Preview
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
ALI BABA HOTEL CORP d/b/a AMSTERDAM COURT Index No. 150993/2022
HOTEL and EAST SIDE INN, LLC, d/b/a THE MARCEL
AT GRAMERCY REPLY AFFIDAVIT IN
FURTHER SUPPORT OF
Plaintiffs, DEFENDANT
ALEXANDER PROSE’S
– against – MOTION FOR SUMMARY
JUDGMENT AND IN
ALEXANDER PROSE, REHAN KAPADIA, BELLA OPPOSITION TO
MANDOKI, CARLOS CARRILLO, and THALIA PLAINTIFFS’
HERRERA, CROSS MOTION
Defendants. Mot. Seq. 006/012
----------------------------------------------------------------------X
State of New York )
) ss:
County of New York )
Alexander Prose, being duly sworn deposes and says:
1. I am a Defendant in the above-captioned proceeding and am personally familiar
with the facts and circumstances stated herein. I respectfully submit this Reply Affidavit in
Further Support of my annexed Motion seeking an Order:
(a) Pursuant to CPLR 3212(b), 3211(a)(1) and (a)(7) dismissing the entire
Complaint (First through Seventh Causes of Action);
(b) Pursuant to CPLR 3212(b) granting summary judgment on Defendant
Alexander Prose’s First Counterclaim for a declaratory judgment that
Defendant Prose: (a) is a rent-regulated tenant afforded all the protections
under the law; (b) Marcel’s refusal to tender a lease to Prose, coupled with
Plaintiffs’ initiation of this action, constitutes harassment of a rent regulated
tenant, which is prohibited by law; (c) that Prose is entitled to continued
occupancy and a rent-regulated lease at the Marcel; and
(a) Granting such other and further relief as to this Court may seem just and
proper.
1
1 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
and in opposition to Plaintiffs’ cross-motion seeking partial summary judgment on Plaintiffs’
first cause of action for breach of contract, dismissal of Prose’s first counterclaim for a
declaratory judgment and seeking alleged arrears pursuant to CPLR § 2201.
2. For the reasons set forth herein, and in my counsel’s annexed Reply
Memorandum of Law, it is respectfully requested that my Motion be granted in its entirety, with
such other and further relief as to this Court may seem just and proper.
BACKGROUND AND RELEVANT PROCEDURAL HISTORY
3. I previously occupied apartment #312 at the Amsterdam Court Hotel, located at
226 West 50th Street, in the County and State of New York.
4. Plaintiff Ali Baba Hotel Corp d/b/a Amsterdam Court Hotel (“Ali Baba”), sought
possession of the apartment I had been occupying, and to achieve this, harassed, and intimidated
me into signing a drafted and prepared Surrender Agreement dated July 16, 2019 (the “Surrender
Agreement”). NYSCEF 127.
5. The Surrender Agreement was prepared entirely by Ali Baba and presented to me
already signed by them. Under the Surrender Agreement, I, as occupant, surrendered possession
of the apartment to Ali Baba, as owner, in exchange for consideration of $100,000.00 presented
to me alongside the Surrender Agreement. NYSCEF 127.
6. Per the language of paragraph 3 of the Surrender Agreement, I, as occupant:
“warrants that he will not occupy any other unit affiliated with
Owner” NYSCEF 127, Page 1.
7. The meaning and context of “any other unit” is not specified beyond its use in the
Surrender Agreement to refer to individual apartments located on the premises. 226 West 50th
Street. NYSCEF 127.
2
2 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
8. I was not informed of any alternative interpretation of “any other unit” or
“affiliation” nor was I informed of any other buildings or properties considered by Ali Baba to be
“affiliated” with them.
9. In accordance with the Surrender Agreement, I have not occupied, or attempted to
occupy, any other unit located at 226 West 50th Street.
10. I currently occupy and reside in Unit 1101, and had occupied Unit 1103 for
several years, at the Marcel at Gramercy, located at 201 East. 24th Street, in the County and
State of New York.
11. I took up occupancy at the Marcel at Gramercy when I checked in on or about the
night of October 19, 2021.
12. Specifically, the Marcel at Gramercy is an SRO and I, occupying a Class B
dwelling unit for which I requested a lease of more than six months, am therefore a permanent,
rent stabilized tenant.
