On January 05, 2022 a
Motion-Secondary
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.
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FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 04/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
Index No. 61665/2021
NEIL B. RICE,
Hon. Hal B. Greenwald
Plaintiff,
Mot. Seq. No. 6
-against-
AFFIRMATION OF JONATHAN
LEE R. EINSIDLER, as Administrator of the Estate
OHRING IN OPPOSITION TO
of Aaron M. Einsidler,
PLAINTIFF’S MOTION AND IN
SUPPORT OF DEFENDANT’S
Defendant.
CROSS-MOTION
Jonathan Ohring, an attorney admitted to practice law in the courts of the State of New
York, hereby affirms under penalty of perjury as follows:
1. I am an attorney with Yankwitt LLP, counsel for defendant Lee R. Einsidler, as
administrator of the Estate of Aaron M. Einsidler (“Defendant”), in the above-captioned action.1
2. I submit this affirmation in support of Defendant’s opposition to plaintiff Neil B.
Rice’s (“Plaintiff”) motion to quash subpoena and/or obtain a protective order with respect to the
subpoena served by Defendant on Silvestro Spagnuolo (the “Motion”) and in support of
Defendant’s cross-motion to compel discovery (the “Cross-Motion”). I make this affirmation on
my own personal knowledge and upon review of the files in this matter.
3. On May 18, 2022, Defendant served his First Request for the Production of
Documents and Things on Plaintiff. A true and correct copy is attached hereto as Exhibit A.
1
Capitalized terms not otherwise defined herein have the meanings ascribed to them in Defendant’s Memorandum of
Law in Opposition to Motion to Quash Subpoena and/or Obtain a Protective Order and in Support of Cross-Motion
to Compel, filed contemporaneously herewith.
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FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 04/28/2023
4. On June 24, 2022, Plaintiff served his Response to Defendant’s First Request for
the Production of Documents and Things on Defendant. A true and correct copy is attached hereto
as Exhibit B.
5. On September 2, 2022, Defendant served his Second Request for the Production of
Documents and Things on Plaintiff (the “Second RFPs”). A true and correct copy is attached
hereto as Exhibit C.
6. Plaintiff did not provide any written response to the Second RFPs.
7. On September 2, 2022, Defendant served a Subpoena Duces Tecum on NBR
Properties LLC (the “NBR Properties Subpoena”). A true and correct copy is attached hereto as
Exhibit D.
8. Neither NBR Properties nor Plaintiff served any objection to the NBR Properties
Subpoena.
9. On September 16, 2022, Plaintiff’s counsel sent the undersigned an email indicating
that Plaintiff was “collecting the documents” responsive to the NBR Properties Subpoena and
requested “an additional two weeks” to produce such documents. A true and correct copy of the
email is attached hereto as Exhibit E.
10. On October 11, 2022, Plaintiff’s counsel sent the undersigned an email indicating
they “need[ed] a few more weeks” to produce the documents. A true and correct copy of the email
is attached hereto as Exhibit F.
11. On January 19, 2023, the undersigned sent an email to Plaintiff’s counsel inquiring
as to the status of the documents that Plaintiff’s counsel had indicated they were collecting months
earlier. That same day, Plaintiff’s counsel by email that “they are still working on the tax returns
for NBR.” A true and correct copy of the email thread is attached hereto as Exhibit G.
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FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 04/28/2023
12. On March 6, 2023, Plaintiff produced the Tax Returns, which consist of federal and
New York state income tax returns prepared by Silvestro Spagnuolo on behalf of Rice for the tax
years 2017-2021, all of which were signed by Spagnuolo on March 1, 2023. A true and correct
copy is attached hereto as Exhibit H.
13. Other than the Tax Returns, Plaintiff has not produced any documents purporting
to show his rental income from his real properties or the amount of medical expenses he incurred
prior to or after the alleged assault.
14. On March 8, 2023, the undersigned sent Plaintiff’s counsel an email requesting that
Plaintiff produce all documents in his possession, custody, or control that were transmitted to
Spagnuolo or were used to prepare the Tax Returns or support the information therein. A true and
correct copy of the email is attached hereto as Exhibit I.
15. Plaintiff’s counsel did not respond to the March 8, 2023 email.
16. On March 17, 2023, the undersigned sent a follow-up email to Plaintiff’s counsel,
inquiring as to when those documents would be produced. See Ex. I.
17. Again, Plaintiff’s counsel did not respond.
18. Spagnuolo did not assert any objection to the Subpoena.
Dated: April 28, 2023
White Plains, New York
_________________________
Jonathan Ohring, Esq.
