Preview
FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023
R OSMA N L EGA L , P.C.
635 M INNIEFORD A VENUE
B RONX , NY 10464-1143
P HONE : 914-980-3679
VIA NYSCEF and EMAIL
December 27, 2023
The Honorable Hal B. Greenwald, J.S.C.
Westchester County Courthouse
111 Dr. Martin Luther King Jr. Blvd
Courtroom 1201
White Plains, New York 10601
RE: Neil Rice, Plaintiff v. Lee Einsidler, Defendant: 61665/2021
To the Honorable Justice Greenwald:
We had been representing Plaintiff Neil Rice in the above captioned matter prior to Your Honor’s
granting, on November 8, 2023, our application for leave to withdraw as counsel for Plaintiff Rice.
Pursuant to Your Honor’s instructions on November 10, 2023 we submitted duplicate proposed
orders reflecting Your Honor’s Decision and Order of November 8, 2023 (NYSCEF Doc. Nos.
216 & 217). Your decision included an order that a Conference be held on January 23, 2024 at
which time Plaintiff Rice would be required to appear with or without counsel.
Today, we received a Court Notice that the above case has been reassigned to the Honorable Robert
S. Ondrovic and that a Status Conference has now been scheduled for January 4, 2024 (NYSCEF
Doc. No. 218). Defendant’s counsel has inquired whether we remain counsel for Plaintiff Rice
since the proposed orders remain unsigned. Please see email appended hereto.
We respectfully request that Your Honor review the aforementioned proposed orders since the
case has been reassigned to another Justice with the status conference moved up by two weeks.
For the Court’s convenience, we have also appended the two proposed orders.
Thank you.
Respectfully yours,
Steven M. Brunnlehrman, Esq
cc: Jonathan Ohring, Jonathan@yankwitt.com
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023
Steve Brunnlehrman
From: Jonathan Ohring
Sent: Wednesday, December 27, 2023 10:20 AM
To: Robert S. Rosman; Steve Brunnlehrman
Subject: FW: NYSCEF Notification: Westchester - Torts - Other Negligence - Notification from Court 61665/2021 (NEIL B RICE v. LEE R EINSIDLER)
Rob, Steve,
Since the court never approved your proposed order granting your motion to withdraw (Dkts 216 & 217), I believe
you are still technically counsel of record. Please confirm whether you will be attending the January 4 conference
for Mr. Rice, or if I should contact Mr. Rice directly.
Jonathan Ohring
Counsel
140 Grand Street, Suite 705
White Plains, New York 10601
Office Tel.: (914) 352-4788
Cell: (757) 784-2302
Fax: (914) 487-5000
jonathan@yankwitt.com
www.yankwitt.com
From: efile@nycourts.gov
Sent: Wednesday, December 27, 2023 9:06 AM
To: steve@rosmanlegal.com; docketing ; ben.fishman@gmail.com; Jonathan Ohring
; rob@rosmanlegal.com; dalter@abramslaw.com; Benjamin Fishman
; Russell Yankwitt
Subject: NYSCEF Notification: Westchester - Torts - Other Negligence - Notification from Court
61665/2021 (NEIL B RICE v. LEE R EINSIDLER)
Westchester County Supreme Court
Notification of Filing by Court
12/27/2023
On 12/27/2023, the NYSCEF System received the documents listed below from court user Elizabeth Curtin
. Please keep this notice as a confirmation of this filing.
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023
Case Information
Index #: 61665/2021
Caption: NEIL B RICE v. LEE R EINSIDLER
eFiling Status: Full Participation Recorded
Assigned Case Judge: Hal B Greenwald
Documents Received
Doc # Document Received Date
218 COURT NOTICE 12/27/2023
E-mail Notifications Sent
Name Email Address
Russell Yankwitt russell@yankwitt.com
BENJAMIN FISHMAN bfishman@yankwitt.com
Steven Brunnlehrman steve@rosmanlegal.com
JONATHAN OHRING jonathan@yankwitt.com
ROBERT ROSMAN rob@rosmanlegal.com
DANIEL ALTER dalter@abramslaw.com
Please Note
The documents referenced above have been e-filed by the County Clerk in order to maintain a complete electronic docket.