13. At the time I checked in, and to date, the Marcel has not kept, in any public or
conspicuous place, a printed copy of section 201, 202 and 206 of the New York General
Business Law, nor a statement of the charges or rate of charges by the day and for meals
furnished and for lodging.
14. As proof of same, I personally took several photographs of the Marcel which
demonstrate that no such statement of charges has been made available. These photographs
accurately represent my personal knowledge and perception of The Marcel, as I saw it, at the
time these photos were taken. Photographic Proof of Failure to Post Charges is annexed hereto as
Exhibit “A” and referenced herein as if fully set forth below.
3
3 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
15. At no point prior to these proceedings was I made aware that the Marcel at
Gramercy, as alleged by Plaintiffs, is ‘affiliated’ with Ali Baba. NYSCEF 125.
16. Contrary to the baseless allegation by Plaintiffs, I was never told, prior to
Plaintiffs bringing this action, “that the Marcel Hotel is affiliated with the Amsterdam Hotel and
that his occupancy violated the express terms of the Surrender Agreement.” NYSCEF 125, Page
6, pp 21.
17. My occupancy at the Marcel at Gramercy is nonetheless not in breach of the
Surrender Agreement, and even where alleged to be in breach, does not change my rights as a
rent stabilized tenant. The Surrender Agreement, in no way defines ‘affiliated’ or ‘any other unit’
to include the Marcel at Gramercy, nor is such an interpretation reasonable. NYSCEF 127, page
1.
18. On or about October 20, 2021, I demanded a lease, as is my right, by email, to
agents of the Marcel at Gramercy. NYSCEF 128.
19. On or about October 22, 2021, agents of the Marcel at Gramercy refused, by
email, to issue me a lease. NYSCEF 128.
20. Nonetheless, I have been informed by my attorneys that under New York Law, an
occupant may at any time during his or her occupancy request a lease and the owner must, within
15 days after such request, grant a lease which does not exceed the legal regulated rent for a term
of at least six months.
21. I have been further informed that, according to decades of case law, the RSC and
DHCR guidelines, the hotel occupant who requests such a lease becomes a permanent tenant
immediately upon requesting a lease of longer than 6 months.
4
4 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
22. I have also been informed that a Class B dwelling unit in an SRO building is rent
stabilized if erected on or before July 1, 1969; contains six or more units; charged no more than
$88 a week or $350 a month as of May 31, 1968; and is occupied by a permanent tenant.
23. The building in which the Marcel at Gramercy is situated was built in or about
1925. NYSCEF 136-138.
24. The building in which the Marcel at Gramercy is situated contains six or more
housing accommodations. NYSCEF 132.
25. The building in which the Marcel at Gramercy is situated is a Class B Multiple
Dwelling and/or contains units that qualify as such. NYSCEF 132.
26. The Marcel at Gramercy contains rooms that do not have both a kitchen and a
bathroom, including my unit.
27. As such, and pursuant to designation by the NYC Department of Buildings and/or
applicable law, including, without limitation, the Rent Stabilization Code, the Marcel at
Gramercy is a Single Room Occupancy (“SRO”) housing accommodation. NYSCEF 135.
28. By virtue of the foregoing, my housing accommodation, and more particularly the
unit I occupy is rent-stabilized, and I, having requested a lease, am a permanent tenant of same.
29. During my occupancy at the Marcel at Gramercy, I have not violated any law,
code, Statute, policy, procedure, or other rule or regulation codified anywhere in New York, and
my occupancy and tenancy thereat is entirely legal, as is my right to have guests or a roommate,
and to occupy common areas of the hotel. Although the Verified Amended Complaint alleges
that I have engaged in behavior endangering the safety of the hotel guests, none of these guests
ever called the police, or attempted to dispossess me through any means, which is why the
Verified Amended Complaint lacks such allegations.
5
5 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
30. On or about March 3, 2022 Jay Podolsky, purporting to represent one of the
Plaintiffs herein, sat with me and previewed for me the campaign of harassment Plaintiffs are
now carrying out through the commencement of this case, including this Motion. During this
meeting, Jay Podolsky threatened me and promised to make serious trouble for me, while
promising that he would purposely try to devalue the premises in order to get me to leave. Jay
Podolsky also admitted to me that the Marcel Hotel is an SRO. He since appears to have altered
the use of the Marcel Hotel into a homeless shelter.
