Preview
FILED: WESTCHESTER COUNTY CLERK 12/27/2023 03:44 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 12/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
----------------------------------------------------------------------X Index # 61665/2021
NEIL B. RICE,
Plaintiff,
-against-
LEE R. EINSIDLER, NOTICE OF ENTRY
As Administrator of the Estate of
Aaron Michael Einsidler aka
Aaron M. Einsidler
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE that annexed hereto is a true copy of a DECISION AND ORDER in
the above-captioned case, which was entered on December 27, 2023, by the HON. ROBERT S.
ONDROVIC, J.S.C. IN THE ABSENCE OF JUSTICE GREENWALD, and filed with the Clerk
on that same day.
Dated: Bronx, New York
December 27, 2023
ROSMAN LEGAL, P.C.
Attorneys for Plaintiff
______________________________
By: Steven M. Brunnlehrman, Esq.
Of Counsel
Rosman Legal, P.C.
635 Minnieford Ave., Top Fl.
Bronx, New York 10464-1143
(914) 980-3679
To: YANKWITT LLP
Attorneys for Defendant
140 Grand Street, Suite 705
White Plains, NY 10601
(914) 686-1500
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 03:44 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 221
220 RECEIVED NYSCEF: 12/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-----------------------------------------------------------------X
NEIL B. RICE, Index No.: 61665/2021
Plaintiff,
-against-
DECISION & ORDER
LEE R. EINSIDLER, (Motion Sequences 8 & 9)
As Administrator of the Estate of
Aaron Michael Einsidler aka
Aaron M. Einsidler
Defendant.
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Greenwald, J.
The Court has read and or reviewed the following NYSCEF documents in reaching the
within Decision and Order:
NYSCEF document numbers: 1, 161 – 165, 167 – 200, 206 – 210
This is an action for money damages for intentional and negligent infliction of emotional
distress, prima facie tort, assault, and battery.
By order to show cause (Motion Seq. #8), Rosman Legal, P.C. seeks to be relieved as Plaintiff’s
counsel with a stay of proceedings to permit the retaining of new counsel by Plaintiff.
Defendant expresses no objection to Rosman Legal, P.C.’s request to be relieved as Plaintiff’s
counsel but cross-moves (Motion Seq. #9) for summary judgment in favor of Defendant and
dismissal of the Complaint in its entirety, along with an award in favor of Defendant directing
Plaintiff Neil B. Rice to reimburse Defendant for his attorney’s fees and costs incurred in this
action pursuant to N.Y. Comp. Codes R. & Regs. Tit. 22 § 130-1.1 (Part 130) and CPLR § 8303-
a.
By reason of the foregoing, it is hereby
ORDERED that Rosman Legal P.C.’s motion to be relieved as counsel (Motion Seq.#8) is
GRANTED; and it is further,
ORDERED that decision on Defendant’s cross-motion for summary judgment and dismissal
(Motion Seq. #9) is reserved as Plaintiff remains without counsel at this time; and it is further,
ORDERED that all proceedings in this case matter are stayed until January 4, 2024, at which
time Plaintiff must appear pro se or with new counsel at the Status Conference scheduled for
9:30 AM of that day in Courtroom 1201; and it is further,
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 03:44 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 221
220 RECEIVED NYSCEF: 12/27/2023
ORDERED that failure by Parties to appear at the Status Conference on January 4, 2024 may
result in the entry of a default judgment or dismissal. Persons appearing at the conference must
have full knowledge of the facts and status of the case and be prepared to engage in a meaningful
conference. If a party is self-represented, or not receiving NYSCEF notifications, opposing
counsel must advise said Party(ies) in writing of the date, time, and manner of the appearance
and upload same to NYSCEF.
The foregoing constitutes the decision and order of this Court.
Dated: White Plains, New York
December 27, 2023
ENTER:
Hon. Hal B. Greenwald
________________
Hon. Hal B. Greenwald, J.S.C
by
______________________________
Hon. Robert S. Ondrovic, J.S.C. in
the absence of Justice Greenwald
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 03:44 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 221 RECEIVED NYSCEF: 12/27/2023
Index No. 61665/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
NEIL B. RICE,
Plaintiff,
-against-
LEE R. EINSIDLER,
As Administrator
Estate of Aaron Michael Einsidler
Defendant.
NOTICE OF ENTRY
ROSMAN LEGAL P.C.
635 Minnieford Ave., Top Fl.
Bronx, New York 10464-1143
(914) 980-3679
ROSMAN LEGAL, P.C.
Receipt Acknowledged: By Steven M. Brunnlehrman, Esq,
635 Minnieford Ave., Top Fl.
Bronx, New York 10464-1143
_______________________________ (914) 980-3679
Print Name: Date steve@rosmanlegal.com
Attorney Certification (Rule 130-1.1)
To: YANKWITT LLP Steven M. Brunnlehrman, Esq.
Attorneys for Defendant
140 Grand Street, Suite 705
White Plains, NY 10601
(914) 686-1500
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