Proof of Service: Richard J. Digeronimo, R.D. Geronimo, Ltd v. Property Analytix, Llc, Archstone Group Nyc Llc, Michael Miller, Royce Ashton Rowles, Ryan Lin

On January 05, 2022 a Proof of Service 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 07/06/2023 02:47 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 07/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
------------------------------------------------------------------- Index No.: 61665/2021
NEIL B. RICE,

Plaintiff,
-against- AFFIRMATION
OF
LEE R. EINSIDLER, SERVICE
As Administrator of the Estate of
Aaron Michael Einsidler aka
Aaron M. Einsidler

Defendant.
-------------------------------------------------------------------

STEVEN M. BRUNNLEHRMAN, an attorney duly admitted to practice before the

Courts of the State of New York, hereby affirms the following to be true, pursuant to CPLR

2106, and under the penalties of perjury:

1. That affirmant is not a party to the above action, that I am over 18 years of age, and that I
live within the County of Westchester.
2. That affirmant is Of Counsel to Rosman Legal, P.C., attorneys for the Plaintiff herein, and
am therefore familiar with the following facts.
3. That on June 9, 2023, on or about 8:20 am of that day, affirmant served the within Order to
Show Cause by FedEx overnight delivery upon Yankwitt LLP Attn: Jonathan Ohring, 140
Grand Street, Suite 705, White Plains, NY 10601, attorneys for Defendant in this action,.
4. Plaintiff had been notified of this Order to Show Cause on 05/31/23.
5. Proof of Service is attached.
Dated: Irvington, New York
July 6, 2023

STEVEN M. BRUNNLEHRMAN, ESQ.
Rosman Legal, P.C.
Attorneys for the Plaintiff
10 Cayuga Lane
Irvington, New York 10533
(914) 339-9870
rob@rosmanlegal.com
steve@rosmanlegal.com

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To: YANKWITT LLP
140 Grand Street, Suite 705
White Plains, New York 10601
Tel: (914) 686-1500
Fax: (914) 487-5000
Attorneys for Defendant Lee R. Einsidler
Administrator of The Estate of Aaron
Michael Einsidler

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NYSCEF DOC. NO. 166
165 RECEIVED NYSCEF: 07/06/2023
06/05/2023

At a Term of the Supreme Court of
the State of New York, County of
Westchester, held at the Courthouse
located at 111 Martin Luther King
Jr.Boulevard, White Plains, NY on
the_5th June
_ _ day of _________ 2023.
PRESENT: HON. ____________________________
HAL B. GREENWALD
Justice of the Supreme Court,
County of Westchester
-----------------------------------------------------------------X
NEIL B. RICE, Index No.: 61665/2021
Plaintiff,
-against- ORDER TO SHOW CAUSE
(PROPOSED)
LEE R. EINSIDLER,
As Administrator of the Estate of
Aaron Michael Einsidler
Defendant.
-----------------------------------------------------------------X
Upon reading and filing the Affirmation of Steven M. Brunnlehrman, Esq., affirmed to on
May 31, 2023, and the exhibits attached hereto,

Let the Defendant, or his attorneys, show cause before a Term of this Court, to be held at
the Courthouse located at 111 Martin Luther King Jr. Boulevard, White Plains, New York, on the
HBG { 3:00
JSC ____
6th day of _______
July 2023, at __________ o’clock in the ________
after noon or as soon as counsel to
the parties in this proceeding may be heard, why an order should not be made providing the
following relief: granting leave to Rosman Legal, P.C. to withdraw as counsel for the Plaintiff and
staying all proceedings for thirty (30) days to permit Plaintiff to retain new counsel, along with
any further relief that this Court deems just and proper.

Sufficient cause appearing therefor, let service of a copy of this Order, together with the
other papers upon which this Order is granted upon Defendant’s counsel, by first class mail or by
xxxxxxxxxxxxxxxxxxx
HBG { overnight delivery xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
or by_____________________________________________ on or before
JSC the___
9th day of ________
June 2023 be deemed good and sufficient. An affidavit or other proof of service
shall be presented to this Court on the return date directed in the second paragraph of this Order.
ORDERED, that the parties and respective counsel shall appear, in person at the
Dated White Plains, New York
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Court on the return date; and it is further
HBG
{
JSC June _____ 2023
xxxxxxxxxxxxxxxx ORDERED, that if a briefing schedule is necessary it shall be set on the return
date.
ENTER:

Dated: June 5, 2023
White Plains, NY ___________________________
J.S.C.