31. This is especially noteworthy where Jay Podolsky has been convicted in the past
for unlawful eviction, hiring gang members to forcibly remove tenants, and harassing tenant in
several other SRO hotels. See People v. Podolsky, 130 Misc.2d 987 496 N.Y.S.2d 619 (N.Y.
Sup. Ct. 1985). NYSCEF 139.
32. Coincidentally, having pled guilt to over forty felonies in relation to this abuse of
their tenants, Jay Podolsky relied upon turning several of the properties into homeless shelters to
avoid a longer sentencing. NYSCEF 139.
33. Now, Jay Podolsky has not only harassed me and several other tenants at yet
another SRO hotel, The Marcel, but seeks to have us removed from the premises. Having been
confronted with these charges of harassment Podolsky has also coincidentally rebranded The
Marcel as a homeless shelter just as he has done in the past to alleviate the repercussion of his
actions. NYSCEF 139.
34. I have never conspired with the other named co-defendants in this lawsuit to
harass, intimidate, threaten or interfere with the Marcel Hotel and its employees, including
calling in false reports to government agencies. During my occupancy, I have never done
6
6 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
anything illegal or which would constitute a violation of any law or tenancy regulation in New
York State.
35. I am not, nor have I ever, conspired with the other named co-defendants in this
lawsuit to harass, intimidate, threaten, communicate, contact, approach, accost, initiate
communications with, distribute written communications to, or otherwise disturb or interfere
with any not-for-profit entity or its employees, and the homeless shelter occupants of the Marcel
Hotel, including claiming that I am a member of a news organization or government agency.
36. I deny the allegations of the Plaintiffs that I or others acting on my behalf and/or
at my direction call in false reports to "311", the Fire Department of New York, the New York
Police Department, Con Edison, or any other government agency related to the Marcel Hotel.
Any call I have ever made to any city agency was bona fide. Plaintiffs' attempts to restrict my
speech and communications are unsustainable and would only endanger the safety and welfare of
those in or near the Marcel Hotel.
37. I deny the allegations as outlined by the Plaintiffs that I hosted large gatherings or
"parties" in the lounges and lobbies at the Marcel Hotel. Plaintiffs have never informed me that I
lack permission and authorization to organize or host parties at the Marcel Hotel at any time. I
have never been given for either review or signature any codified set of house rules’ or other
regulations governing my tenancy. Nobody has ever approached me to demonstrate what if any
rules prohibit anything I have ever said or done. This Motion shows that Plaintiffs' only request
for police activity actually resulted in the arrest of one of their own agents.
38. I deny knowledge or information sufficient to form a belief as to any of Plaintiffs'
allegations as to any speech, activity or omission of any third party, so the allegation that on
December 7, 2021 a false complaint to "311" was called in, that the Marcel Hotel was engaging
7
7 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
in "construction activities" without a permit and a "smoke condition" since even Plaintiffs allege
another Defendant - Bella Mandoki - called that in. I have no control over what other tenants or
occupants do, especially if there is a dangerous condition to report.
39. I deny the allegations as outlined by the Plaintiffs that I have ever endangered the
health and welfare of the Marcel Hotel, its employees, its occupants, and guests by violating the
Fire Code of the City of New York.
40. I deny knowledge or information sufficient to form a belief as to the allegations of
December 22, 2021 regarding the removal of furniture from Defendant Rehan Kapadia unit
creating an alleged fire and safety hazard at the Marcel Hotel since said action was allegedly
performed by Defendant Rehan Kapadia.
41. On August 7, 2022, I came to the reception desk to ask about what type of shelter
was operating a program in the hotel, the name of the shelter, and how I could make a personal
donation to said shelter. There is not a single agreement or law prohibiting this, and Plaintiffs do
not cite to any such authority.