Receipt of this notification does not constitute service of the referenced documents upon any party.
Emergency Applications For Emergency Applications made after 5 p.m. or on days when the court is closed,
please call 800-430-8457 or email emergency@nycourts.gov.
NOTICE: This e-mail is intended only for the named recipient and for the purposes of the New York State Courts E-Filing
System. If you are neither the intended recipient nor a person designated to receive messages on behalf of the intended
recipient, notify the sender immediately.
If you are unsure of the contents or origin of this email, it is advised to NOT click on any links provided. Instead,
log into your NYSCEF account to access the documents referred to in this email. Thank you.
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023
Timothy C. Idoni
Email: http://www.westchesterclerk.com
Website: e-file@westchestergov.com
CAUTION: This email originated from outside of the organization. DO NOT reply to the message, click links or open attachments unless you recognize the sender
and know the content is safe. Call the sender instead if you are unsure whether the email is legitimate.
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 219 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.
-----------------------------------------------------------------X
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 23, 2024, at which
time Plaintiff must appear pro se or with new counsel at the Status Conference scheduled for
9:15 AM of that day in Courtroom 1201; and it is further,
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023
ORDERED that failure by Parties to appear at the Status Conference on January 23, 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
November _____, 2023
ENTER:
Hon. Hal B. Greenwald, J.S.C.
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 219 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.
-----------------------------------------------------------------X
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 23, 2024, at which
time Plaintiff must appear pro se or with new counsel at the Status Conference scheduled for
9:15 AM of that day in Courtroom 1201; and it is further,
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023
ORDERED that failure by Parties to appear at the Status Conference on January 23, 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
November _____, 2023
ENTER:
Hon. Hal B. Greenwald, J.S.C.
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Preview
FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023 R OSMA N L EGA L , P.C. 635 M INNIEFORD A VENUE B RONX , NY 10464-1143 P HONE : 914-980-3679 VIA NYSCEF and EMAIL December 27, 2023 The Honorable Hal B. Greenwald, J.S.C. Westchester County Courthouse 111 Dr. Martin Luther King Jr. Blvd Courtroom 1201 White Plains, New York 10601 RE: Neil Rice, Plaintiff v. Lee Einsidler, Defendant: 61665/2021 To the Honorable Justice Greenwald: We had been representing Plaintiff Neil Rice in the above captioned matter prior to Your Honor’s granting, on November 8, 2023, our application for leave to withdraw as counsel for Plaintiff Rice. Pursuant to Your Honor’s instructions on November 10, 2023 we submitted duplicate proposed orders reflecting Your Honor’s Decision and Order of November 8, 2023 (NYSCEF Doc. Nos. 216 & 217). Your decision included an order that a Conference be held on January 23, 2024 at which time Plaintiff Rice would be required to appear with or without counsel. Today, we received a Court Notice that the above case has been reassigned to the Honorable Robert S. Ondrovic and that a Status Conference has now been scheduled for January 4, 2024 (NYSCEF Doc. No. 218). Defendant’s counsel has inquired whether we remain counsel for Plaintiff Rice since the proposed orders remain unsigned. Please see email appended hereto. We respectfully request that Your Honor review the aforementioned proposed orders since the case has been reassigned to another Justice with the status conference moved up by two weeks. For the Court’s convenience, we have also appended the two proposed orders. Thank you. Respectfully yours, Steven M. Brunnlehrman, Esq cc: Jonathan Ohring, Jonathan@yankwitt.com 1 of 8 FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023 Steve Brunnlehrman From: Jonathan Ohring Sent: Wednesday, December 27, 2023 10:20 AM To: Robert S. Rosman; Steve Brunnlehrman Subject: FW: NYSCEF Notification: Westchester - Torts - Other Negligence - Notification from Court 61665/2021 (NEIL B RICE v. LEE R EINSIDLER) Rob, Steve, Since the court never approved your proposed order granting your motion to withdraw (Dkts 216 & 217), I believe you are still technically counsel of record. Please confirm whether you will be attending the January 4 conference for Mr. Rice, or if I should contact Mr. Rice directly. Jonathan Ohring Counsel 140 Grand Street, Suite 705 White Plains, New York 10601 Office Tel.: (914) 352-4788 Cell: (757) 784-2302 Fax: (914) 487-5000 jonathan@yankwitt.com www.yankwitt.com From: efile@nycourts.gov Sent: Wednesday, December 27, 2023 9:06 AM To: steve@rosmanlegal.com; docketing ; ben.fishman@gmail.com; Jonathan Ohring ; rob@rosmanlegal.com; dalter@abramslaw.com; Benjamin Fishman ; Russell Yankwitt Subject: NYSCEF Notification: Westchester - Torts - Other Negligence - Notification from Court 61665/2021 (NEIL B RICE v. LEE R EINSIDLER) Westchester County Supreme Court Notification of Filing by Court 12/27/2023 On 12/27/2023, the NYSCEF System received the documents listed below from court user Elizabeth Curtin . Please keep this notice as a confirmation of this filing. 1 2 of 8 FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023 Case Information Index #: 61665/2021 Caption: NEIL B RICE v. LEE R EINSIDLER eFiling Status: Full Participation Recorded Assigned Case Judge: Hal B Greenwald Documents Received Doc # Document Received Date 218 COURT NOTICE 12/27/2023 E-mail Notifications Sent Name Email Address Russell Yankwitt russell@yankwitt.com BENJAMIN FISHMAN bfishman@yankwitt.com Steven Brunnlehrman steve@rosmanlegal.com JONATHAN OHRING jonathan@yankwitt.com ROBERT ROSMAN rob@rosmanlegal.com DANIEL ALTER dalter@abramslaw.com Please Note The documents referenced above have been e-filed by the County Clerk in order to maintain a complete electronic docket. Receipt of this notification does not constitute service of the referenced documents upon any party. Emergency Applications For Emergency Applications made after 5 p.m. or on days when the court is closed, please call 800-430-8457 or email emergency@nycourts.gov. NOTICE: This e-mail is intended only for the named recipient and for the purposes of the New York State Courts E-Filing System. If you are neither the intended recipient nor a person designated to receive messages on behalf of the intended recipient, notify the sender immediately. If you are unsure of the contents or origin of this email, it is advised to NOT click on any links provided. Instead, log into your NYSCEF account to access the documents referred to in this email. Thank you. 2 3 of 8 FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023 Timothy C. Idoni Email: http://www.westchesterclerk.com Website: e-file@westchestergov.com CAUTION: This email originated from outside of the organization. DO NOT reply to the message, click links or open attachments unless you recognize the sender and know the content is safe. Call the sender instead if you are unsure whether the email is legitimate. 3 4 of 8 FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 219 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. -----------------------------------------------------------------X 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 23, 2024, at which time Plaintiff must appear pro se or with new counsel at the Status Conference scheduled for 9:15 AM of that day in Courtroom 1201; and it is further, 5 of 8 FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023 ORDERED that failure by Parties to appear at the Status Conference on January 23, 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 November _____, 2023 ENTER: Hon. Hal B. Greenwald, J.S.C. 6 of 8 FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 219 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. -----------------------------------------------------------------X 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 23, 2024, at which time Plaintiff must appear pro se or with new counsel at the Status Conference scheduled for 9:15 AM of that day in Courtroom 1201; and it is further, 7 of 8 FILED: WESTCHESTER COUNTY CLERK 12/27/2023 01:38 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 219 RECEIVED NYSCEF: 12/27/2023 ORDERED that failure by Parties to appear at the Status Conference on January 23, 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 November _____, 2023 ENTER: Hon. Hal B. Greenwald, J.S.C. 8 of 8