Preview
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______________________________________
ALI BABA HOTEL CORP. d/b/a
AMSTERDAM COURT HOTEL
and EAST SIDE INN L.L.C. d/b/a
THE MARCEL AT GRAMERCY,
Plaintiff(s),
v. INDEX NO.
150993/2022
ALEXANDER PROSE, REHAN KAPADOA,
BELLA MANDOKI, THALIA HERRERA,
and CARLOS CARILLO
Defendant(s).
______________________________________
DEFENDANT’S REHAN KAPADIA VERIFIED RESPONSES AND
OBJECTIONS TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
OF DOCUMENTS
Pursuant to Article 31 of the New York Civil Practice Law and Rules
(“CPLR”), Defendant Rehan Kapadia (“Kapadia” or “Defendant”), pro se, hereby
respond and object to Plaintiff Ali Baba Hotel Corp (“Plaintiff”)’s First Set of
Requests for Production of Documents, served on November 23, 2022 (the
“Requests,” and each a “Request”), as follows:
1
1 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
GENERAL OBJECTIONS
The following general objections (the “General Objections”) apply to each
Request and are hereby incorporated by reference as if fully set forth in the
response to each Request (the “Response,” and collectively, the “Responses”).
1. Defendants’ Responses are based on documents or information
presently known to Defendants in this matter. Defendants reserve the right, at any
time, to further amend or to supplement these Responses (including any portion
thereof) and objections, or add additional objections. As discovery is ongoing in
this matter, and only at the most nascent stages, the following Responses, as well
as any documents, information or things produced pursuant hereto, are based on
Defendants’ present state of recollection, knowledge, and belief. The Responses set
forth below are subject to additional or different information that Defendants and
their counsel may discover. Accordingly, Defendants reserve the right to disclose
further information, if necessary, as additional facts are developed and additional
documents are discovered. Defendants further reserve the right to rely on facts,
documents, or other information that may develop or come to its attention at a later
time.
2. Defendants’ Responses are submitted without waiving and while
specifically preserving all objections as to the competency, relevancy, materiality
2
2 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
and admissibility of any information provided in response to the Requests
(including any portion thereof), and the right to object to the use of or reliance on
any particular Response or documents, information, or other material disclosed in
response to the Requests in any motion or application or at any trial, hearing, or
other proceeding. Nothing contained in any Response or Objection herein shall be
deemed to be an admission, concession, or waiver by Defendants as to the
relevance, materiality, or admissibility of any document.
3. Defendants object to the Requests to the extent they are duplicative or
cumulative of other discovery.
4. Defendants object to the Requests to the extent they are overly broad,
unduly burdensome, oppressive, or harassing, seek to impose unreasonable
burdens upon Defendants, seek information that is not relevant to any claim in this
matter, or seek information that is not proportional to the needs of the case.
5. Defendants object to the Requests to the extent they are vague,
ambiguous, not reasonably particular, lacking in specificity or otherwise
incomprehensible or inscrutable, indefinite, incomprehensible, based on erroneous
assumptions, or not susceptible to a reasoned interpretation.
6. The Responses set forth below are based upon Defendants’
interpretation of the language used in the Requests. Defendants reserve their rights
3
3 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
to supplement or amend any or all portions of their Responses asserted herein in
the event that Plaintiffs assert an interpretation that differs from Defendants’
interpretation.
7. Defendants object to the Requests to the extent that they seek
documents or information created in anticipation of litigation and/or protected
from disclosure by any applicable or potentially applicable privilege, including,
without limitation the attorney client privilege, work-product immunity, or any
other applicable privilege or immunity against disclosure. Documents subject to
such privileges or other protections will not be produced. In the event that
privileged documents are inadvertently produced by Defendants, such documents
shall immediately be returned upon Defendants’ request. Any disclosure, including
inadvertent, of privileged documents, information, or other material in response to
the Requests shall not be construed as a waiver of any privilege or other doctrine
protecting against disclosure, or a waiver of Defendants’ right to object to the use
of any information provided in response to the Requests.
8. Defendants object to the Requests to the extent that they require the
disclosure of information that is obtained more efficiently by other disclosure
devices, including but not limited to a deposition upon oral questions.