42. I flatly deny the allegations that on August 8, 2022 I was belligerent, aggressive,
shouting at staff, banging on items, or playing loud music. Nor did I ever leave any trash on the
ground or in front of the door of Hadiya Rolle, including a used condom. Surely, a homeless
shelter housing 119 families (See, NYSCEF Doc. No. 53, 13) would have security and
surveillance measures in Place to prove such behavior. But I am advised the Plaintiffs offered
nothing of the sort for this Court to believe their baseless claims.
8
8 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
43. I deny Plaintiffs' allegations that I was video recording people and/or staff without
their consent and making them uncomfortable, scared, or fearful. I further deny that I claim to be
a member of Channel 1 News.
44. If I ever made any recording I did so outside the Marcel Hotel while on public
sidewalks to document conditions of the premises or being harassed by Plaintiffs staff. I
understand it to be my legal right to video record where there is public access in traditional
public forums, such as . open-air sidewalks used by the general public.
45. I deny that on September 2, 2022, an altercation ensued at my instigation. I do
admit that Richard Carberry was involved in an altercation and was subsequently arrested by the
New York City Police Department. I was not arrested as a result. I also did not control, drive,
park, or otherwise direct Kapadia's vehicle on the day in question and there is no allegation of
such mentioned by Plaintiffs. The NYPD apparently saw no reason to arrest or take me into
custody for any reason or for any period of time.
46. Rather, the day prior to this incident, Richard Carberry, Hadiya Rolles, and two
other shelter staff accosted me in the lobby of the building while I was reading a book and
ruthlessly harassed me for over an hour as well as threatened me with physical violence and even
went so far as to attempt to flip the table I was calmly sitting at. They called me names and made
disparaging remarks about my ethnicity.
47. Ultimately, the accusations by Plaintiffs and in their annexed affidavits (NYSCEF
251-255) that I have breached the Surrender Agreement and “embarked upon a campaign of
harassment” are baseless. NYSCEF 125, page 6. My occupancy at the Marcel Hotel is in no way
contested by the Surrender Agreement. The Surrender Agreement was exclusively in
9
9 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
10 of 11
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023
WORD COUNT CERTIFICATION
I hereby certify that pursuant to Rule 202.8-b of the Uniform Civil Rules For The
Supreme Court & The County Court, that this Affidavit in Support contains 2,778 words,
excluding the caption and signature block, as counted by the word-processing system used to
prepare this document.
11
11 of 11
Preview
FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X ALI BABA HOTEL CORP d/b/a AMSTERDAM COURT Index No. 150993/2022 HOTEL and EAST SIDE INN, LLC, d/b/a THE MARCEL AT GRAMERCY REPLY AFFIDAVIT IN FURTHER SUPPORT OF Plaintiffs, DEFENDANT ALEXANDER PROSE’S – against – MOTION FOR SUMMARY JUDGMENT AND IN ALEXANDER PROSE, REHAN KAPADIA, BELLA OPPOSITION TO MANDOKI, CARLOS CARRILLO, and THALIA PLAINTIFFS’ HERRERA, CROSS MOTION Defendants. Mot. Seq. 006/012 ----------------------------------------------------------------------X State of New York ) ) ss: County of New York ) Alexander Prose, being duly sworn deposes and says: 1. I am a Defendant in the above-captioned proceeding and am personally familiar with the facts and circumstances stated herein. I respectfully submit this Reply Affidavit in Further Support of my annexed Motion seeking an Order: (a) Pursuant to CPLR 3212(b), 3211(a)(1) and (a)(7) dismissing the entire Complaint (First through Seventh Causes of Action); (b) Pursuant to CPLR 3212(b) granting summary judgment on Defendant Alexander Prose’s First Counterclaim for a declaratory judgment that Defendant Prose: (a) is a rent-regulated tenant afforded all the protections under the law; (b) Marcel’s refusal to tender a lease to Prose, coupled with Plaintiffs’ initiation of this action, constitutes harassment of a rent regulated tenant, which is prohibited by law; (c) that Prose is entitled to continued occupancy and a rent-regulated lease at the Marcel; and (a) Granting such other and further relief as to this Court may seem just and proper. 1 1 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 and in opposition to Plaintiffs’ cross-motion seeking partial summary judgment on Plaintiffs’ first cause of action for breach of contract, dismissal of Prose’s first counterclaim for a declaratory judgment and seeking alleged arrears pursuant to CPLR § 2201. 