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05/31/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
--------------------------------------------------------------------X Index # 61665/2021
NEIL B. RICE,
Plaintiff,
-against- AFFIRMATION IN
SUPPORT OF
LEE R. EINSIDLER, ORDER TO SHOW
As Administrator of the Estate of CAUSE TO BE
Aaron Michael Einsidler RELIEVED AS COUNSEL
Defendant.
--------------------------------------------------------------------X

STEVEN M. BRUNNLEHRMAN, ESQ., an attorney duly admitted to practice law before the

Courts of the State of New York, hereby affirms the following under the penalties of perjury and

upon information and belief pursuant to Civil Practice Law and Rules (“CPLR”) § 2106:

1. I am Of Counsel to Rosman Legal, P.C., attorneys for the Plaintiff herein, and am

therefore familiar with the facts of the above-captioned proceeding upon personal

knowledge, upon information and belief, and upon reviewing the files maintained at the

offices of Rosman Legal (hereinafter “this Firm”).

2. This affirmation is respectfully submitted in support of the within order to show

cause (OTSC) seeking to be relieved as counsel for Plaintiff NEIL B. RICE.

3. “Pursuant to CPLR 321 (b) (2), counsel may withdraw from representing a client

with the permission of the Court. In order to withdraw, counsel must show reasonable

notice to the client and good and sufficient cause for the withdrawal (Matter of Dunn

(Brackett), 205 NY 398 [1912]; J.M. Heinike Assoc. v Liberty Natl. Bank, 142 AD2d 929

[4th Dept 1988]). Good cause for withdrawal includes irreconcilable differences between

counsel and the client regarding the proper course to be pursued in the litigation (

Sansiviero v Sanders, 117 AD2d 794 [2d Dept 1986]). McGarvey v. State, # 2018-053-

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05/31/2023

542 (N.Y. Ct. Cl. Aug. 9, 2018). See also Am. Express Nat'l Bank v. Toro Kitchen, Inc.,

2022 NY Slip Op 33512(U) (Sup. Ct. N.Y. Co. 10/14/2022) (deteriorated attorney-client

relationship was good and sufficient cause and reasonable notice to client was provided);

Rivardeneria v. New York City Health and Hospitals Corporation, 306 A.D.2d 394, 395,

760 N.Y.S.2d 877 (2d Dep’t 2003) (attorney may terminate attorney client relationship at

any time for good and sufficient cause and upon reasonable notice).

4. Professional considerations require that this Firm terminate its representation of

Plaintiff.

5. Plaintiff’s Complaint dated July 29, 2021 (NYSCEF Doc. No. 1), Plaintiff’s

Affidavit dated April 29, 2022 (NYSCEF Doc. No. 41), and Plaintiff’s Affidavit dated

October 12, 2022 (NYSCEF Doc. 77), stated Plaintiff’s belief that photograph(s) and text

messages would be found on Aaron Einsidler’s iPhone that would corroborate Plaintiff’s

claims of being physically and sexually assaulted by, and receiving numerous phone calls

and texts from, Aaron M. Einsidler, Defendant’s son now deceased (hereinafter

“Deceased.”).

6. This Court ordered that Apple provide Defendant with access to the Deceased’s

iPhone and the iPhone Cloud for the purposes of providing text messages and a photograph

allegedly taken during Plaintiff’s claimed assault by the Deceased and the Deceased’s wife.

7. The medical examiner’s office provided a photograph of a tattoo on the Deceased’s

private area consistent with Plaintiff’s identification of that tattoo during the alleged

assault, as stated in Plaintiff’s Affidavit of April 29, 2022 (NYSCEF Doc. No. 41).

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05/31/2023

8. On May 12, 2023, Defendant’s counsel informed this Firm, by email with letter

attached, that Defendant obtained access to Decedent’s iPhone but that no photo of the

alleged assault existed as Plaintiff had anticipated and no relevant text messages existed,

according to Defendant’s counsel, that would support Plaintiff’s claims.

9. It is important to note that Defendant’s counsel refuses to give us any subpoenaed

information to establish his allegations contained in his May 12, 2023 letter in regard to

evidence found on the iPhone or in the iCloud.