4
4 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
9. Defendants object to the Requests, including the Instructions and
Definitions contained therein, to the extent they assume or characterize, or are
intended to assume or characterize, facts or law. These Responses shall not
constitute an endorsement, admission, concession, agreement with, or acceptance
of any such assumptions or characterizations. Defendants expressly reserve, and do
not waive, any objections to any characterizations of fact or law set forth in the
Requests. Subject to the objections stated herein and otherwise reserved,
Defendants will utilize Plaintiffs’ Definitions for the purpose of responding to the
Requests, but Defendants do not admit to the characterization of documents, facts,
theories, or conclusions contained in the Definitions.
RESPONSES TO REQUESTS
Subject to and without waiver of the foregoing General Objections, Plaintiff
responds to Defendant’s specific Requests as follows:
REQUEST FOR PRODUCTION No. 1:
Communications and/or documents exchanged between Prose and Plaintiffs
concerning the Surrender Agreement.
RESPONSE TO REQUEST FOR PRODUCTION No. 1:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
5
5 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
REQUEST FOR PRODUCTION No. 2:
Communications and/or documents exchanged between Defendants
concerning the Surrender Agreement.
RESPONSE TO REQUEST FOR PRODUCTION No. 2:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 3
Communications and/or documents exchanged between Prose and any
nonparty to the Lawsuit concerning the Surrender Agreement.
RESPONSE TO REQUEST FOR PRODUCTION No. 3:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 4:
Communications and/or documents exchanged between Defendants
concerning The Marcel Hotel.
RESPONSE TO REQUEST FOR PRODUCTION No. 4:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 5:
Non-privileged communications and/or documents exchanged between
Defendants and any nonparty to the Lawsuit concerning The Marcel Hotel.
6
6 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 5:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 6:
Communications between Defendants and DHCR concerning any properties
leased and/or occupied in the Amsterdam Hotel or Marcel Hotel.
RESPONSE TO REQUEST FOR PRODUCTION No. 6:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 7:
Communications and/or documents concerning any complaints made by
Defendants to “311” and/or https://portal.311.nyc.gov, Con Edison, and/or the
Fire Department of New York concerning conditions at The Marcel Hotel.
RESPONSE TO REQUEST FOR PRODUCTION No. 7:
See attached documents annexed here to Exhibit A.
REQUEST FOR PRODUCTION No. 8:
Communications and/or documents concerning any parties or gatherings at
The Marcel Hotel including without limitation the October 30, 2021 Unpermitted
Halloween Party as identified in paragraph 23(i) of the Complaint (the
“Halloween Party”), the December 8, 2021 Grilling Incident as identified in
paragraph 23(l) of the Complaint, and the December 18, 2021 Lobby Party in the
lobby of The Marcel Hotel as identified in paragraph 23(n) of the Complaint.
Responsive documents to this demand include, but are not limited to,
communications, documents, flyers/posters/graphics, as well as any account
information for or pertaining to the service of Eventbrite, concerning the
Halloween Party.
7
7 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 8:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 9:
Documents concerning police reports filed by or against Prose concerning
events or actions occurring in or about the Marcel Hotel. Responsive documents to
this demand include, but are not limited to, documents concerning any incident
between Prose and an individual by the name of Mr. Carberry, or any police
reports filed involving an allegation of harassment.
RESPONSE TO REQUEST FOR PRODUCTION No. 9:
Rehan Kapadia has no such documents
REQUEST FOR PRODUCTION No. 10:
Communications and/or documents concerning Defendants’ Third
Affirmative Defense that the Marcel Hotel is not affiliated with the owner of the
Amsterdam Court Hotel.
RESPONSE TO REQUEST FOR PRODUCTION No. 10:
See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138.
REQUEST FOR PRODUCTION No. 11:
Communications and/or documents concerning Defendants’ Third
Affirmative Defense that Ali Baba Hotel Corp. does not do business as the
Amsterdam Court Hotel.
RESPONSE TO REQUEST FOR PRODUCTION No. 11:
See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138.
8
8 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
REQUEST FOR PRODUCTION No. 12:
Communications and/or documents concerning Defendants’ Third
Affirmative Defense that East Side Inn, L.L.C. does not do business as The Marcel
at Grammercy.
RESPONSE TO REQUEST FOR PRODUCTION No. 12:
See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138.
