On January 05, 2022 a
Order
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 12/27/2023 02:55 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 220 RECEIVED NYSCEF: 12/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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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 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,
1 of 2
FILED: WESTCHESTER COUNTY CLERK 12/27/2023 02:55 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 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
2 of 2
Document Filed Date
December 27, 2023
Case Filing Date
January 05, 2022
Category
Commercial Division - Contract
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FILED: WESTCHESTER COUNTY CLERK 12/27/2023 02:55 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 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. -----------------------------------------------------------------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 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, 1 of 2 FILED: WESTCHESTER COUNTY CLERK 12/27/2023 02:55 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 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 2 of 2