2. For the reasons set forth herein, and in my counsel’s annexed Reply Memorandum of Law, it is respectfully requested that my Motion be granted in its entirety, with such other and further relief as to this Court may seem just and proper. BACKGROUND AND RELEVANT PROCEDURAL HISTORY 3. I previously occupied apartment #312 at the Amsterdam Court Hotel, located at 226 West 50th Street, in the County and State of New York. 4. Plaintiff Ali Baba Hotel Corp d/b/a Amsterdam Court Hotel (“Ali Baba”), sought possession of the apartment I had been occupying, and to achieve this, harassed, and intimidated me into signing a drafted and prepared Surrender Agreement dated July 16, 2019 (the “Surrender Agreement”). NYSCEF 127. 5. The Surrender Agreement was prepared entirely by Ali Baba and presented to me already signed by them. Under the Surrender Agreement, I, as occupant, surrendered possession of the apartment to Ali Baba, as owner, in exchange for consideration of $100,000.00 presented to me alongside the Surrender Agreement. NYSCEF 127. 6. Per the language of paragraph 3 of the Surrender Agreement, I, as occupant: “warrants that he will not occupy any other unit affiliated with Owner” NYSCEF 127, Page 1. 7. The meaning and context of “any other unit” is not specified beyond its use in the Surrender Agreement to refer to individual apartments located on the premises. 226 West 50th Street. NYSCEF 127. 2 2 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 8. I was not informed of any alternative interpretation of “any other unit” or “affiliation” nor was I informed of any other buildings or properties considered by Ali Baba to be “affiliated” with them. 9. In accordance with the Surrender Agreement, I have not occupied, or attempted to occupy, any other unit located at 226 West 50th Street. 10. I currently occupy and reside in Unit 1101, and had occupied Unit 1103 for several years, at the Marcel at Gramercy, located at 201 East. 24th Street, in the County and State of New York. 11. I took up occupancy at the Marcel at Gramercy when I checked in on or about the night of October 19, 2021. 12. Specifically, the Marcel at Gramercy is an SRO and I, occupying a Class B dwelling unit for which I requested a lease of more than six months, am therefore a permanent, rent stabilized tenant. 13. At the time I checked in, and to date, the Marcel has not kept, in any public or conspicuous place, a printed copy of section 201, 202 and 206 of the New York General Business Law, nor a statement of the charges or rate of charges by the day and for meals furnished and for lodging. 14. As proof of same, I personally took several photographs of the Marcel which demonstrate that no such statement of charges has been made available. These photographs accurately represent my personal knowledge and perception of The Marcel, as I saw it, at the time these photos were taken. Photographic Proof of Failure to Post Charges is annexed hereto as Exhibit “A” and referenced herein as if fully set forth below. 3 3 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 15. At no point prior to these proceedings was I made aware that the Marcel at Gramercy, as alleged by Plaintiffs, is ‘affiliated’ with Ali Baba. NYSCEF 125. 16. Contrary to the baseless allegation by Plaintiffs, I was never told, prior to Plaintiffs bringing this action, “that the Marcel Hotel is affiliated with the Amsterdam Hotel and that his occupancy violated the express terms of the Surrender Agreement.” NYSCEF 125, Page 6, pp 21. 17. My occupancy at the Marcel at Gramercy is nonetheless not in breach of the Surrender Agreement, and even where alleged to be in breach, does not change my rights as a rent stabilized tenant. The Surrender Agreement, in no way defines ‘affiliated’ or ‘any other unit’ to include the Marcel at Gramercy, nor is such an interpretation reasonable. NYSCEF 127, page 1. 18. On or about October 20, 2021, I demanded a lease, as is my right, by email, to agents of the Marcel at Gramercy. NYSCEF 128. 19. On or about October 22, 2021, agents of the Marcel at Gramercy refused, by email, to issue me a lease. NYSCEF 128. 20. Nonetheless, I have been informed by my attorneys that under New York Law, an occupant may at any time during his or her occupancy request a lease and the owner must, within 15 days after such request, grant a lease which does not exceed the legal regulated rent for a term of at least six months. 21. I have been further informed that, according to decades of case law, the RSC and DHCR guidelines, the hotel occupant who requests such a lease becomes a permanent tenant immediately upon requesting a lease of longer than 6 months. 4 4 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 22. I have also been informed that a Class B dwelling unit in an SRO building is rent stabilized if erected on or before July 1, 1969; contains six or more units; charged no more than $88 a week or $350 a month as of May 31, 1968; and is occupied by a permanent tenant. 