REQUEST FOR PRODUCTION No. 13:
Communications and/or documents concerning Defendants’ Third
Affirmative Defense that “there is no affiliation whatsoever between Ali Baba and
East Side.”
RESPONSE TO REQUEST FOR PRODUCTION No. 13:
See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138.
REQUEST FOR PRODUCTION No. 14:
Communications and/or documents concerning Defendants’ Third
Affirmative Defense that “to the extent it is determined there is common ownership
of, by or between any Plaintiff parties, that does not constitute ‘affiliation’ for any
purpose.”
RESPONSE TO REQUEST FOR PRODUCTION No. 14:
See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138.
REQUEST FOR PRODUCTION No. 15:
Communications and/or documents concerning Defendants’ Fourth
Affirmative Defense that the Surrender Agreement “is lacking in one or more
material terms.”
RESPONSE TO REQUEST FOR PRODUCTION No. 15:
The surrender agreement speaks for itself.
9
9 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
REQUEST FOR PRODUCTION No. 16:
Communications and/or documents concerning Prose’s Fifth Affirmative
Defense that “Plaintiffs failed to adequately describe or allege the material terms
of the Surrender Agreement.”
RESPONSE TO REQUEST FOR PRODUCTION No. 16:
The surrender agreement speaks for itself.
REQUEST FOR PRODUCTION No. 17:
Communications and/or documents concerning Prose’s Sixth Affirmative
Defense that Plaintiffs’ claims are “barred by the Parol evidence rule.”
RESPONSE TO REQUEST FOR PRODUCTION No. 17:
The surrender agreement speaks for itself.
REQUEST FOR PRODUCTION No. 18:
Communications and/or documents concerning Prose’s Seventh Affirmative
Defense that “there is nothing ‘unjust’ about Prose retaining the consideration
paid pursuant to the Surrender Agreement.”
RESPONSE TO REQUEST FOR PRODUCTION No. 18:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 19:
Communications and/or documents concerning Prose’s Ninth Affirmative
Defense that Prose “was never on notice” of any affiliation between Plaintiffs.
RESPONSE TO REQUEST FOR PRODUCTION No. 19:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
10
10 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
REQUEST FOR PRODUCTION No. 20:
Communications and/or documents concerning Prose’s Tenth Affirmative
Defense that Plaintiffs’ proposed interpretation of the Surrender Agreement is so
broad and overreaching as to constitute an affront to public policy.
RESPONSE TO REQUEST FOR PRODUCTION No. 20:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 21:
Communications and/or documents concerning Prose’s Eleventh Affirmative
Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Sixth Affirmative
Defense that Albert Faks has no affiliation with any Plaintiff in the Lawsuit.
RESPONSE TO REQUEST FOR PRODUCTION No. 21:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 22:
Communications and/or documents concerning Prose’s Twelfth Affirmative
Defense that Prose fully performed all of his obligations in the Surrender
Agreement.
RESPONSE TO REQUEST FOR PRODUCTION No. 22:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 23:
Communications and/or documents concerning Prose’s Thirteenth
Affirmative Defense that “should it be determined that the Surrender Agreement
should be rescinded, Prose must be fully restored to his rent regulated tenancy at
11
11 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
the Amsterdam Hotel along with all concomitant tenancy and related rights thereat
...including all related costs incurred by such restoration to that tenancy.”
RESPONSE TO REQUEST FOR PRODUCTION No. 23:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 24:
Communications and/or documents concerning Prose’s Fourteenth
Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Seventh
Affirmative Defense that Plaintiffs have not sustained any damages and to the
extent they have, Plaintiffs caused them, permitted them, and/or failed to mitigate
them.
RESPONSE TO REQUEST FOR PRODUCTION No. 24:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 25:
Communications and/or documents concerning Prose’s Fifteenth
Affirmative Defense that “compliance with the Surrender Agreement is ambiguous
and impossible.”
RESPONSE TO REQUEST FOR PRODUCTION No. 25:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 26:
Communications and/or documents concerning Prose’s Fifteenth
Affirmative Defense that “Prose was not informed about any other affiliation with
Amsterdam, the d/b/a owner of the premises Prose originally surrendered.”