10. Please see Exhibit A for Defendant’s counsel’s email and letter.

11. In the aforementioned email and letter, Defendant’s counsel suggested that this

Firm should discuss the contents of the letter with Plaintiff.

12. The letter also reproduced alleged text message(s) that Defendant’s counsel

claimed were recently sent by Plaintiff to Defendant, the contents of said alleged text

message, if truly sent by Plaintiff, seemingly prejudiced Plaintiff’s entire cause of action

against Defendant:

“I am not autistic. I have problems that I deal with everyday of my
life. I am in Bedford because I took care of an elderly lady and her
son and She left me almost a million dollars. I invested that money
in real estate I have been alone my whole life. I was Your son’s friend
and I looked out for him. He was doing really well and staying away
from bad stuff. I couldn’t help him and I can’t sleep anymore. You
want to hurt me that’s ok. I know You tried to save him. He told me
my Dad is buying me. House near him bc he thinks something is
going to happen to me. Then You wouldnt go to his wedding at the
house because he said You were fighting. I was there for all of it. I
helped him so much he called me Uncle. I won’t bother You again
but I never lied. I did speak with You at the gas station. I was worried
about him. You had me all wrong from the beginning. I got Your son
away from bad people. Ok I am going to see my Mom. Once again
sorry to bother You. You want to talk I am willing. Take care . . . .”

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05/31/2023

13. After discussing the contents of the alleged text message with our client, Plaintiff

NEIL B. RICE, along with the contents of the entire letter sent by Defendant’s counsel,

this Firm notified Plaintiff that this Firm could no longer represent Plaintiff and that we

would be asking the Court to relieve us as counsel because of the irreconcilable differences

between counsel and Plaintiff regarding the proper course to be pursued in the litigation.

14. On May 15, 2023, we communicated with Defendant’s counsel that we would be

moving this Court to relieve us as counsel and to stay proceedings for 30 days for Mr. Rice

to seek new representation.

15. Please see email exchange at Exhibit B.

16. Pursuant to both the New York Lawyer's Code of Professional Responsibility and

the New York Rules of Professional Conduct, a lawyer may withdraw from representing a

client if withdrawal can be accomplished without material adverse effect on the interests

of the client, or if . . . [the client’s] conduct renders it unreasonably difficult for the lawyer

to carry out employment effectively.”

17. The contents of the alleged text message are in direct opposition to Plaintiff’s theory

of the case; Plaintiff’s counsel had no knowledge or information regarding the alleged text

message prior to defendant-counsel’s letter dated May 12, 2023.

18. In addition, Plaintiff’s refusal to abide by this Firm’s counsel has made it

impossible for this Firm to provide effective counsel in this proceeding.

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162 RECEIVED NYSCEF: 07/06/2023
05/31/2023

19. Plaintiff intends to continue with this cause of action and has instructed us to ask

this Court for the opportunity for him to obtain new counsel.

WHEREFORE, it is respectfully requested that this Court grant Rosman Legal, P.C. leave to

withdraw as counsel to Plaintiff and stay all proceedings for 30 days to allow Plaintiff to seek new

counsel, along with such other and further relief that this Court deems just and proper.

Dated: Irvington, New York
May 31, 2023

ROSMAN LEGAL, P.C.
Attorneys for Plaintiff

______________________________
By: Steven M. Brunnlehrman, Esq.
Of Counsel
Rosman Legal, P.C.
10 Cayuga Lane
Irvington, New York 10533
(914) 339-9870

To: YANKWITT LLP
Attorneys for Defendant
140 Grand Street, Suite 705
White Plains, NY 10601
(914) 686-1500

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05/31/2023

Exhibit B

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05/31/2023

Steve Brunnlehrman

From: Robert S. Rosman
Sent: Monday, May 15, 2023 12:24 PM
To: Jonathan Ohring; Steve Brunnlehrman
Subject: Re: Rice v. Einsidler

Yes we will be.

-------------------------------
Robert S. Rosman
Rosman Legal, P.C.
7-11 South Broadway, Suite 308
White Plains, NY 10601
Ph: (212)602-1445/(914)339-9870

From: Jonathan Ohring
Sent: Monday, May 15, 2023, 11:54 AM
To: Robert S. Rosman ; Steve Brunnlehrman
Subject: RE: Rice v. Einsidler

Are you withdrawing as counsel in the Surrogate’s Court proceeding, as well?