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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. 147 RECEIVED NYSCEF: 04/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Index No. 61665/2021 NEIL B. RICE, Hon. Hal B. Greenwald Plaintiff, Mot. Seq. No. 6 -against- AFFIRMATION OF JONATHAN LEE R. EINSIDLER, as Administrator of the Estate OHRING IN OPPOSITION TO of Aaron M. Einsidler, PLAINTIFF’S MOTION AND IN SUPPORT OF DEFENDANT’S Defendant. CROSS-MOTION Jonathan Ohring, an attorney admitted to practice law in the courts of the State of New York, hereby affirms under penalty of perjury as follows: 1. I am an attorney with Yankwitt LLP, counsel for defendant Lee R. Einsidler, as administrator of the Estate of Aaron M. Einsidler (“Defendant”), in the above-captioned action.1 2. I submit this affirmation in support of Defendant’s opposition to plaintiff Neil B. Rice’s (“Plaintiff”) motion to quash subpoena and/or obtain a protective order with respect to the subpoena served by Defendant on Silvestro Spagnuolo (the “Motion”) and in support of Defendant’s cross-motion to compel discovery (the “Cross-Motion”). I make this affirmation on my own personal knowledge and upon review of the files in this matter. 3. On May 18, 2022, Defendant served his First Request for the Production of Documents and Things on Plaintiff. A true and correct copy is attached hereto as Exhibit A. 1 Capitalized terms not otherwise defined herein have the meanings ascribed to them in Defendant’s Memorandum of Law in Opposition to Motion to Quash Subpoena and/or Obtain a Protective Order and in Support of Cross-Motion to Compel, filed contemporaneously herewith. 1 of 3 FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 04/28/2023 4. On June 24, 2022, Plaintiff served his Response to Defendant’s First Request for the Production of Documents and Things on Defendant. A true and correct copy is attached hereto as Exhibit B. 5. On September 2, 2022, Defendant served his Second Request for the Production of Documents and Things on Plaintiff (the “Second RFPs”). A true and correct copy is attached hereto as Exhibit C. 6. Plaintiff did not provide any written response to the Second RFPs. 7. On September 2, 2022, Defendant served a Subpoena Duces Tecum on NBR Properties LLC (the “NBR Properties Subpoena”). A true and correct copy is attached hereto as Exhibit D. 8. Neither NBR Properties nor Plaintiff served any objection to the NBR Properties Subpoena. 9. On September 16, 2022, Plaintiff’s counsel sent the undersigned an email indicating that Plaintiff was “collecting the documents” responsive to the NBR Properties Subpoena and requested “an additional two weeks” to produce such documents. A true and correct copy of the email is attached hereto as Exhibit E. 10. On October 11, 2022, Plaintiff’s counsel sent the undersigned an email indicating they “need[ed] a few more weeks” to produce the documents. A true and correct copy of the email is attached hereto as Exhibit F. 11. On January 19, 2023, the undersigned sent an email to Plaintiff’s counsel inquiring as to the status of the documents that Plaintiff’s counsel had indicated they were collecting months earlier. That same day, Plaintiff’s counsel by email that “they are still working on the tax returns for NBR.” A true and correct copy of the email thread is attached hereto as Exhibit G. 2 2 of 3 FILED: WESTCHESTER COUNTY CLERK 04/28/2023 05:18 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 147 RECEIVED NYSCEF: 04/28/2023 12. On March 6, 2023, Plaintiff produced the Tax Returns, which consist of federal and New York state income tax returns prepared by Silvestro Spagnuolo on behalf of Rice for the tax years 2017-2021, all of which were signed by Spagnuolo on March 1, 2023. A true and correct copy is attached hereto as Exhibit H. 13. Other than the Tax Returns, Plaintiff has not produced any documents purporting to show his rental income from his real properties or the amount of medical expenses he incurred prior to or after the alleged assault. 14. On March 8, 2023, the undersigned sent Plaintiff’s counsel an email requesting that Plaintiff produce all documents in his possession, custody, or control that were transmitted to Spagnuolo or were used to prepare the Tax Returns or support the information therein. A true and correct copy of the email is attached hereto as Exhibit I. 15. Plaintiff’s counsel did not respond to the March 8, 2023 email. 16. On March 17, 2023, the undersigned sent a follow-up email to Plaintiff’s counsel, inquiring as to when those documents would be produced. See Ex. I. 17. Again, Plaintiff’s counsel did not respond. 18. Spagnuolo did not assert any objection to the Subpoena. Dated: April 28, 2023 White Plains, New York _________________________ Jonathan Ohring, Esq. 3 3 of 3