12
12 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 26:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 27:
Communications and/or documents concerning Prose’s Fifteenth
Affirmative Defense that “it would be unreasonable to charge Prose with notice or
constructive notice of any such affiliates.”
RESPONSE TO REQUEST FOR PRODUCTION No. 27:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 28:
Communications and/or documents concerning Prose’s Sixteenth
Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Eighth
Affirmative Defense that by virtue of each Defendants’ “occupancy at the Marcel
Hotel, which is a Single-Room-Occupancy (“SRO”) restricted under applicable
law, and [Defendants’] demand for a lease thereat to agents of East Side and/or
the Marcel Hotel...[Defendants’] tenancy thereat is rent regulated and is
protected.”
RESPONSE TO REQUEST FOR PRODUCTION No. 28:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 29:
Communications and/or documents concerning Prose’s Sixteenth
Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Eighth
Affirmative Defense that “Plaintiffs, knowing any attempt to dispossess
[Defendants] or seek [their] ejectment would be fruitless, bring this action only as
13
13 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
an illegal attempt to side-step the law with utterly frivolous claims designed only to
harass, annoy, intimidate or to impose under hardship, cost and expense upon
[Defendants].”
RESPONSE TO REQUEST FOR PRODUCTION No. 29:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 30:
Communications and/or documents concerning the hardship, cost and
expense allegedly incurred by Defendants as a result of this Lawsuit as alleged in
Prose’s Sixteenth Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and
Herrera’s Eighth Affirmative Defense.
RESPONSE TO REQUEST FOR PRODUCTION No. 30:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 31:
Engagement letters and/or retainer agreements between Defendants (or any
of them) and Farber Schneider Ferrari LLP.
RESPONSE TO REQUEST FOR PRODUCTION No. 31:
See NYSCEF 102.
REQUEST FOR PRODUCTION No. 32:
Communications and/or documents concerning Prose’s Twenty-Eighth
Affirmative Defense and Kapadia’s Mandoki’s, Carrillo’s and Herrera’s
Eighteenth Affirmative Defense that East Side Inn, LLC is powerless to enforce any
claims on behalf of the Marcel and any business done by East Side “as” the
Marcel Hotel and/or the Marcel at Gramercy as it violates applicable law
including but not limited to New York’s Limited Liability Law.
14
14 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 32:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 33:
Communications and/or documents concerning Prose’s Twenty-Ninth
Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s
Nineteenth Affirmative Defense that plaintiff Ali Baba Hotel Corp. is in violation of
New York’s Business Corporation Law and therefore is not permitted to enforce
any contract or other claim in the courts of New York.
RESPONSE TO REQUEST FOR PRODUCTION No. 33:
Not applicable.
REQUEST FOR PRODUCTION No. 34:
Communications and/or documents concerning Prose’s Thirty-First
Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s
Twentieth Affirmative Defense that Plaintiffs “are not entitled to pierce their own
corporate veil to impute common ownership or affiliation for self-serving ends.”
RESPONSE TO REQUEST FOR PRODUCTION No. 34:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 35:
Communications and/or documents concerning Prose’s Thirty-First
Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s
Twentieth Affirmative Defense that “Unless at the time the Surrender Agreement
was executed, or Plaintiffs were ever subsidiaries of a parent entity prior to the
commencement of this action, there is no affiliation simply due to commonality of
unit owners or shareholders.”
15
15 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 35:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 36:
Communications and/or documents concerning each of Defendants’
allegations that Defendants “took up occupancy at the Marcel” when they checked
in.
RESPONSE TO REQUEST FOR PRODUCTION No. 36:
Plaintiffs have these documents.
REQUEST FOR PRODUCTION No. 37:
Communications and/or documents concerning Defendants’ written
demand(s) to agents of The Marcel Hotel for a lease.
RESPONSE TO REQUEST FOR PRODUCTION No. 37:
See NYSCEF 128.
48
REQUEST FOR PRODUCTION No. 38:
Communications and/or documents concerning Defendants’ allegations that
the “Marcel Hotel and its owners initiated this action based upon frivolous claims
and utter falsehoods, all a pretext to harass and intimidate [Defendants] who [are]
rent-regulated tenant[s]” as alleged at paragraph 119 of the Prose Answer and
paragraph 111 of Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Answer.
