell@yankwitt.com bfishman@yankwitt.com Attorneys for Defendant Lee R. Einsidler TO: Steven M. Brunnlehrman, Esq. Robert Rosman, Esq. Rosman Legal, P.C. 7-11 S. Broadway, Suite 308 White Plains, New York 10601 (914) 339-9870 steve@rosmanlegal.com rob@rosmanlegal.com Attorneys for Plaintiff 6 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 179 RECEIVED NYSCEF: 08/10/2023 CERTIFICATE OF SERVICE I, Diamond Dorn of Yankwitt LLP, hereby certify that a true and correct copy of the foregoing Request for the Production of Documents and Things was provided by email and first- class mail to: Steven M. Brunnlehrman, Esq. Robert Rosman, Esq. Rosman Legal, P.C. 7-11 S. Broadway, Suite 308 White Plains, New York 10601 (914) 339-9870 steve@rosmanlegal.com rob@rosmanlegal.com Attorneys for Plaintiff Dated: May 18, 2022 White Plains, New York YANKWITT LLP By: ____________________ Diamond Dorn 140 Grand Street, Suite 705 White Plains, New York 10601 Tel: (914) 686-1500 Fax: (914) 487-5000 7