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: Robert S. Rosman
Sent: Monday, May 15, 2023 10:27 AM
To: Jonathan Ohring ; Steve Brunnlehrman
Subject: Re: Rice v. Einsidler

It's my understanding that he intends on continuing. He has asked me to ask the court for 30 days to obtain new
counsel.

-------------------------------
Robert S. Rosman
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164 RECEIVED NYSCEF: 07/06/2023
05/31/2023
Rosman Legal, P.C.
7-11 South Broadway, Suite 308
White Plains, NY 10601
Ph: (212)602-1445/(914)339-9870

From: Jonathan Ohring
Sent: Monday, May 15, 2023 10:17:59 AM
To: Steve Brunnlehrman
Cc: Robert S. Rosman
Subject: RE: Rice v. Einsidler

Is your client intending to continue the case?

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: Steve Brunnlehrman
Sent: Sunday, May 14, 2023 7:28 PM
To: Jonathan Ohring
Cc: Robert S. Rosman
Subject: RE: Rice v. Einsidler

Jonathan,

After reviewing the letter and its contents with our client, we have determined to move the Court to relieve us as counsel
and to stay proceedings for 30 days for Mr. Rice to seek new representation.

Have a good evening,
Steve

From: Jonathan Ohring
Sent: Friday, May 12, 2023 5:12 PM
To: Robert S. Rosman
Cc: Steve Brunnlehrman
Subject: Rice v. Einsidler

Rob,

Please see the attached letter, which I strongly encourage you to review with your client before Tuesday’s court
conference.

Jonathan
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05/31/2023

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

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FILED: WESTCHESTER COUNTY CLERK 07/06/2023 02:47 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 07/06/2023

Index No. 61665/2021

SUPREME COURT OF STATE OF NEW YORK
COUNTY OF WESTCHESTER

NEIL B. RICE,
Plaintiff
-against-

LEE R. EINSIDLER,
As Administrator of the Estate of
Aaron Michael Einsidler aka Aaron
M. Einsidler Defendant.

ORDER TO SHOW CAUSE TO BE RELIEVED AS COUNSEL

ROSMAN LEGAL P.C.
Attorneys for Plaintiff
10 Cayuga Lane
Irvington, NY 10533
Tel. (914) 339-9870
Attorney(s) for Plaintiff

ROSMAN LEGAL, P.C.
Attorney(s) for the Plaintiff
Receipt Acknowledged: By Steven M. Brunnlehrman, Esq, Of Counsel.
10 Cayuga Lane
_______________________________ Irvington, NY 10533
Print Name: Date (914) 339-9870
rob@rosmanlegal.com
steve@rosmanlegal.com
Attorney Certification (Rule 130-1.1)

Steven M. Brunnlehrman, Esq.

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Steve Brunnlehrman

From: Steve Brunnlehrman
Sent: Wednesday, May 31, 2023 5:59 PM
To: realityking72@aol.com
Cc: Robert S. Rosman
Subject: Rice v. Einsidler
Attachments: Rice v. Einsidler - Proposed OTSC -with affirm and exhibits.pdf; Binder - Disclosure sent to Ohring -
Rice v. Einsidler - on May 31 2023.pdf

Hi Neil,

Attached please find a copy of our Order to Show Cause to be relieved as counsel which we filed with the Court for
signature. Also attached is the discovery you provided us that we just sent to Ohring.

Steve

Steven M. Brunnlehrman, Esq.
Of Counsel
Rosman Legal, P.C.
10 Cayuga Lane
Irvington, NY 10533
(914) 339-9870

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Case Info

Judge

Sharon Gianelli Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

July 06, 2023

Case Filing Date

January 05, 2022

County

Parties

Archstone Group NYC LLC Defendant
FILOSA, ANTHONY RUDY Attorney for the Plaintiff
KATZ, KENNETH J Attorney for the Defendant
Michael Miller Defendant
Property Analytix, LLC Defendant
R.D. Geronimo, LTD Plaintiff
Richard J. Digeronimo Plaintiff
RIGER, LEE E. Attorney for the Plaintiff
ROSENBERG, DAVID I. Attorney for the Plaintiff
Royce ashton Rowles Defendant
Ryan Lin Defendant
SACKOWITZ, ADAM JOSEPH Attorney for the Defendant

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