RESPONSE TO REQUEST FOR PRODUCTION No. 38:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
16
16 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
REQUEST FOR PRODUCTION No. 39:
Communications and/or documents concerning the allegations at paragraph
112 of pro se defendants Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Answer
that “Defendant[s][have] suffered statutory damages including without limitation
being compelled to expend considerable legal fees...”
RESPONSE TO REQUEST FOR PRODUCTION No. 39:
After a thorough search by Rehan Kapadia, no communications or
documents have been found or available.
REQUEST FOR PRODUCTION No. 40:
Documents including without limitation video or audio recordings taken by
Defendants at The Marcel Hotel depicting, portraying, or recording The Marcel
Hotel staff, and/or depicting, portraying the residents, occupants, guests, and/or
clients staying at The Marcel Hotel.
RESPONSE TO REQUEST FOR PRODUCTION No. 40:
Trying to locate all videos documenting the criminal behavior of
See attached documents annexed here to Exhibit C.
East Side Inn LLC, and the DHS / Asylum operators.
REQUEST FOR PRODUCTIO No. 41:
Copies of identification cards issued by any governmental or private body,
entity, organization, club, group, union, school, company, employer, library and/or
anyone else to Prose, and any related applications thereto.
RESPONSE TO REQUEST FOR PRODUCTION No. 41:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 42:
Copies of licenses, certificates, identification cards, registrations, titles,
authorizations and permits of any type whatsoever, including but not limited to
those to (a) fly, operate and own any motor vehicle (defined as including, but not
17
17 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
limited to, automobiles, trucks, motorcycles, motor scooters, mopeds, boats, and
airplanes) or equipment; (b) practice or work in any profession or field; (c) own or
carry any weapon, object, equipment or thing; (d) collect or not pay sales or any
other kind of taxes or fees; (e) operate any business, shop or store; (f) sell, store or
keep any product, commodity or thing; (g) provide or engage in any service; (h)
fish or hunt and (i) engage in any other activity, of Prose.
RESPONSE TO REQUEST FOR PRODUCTION No. 42:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 43:
Motor Vehicle Registration(s) for all (past and present) motor vehicles(s)
owned and/or leased by Prose, individually, and/or jointly with another.
RESPONSE TO REQUEST FOR PRODUCTION No. 43:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 44:
Insurance policies for all (past and present) motor vehicle(s) owned and/or
leased by Prose, individually, and/or jointly with another.
RESPONSE TO REQUEST FOR PRODUCTION No. 44:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 45:
Insurance policies including but not limited to renters’ insurance for all
(past and present) properties owned, leased or occupied by Prose, individually,
and/or jointly with another.
18
18 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 45:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 46:
Full versions of all Federal and New York State tax return(s) dated and
signed with all schedules filed by Prose, individually, and/or jointly with another,
redacted as to dollar figures only, except as to the amount, if any, of New York City
Resident or Non-Resident taxes paid.
RESPONSE TO REQUEST FOR PRODUCTION No. 46:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 47:
Full versions of all pay stubs or earnings statements, W-2 Wage and Tax
Statement forms, 1098 and 1099 forms, K-1 forms, pension statements, Social
Security statements, and other evidence of income earned by or issued to Prose,
redacted as to dollar figures only.
RESPONSE TO REQUEST FOR PRODUCTION No. 47:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 48:
Copies of any and all statements of any checking and savings accounts held
in any bank, money market fund or other lending or savings institution by Prose
individually, and/or jointly with another.
19
19 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 48:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 49:
Copies of any and all brokerage statements relative to any brokerage
accounts held in Prose’s name individually, and/or jointly with another.
RESPONSE TO REQUEST FOR PRODUCTION No. 49:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 50:
All past and current voter registration(s) permitting Prose to vote in any
state in the United States or in any foreign country.
RESPONSE TO REQUEST FOR PRODUCTION No. 50:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 51:
All invoices, statements and bills rendered to Prose, relating to debit and/or
credit cards maintained individually, and/or jointly with another including, without
limitation, department stores, gas stations, clothing stores, American Express,
Diners Club, MasterCard, Visa, and Discover.