23. The building in which the Marcel at Gramercy is situated was built in or about 1925. NYSCEF 136-138. 24. The building in which the Marcel at Gramercy is situated contains six or more housing accommodations. NYSCEF 132. 25. The building in which the Marcel at Gramercy is situated is a Class B Multiple Dwelling and/or contains units that qualify as such. NYSCEF 132. 26. The Marcel at Gramercy contains rooms that do not have both a kitchen and a bathroom, including my unit. 27. As such, and pursuant to designation by the NYC Department of Buildings and/or applicable law, including, without limitation, the Rent Stabilization Code, the Marcel at Gramercy is a Single Room Occupancy (“SRO”) housing accommodation. NYSCEF 135. 28. By virtue of the foregoing, my housing accommodation, and more particularly the unit I occupy is rent-stabilized, and I, having requested a lease, am a permanent tenant of same. 29. During my occupancy at the Marcel at Gramercy, I have not violated any law, code, Statute, policy, procedure, or other rule or regulation codified anywhere in New York, and my occupancy and tenancy thereat is entirely legal, as is my right to have guests or a roommate, and to occupy common areas of the hotel. Although the Verified Amended Complaint alleges that I have engaged in behavior endangering the safety of the hotel guests, none of these guests ever called the police, or attempted to dispossess me through any means, which is why the Verified Amended Complaint lacks such allegations. 5 5 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 30. On or about March 3, 2022 Jay Podolsky, purporting to represent one of the Plaintiffs herein, sat with me and previewed for me the campaign of harassment Plaintiffs are now carrying out through the commencement of this case, including this Motion. During this meeting, Jay Podolsky threatened me and promised to make serious trouble for me, while promising that he would purposely try to devalue the premises in order to get me to leave. Jay Podolsky also admitted to me that the Marcel Hotel is an SRO. He since appears to have altered the use of the Marcel Hotel into a homeless shelter. 31. This is especially noteworthy where Jay Podolsky has been convicted in the past for unlawful eviction, hiring gang members to forcibly remove tenants, and harassing tenant in several other SRO hotels. See People v. Podolsky, 130 Misc.2d 987 496 N.Y.S.2d 619 (N.Y. Sup. Ct. 1985). NYSCEF 139. 32. Coincidentally, having pled guilt to over forty felonies in relation to this abuse of their tenants, Jay Podolsky relied upon turning several of the properties into homeless shelters to avoid a longer sentencing. NYSCEF 139. 33. Now, Jay Podolsky has not only harassed me and several other tenants at yet another SRO hotel, The Marcel, but seeks to have us removed from the premises. Having been confronted with these charges of harassment Podolsky has also coincidentally rebranded The Marcel as a homeless shelter just as he has done in the past to alleviate the repercussion of his actions. NYSCEF 139. 34. I have never conspired with the other named co-defendants in this lawsuit to harass, intimidate, threaten or interfere with the Marcel Hotel and its employees, including calling in false reports to government agencies. During my occupancy, I have never done 6 6 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 anything illegal or which would constitute a violation of any law or tenancy regulation in New York State. 35. I am not, nor have I ever, conspired with the other named co-defendants in this lawsuit to harass, intimidate, threaten, communicate, contact, approach, accost, initiate communications with, distribute written communications to, or otherwise disturb or interfere with any not-for-profit entity or its employees, and the homeless shelter occupants of the Marcel Hotel, including claiming that I am a member of a news organization or government agency. 36. I deny the allegations of the Plaintiffs that I or others acting on my behalf and/or at my direction call in false reports to "311", the Fire Department of New York, the New York Police Department, Con Edison, or any other government agency related to the Marcel Hotel. Any call I have ever made to any city agency was bona fide. Plaintiffs' attempts to restrict my speech and communications are unsustainable and would only endanger the safety and welfare of those in or near the Marcel Hotel. 