Letter,Correspondence: Ali Baba Hotel Corp. d/b/a AMSTERDAM COURT HOTEL, East Side Inn L.L.C. d/b/a THE MARCEL AT GRAMERCY v. Alexander Prose, Rehan Kapadia, Bella Mandoki, Carlos Carrillo, Thalia Herrera
On January 28, 2022 a
Letter,Correspondence
was filed
involving a dispute between
Ali Baba Hotel Corp.
D B A Amsterdam Court Hotel,
East Side Inn L.L.C.
D B A The Marcel At Gramercy,
and
Alexander Prose,
Bella Mandoki,
Carlos Carrillo,
Rehan Kapadia,
Thalia Herrera,
for Commercial - Other (Breach of Agreement)
in the District Court of New York County.
Preview
Alan D. Kucker OF COUNSEL
KUCKER James R. Marino
Nativ Winiarsky
Patrick K. Munson
Jill L. Mandell
MARINO Andrew B. Bittens *
William D. Hummell
Catherine A. Helwig *
Michael Cuttitta *
M. David Fonseca
Diane L. Klein
WINIARSKY Craig P. Gambardella
Lisa Faham-Selzer
Christopher S. McCann *
* Also admitted in NJ
& BITTENS,LLP Joseph S. Goldsmith
Vladimir Favilukis *
Nikolaos Preponis
+ Also admitted in DC
Eric R. McAvey
Nicholas G. Yokos *
Daniel Gewirtz
Robert R. Moore, Jr. *
Rafael D. Dayan
William J. Halkias *
Samara L. Geller
Devora Mandell *+
Michael S. Bennett
John A. Passidomo
Ray Madraymootoo *+
Brian J. Murphy
March 10, 2023
Via First-Class Mail, NYSCEF and Email (alexprose1@gmail.com)
Alexander Prose
201 East 24th Street
New York, NY 10010
Re: ALI BABA HOTEL CORP. et al v. ALEXANDER PROSE et al
Index No. 150993/2022
Dear Mr. Prose:
As you are aware, this firm represents the plaintiffs in the above referenced action.
Please be advised that we are in receipt of your purported responses to Plaintiffs’ First
Request for Discovery and Inspection, served via NYSCEF on November 23, 2022 (“ND&I”).
Specifically, therein, you fail to produce a solitary document and improperly assert “general
objections” to the production of any and all documents requested through the ND&I. Such
objections appear to be largely on the issue of “relevance.” These objections are summarily
improper inasmuch as the ND&I is specifically and thoughtfully drafted to request documents that
are material and necessary to the claims and defenses at issue therein. Such issues include, but are
not limited to, the surrender agreement referred to in the complaint, and your defenses and
affirmative claims pertaining to your alleged entitlement to the protection(s) and coverage(s) of
rent stabilization. As a result, your objections to such demands are inappropriate and your refusal
to provide documents responsive to the demands within the ND&I is patently improper. Please be
advised that same constitutes a violation of your obligations under the CPLR.
Therefore, please accept this letter as a good faith attempt on the part of the Plaintiffs to
resolve this discovery dispute. Plaintiffs demand that you immediately and properly supplement
your responses to the aforementioned ND&I in order to avoid unnecessary motion practice.
Furthermore, please be advised that Plaintiffs’ counsel will also follow this good faith letter with
a telephone call to attempt to resolve this discovery dispute.
T 212.869.5030 747 Third Avenue kuckermarino.com
F 212.944.5818 New York, NY 10017
This letter in no way constitutes a waiver of any rights to which my clients are entitled, at
law or in equity, under common law, statute or agreement, which are hereby expressly reserved.
This letter is sent without prejudice and in no way waives or abridges my clients’ rights to pursue
any and all legal remedies in any way.
Please be guided accordingly.
Sincerely yours,
Eric R. McAvey, Esq.
Preview
Alan D. Kucker OF COUNSEL KUCKER James R. Marino Nativ Winiarsky Patrick K. Munson Jill L. Mandell MARINO Andrew B. Bittens * William D. Hummell Catherine A. Helwig * Michael Cuttitta * M. David Fonseca Diane L. Klein WINIARSKY Craig P. Gambardella Lisa Faham-Selzer Christopher S. McCann * * Also admitted in NJ & BITTENS,LLP Joseph S. Goldsmith Vladimir Favilukis * Nikolaos Preponis + Also admitted in DC Eric R. McAvey Nicholas G. Yokos * Daniel Gewirtz Robert R. Moore, Jr. * Rafael D. Dayan William J. Halkias * Samara L. Geller Devora Mandell *+ Michael S. Bennett John A. Passidomo Ray Madraymootoo *+ Brian J. Murphy March 10, 2023 Via First-Class Mail, NYSCEF and Email (alexprose1@gmail.com) Alexander Prose 201 East 24th Street New York, NY 10010 Re: ALI BABA HOTEL CORP. et al v. ALEXANDER PROSE et al Index No. 150993/2022 Dear Mr. Prose: As you are aware, this firm represents the plaintiffs in the above referenced action. Please be advised that we are in receipt of your purported responses to Plaintiffs’ First Request for Discovery and Inspection, served via NYSCEF on November 23, 2022 (“ND&I”). Specifically, therein, you fail to produce a solitary document and improperly assert “general objections” to the production of any and all documents requested through the ND&I. Such objections appear to be largely on the issue of “relevance.” These objections are summarily improper inasmuch as the ND&I is specifically and thoughtfully drafted to request documents that are material and necessary to the claims and defenses at issue therein. Such issues include, but are not limited to, the surrender agreement referred to in the complaint, and your defenses and affirmative claims pertaining to your alleged entitlement to the protection(s) and coverage(s) of rent stabilization. As a result, your objections to such demands are inappropriate and your refusal to provide documents responsive to the demands within the ND&I is patently improper. Please be advised that same constitutes a violation of your obligations under the CPLR. Therefore, please accept this letter as a good faith attempt on the part of the Plaintiffs to resolve this discovery dispute. Plaintiffs demand that you immediately and properly supplement your responses to the aforementioned ND&I in order to avoid unnecessary motion practice. Furthermore, please be advised that Plaintiffs’ counsel will also follow this good faith letter with a telephone call to attempt to resolve this discovery dispute. T 212.869.5030 747 Third Avenue kuckermarino.com F 212.944.5818 New York, NY 10017 This letter in no way constitutes a waiver of any rights to which my clients are entitled, at law or in equity, under common law, statute or agreement, which are hereby expressly reserved. This letter is sent without prejudice and in no way waives or abridges my clients’ rights to pursue any and all legal remedies in any way. Please be guided accordingly. Sincerely yours, Eric R. McAvey, Esq.