37. I deny the allegations as outlined by the Plaintiffs that I hosted large gatherings or "parties" in the lounges and lobbies at the Marcel Hotel. Plaintiffs have never informed me that I lack permission and authorization to organize or host parties at the Marcel Hotel at any time. I have never been given for either review or signature any codified set of house rules’ or other regulations governing my tenancy. Nobody has ever approached me to demonstrate what if any rules prohibit anything I have ever said or done. This Motion shows that Plaintiffs' only request for police activity actually resulted in the arrest of one of their own agents. 38. I deny knowledge or information sufficient to form a belief as to any of Plaintiffs' allegations as to any speech, activity or omission of any third party, so the allegation that on December 7, 2021 a false complaint to "311" was called in, that the Marcel Hotel was engaging 7 7 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 in "construction activities" without a permit and a "smoke condition" since even Plaintiffs allege another Defendant - Bella Mandoki - called that in. I have no control over what other tenants or occupants do, especially if there is a dangerous condition to report. 39. I deny the allegations as outlined by the Plaintiffs that I have ever endangered the health and welfare of the Marcel Hotel, its employees, its occupants, and guests by violating the Fire Code of the City of New York. 40. I deny knowledge or information sufficient to form a belief as to the allegations of December 22, 2021 regarding the removal of furniture from Defendant Rehan Kapadia unit creating an alleged fire and safety hazard at the Marcel Hotel since said action was allegedly performed by Defendant Rehan Kapadia. 41. On August 7, 2022, I came to the reception desk to ask about what type of shelter was operating a program in the hotel, the name of the shelter, and how I could make a personal donation to said shelter. There is not a single agreement or law prohibiting this, and Plaintiffs do not cite to any such authority. 42. I flatly deny the allegations that on August 8, 2022 I was belligerent, aggressive, shouting at staff, banging on items, or playing loud music. Nor did I ever leave any trash on the ground or in front of the door of Hadiya Rolle, including a used condom. Surely, a homeless shelter housing 119 families (See, NYSCEF Doc. No. 53, 13) would have security and surveillance measures in Place to prove such behavior. But I am advised the Plaintiffs offered nothing of the sort for this Court to believe their baseless claims. 8 8 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 43. I deny Plaintiffs' allegations that I was video recording people and/or staff without their consent and making them uncomfortable, scared, or fearful. I further deny that I claim to be a member of Channel 1 News. 44. If I ever made any recording I did so outside the Marcel Hotel while on public sidewalks to document conditions of the premises or being harassed by Plaintiffs staff. I understand it to be my legal right to video record where there is public access in traditional public forums, such as . open-air sidewalks used by the general public. 45. I deny that on September 2, 2022, an altercation ensued at my instigation. I do admit that Richard Carberry was involved in an altercation and was subsequently arrested by the New York City Police Department. I was not arrested as a result. I also did not control, drive, park, or otherwise direct Kapadia's vehicle on the day in question and there is no allegation of such mentioned by Plaintiffs. The NYPD apparently saw no reason to arrest or take me into custody for any reason or for any period of time. 46. Rather, the day prior to this incident, Richard Carberry, Hadiya Rolles, and two other shelter staff accosted me in the lobby of the building while I was reading a book and ruthlessly harassed me for over an hour as well as threatened me with physical violence and even went so far as to attempt to flip the table I was calmly sitting at. They called me names and made disparaging remarks about my ethnicity. 47. Ultimately, the accusations by Plaintiffs and in their annexed affidavits (NYSCEF 251-255) that I have breached the Surrender Agreement and “embarked upon a campaign of harassment” are baseless. NYSCEF 125, page 6. My occupancy at the Marcel Hotel is in no way contested by the Surrender Agreement. The Surrender Agreement was exclusively in 9 9 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 10 of 11 FILED: NEW YORK COUNTY CLERK 09/08/2023 12:43 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 318 RECEIVED NYSCEF: 09/08/2023 WORD COUNT CERTIFICATION I hereby certify that pursuant to Rule 202.8-b of the Uniform Civil Rules For The Supreme Court & The County Court, that this Affidavit in Support contains 2,778 words, excluding the caption and signature block, as counted by the word-processing system used to prepare this document. 11 11 of 11