RESPONSE TO REQUEST FOR PRODUCTION No. 51:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
20
20 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
REQUEST FOR PRODUCTION No. 52:
Copies of all payments made by Prose to any landlord, owner, roommate, or
any other person for the payment of rent or use and occupancy.
RESPONSE TO REQUEST FOR PRODUCTION No. 52:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 53:
Copies of all payments made by Prose to any landlord, owner, roommate, or
any other person pursuant to any residential lease agreement to which Prose is or
was a party.
RESPONSE TO REQUEST FOR PRODUCTION No. 53:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 54:
All invoices, statements and bills rendered to Prose relating to magazine
subscriptions, professional publications, professional association, or membership
dues.
RESPONSE TO REQUEST FOR PRODUCTION No. 54:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 55:
Copies of Prose’s cellular telephone statements.
21
21 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 55:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 56:
Copies of all deeds, leases, renewal leases, occupancy agreements, and
surrender agreements concerning any and all properties owned, leased, or
occupied by Prose, individually, and/or jointly with another including, but not
limited to the properties located at and known as 326 Starr St Apt 3F Brooklyn NY;
73 Meserole Ave Apt 4R, Brooklyn NY; 223 Columbia St, Brooklyn NY; and 602
Manhattan Ave Apt 4D Brooklyn NY. The temporal limitation of this demand is
January 1, 2017 to present.
RESPONSE TO REQUEST FOR PRODUCTION No. 56:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 57:
Correspondence concerning the past, current, or prospective rent
stabilization status(es) of any and all properties owned, leased, or occupied by
Prose, individually, and/or jointly with another including, but not limited to the
properties located at and known as 326 Starr St Apt 3F Brooklyn NY; 73 Meserole
Ave Apt 4R, Brooklyn NY; 223 Columbia St, Brooklyn NY; and 602 Manhattan Ave
Apt 4D Brooklyn NY. The temporal limitation of this demand is January 1, 2017 to
present.
RESPONSE TO REQUEST FOR PRODUCTION No. 57:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
22
22 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
REQUEST FOR PRODUCTION No. 58:
All documents relating to the filing and/or receipt of mortgages, loans, lines
of credit of refinancing of any property, and/or any automobile owned or leased by
Prose individually, and/or jointly with another.
RESPONSE TO REQUEST FOR PRODUCTION No. 58:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 59:
Copies of all pleadings, judgments, liens and/or filings in any action or
proceeding in the city, state or Federal Court, administrative body and/or
international or foreign tribunal to which Prose is or was a party.
RESPONSE TO REQUEST FOR PRODUCTION No. 59:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 60:
Any and all documents relating to any EZ-Pass account(s) maintained by
Prose.
RESPONSE TO REQUEST FOR PRODUCTION No. 60:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 61:
All documents relating to Defendant’s travel (including but not limited to
Uber, Lyft, Amtrak, Long Island Railroad, Metro North Railroad, airline tickets,
car rentals, hotel reservations), including but not limited to all confirmation
notices, receipts, and the list of all addresses to and from which Prose traveled.
23
23 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 61:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 62:
Copies of Prose’s monthly New York City Metro Card activity statements.
RESPONSE TO REQUEST FOR PRODUCTION No. 62:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 63:
Copies of any and all documents relating to Prose’s accounts maintained
with any delivery service (including, but not limited to, Amazon, Fresh Direct,
Grubhub, Seamless, Uber Eats etc.) including, but not limited to, all confirmation
notices, delivery receipts, and the list of all addresses to which Prose requested
deliveries to be sent.
RESPONSE TO REQUEST FOR PRODUCTION No. 63:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 64:
Copies of all social media posts (including, but not limited to, Facebook,
Instagram, Twitter, Snapchat) and all corresponding information associated
therewith, including but limited to all I.P. addresses, metadata and dates
associated with each aforementioned social media post made by Defendants.
24
24 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
RESPONSE TO REQUEST FOR PRODUCTION No. 64:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 65:
Any and all documents relating to Prose’s individual and/or joint
membership to gyms, fitness centers and/or training facilities (collectively,
“Gyms”), including, but not limited to, printouts indicating the dates on which
Prose used the Gyms.
RESPONSE TO REQUEST FOR PRODUCTION No. 65:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
REQUEST FOR PRODUCTION No. 66:
Any and all documents relating to Prose individual and/or joint membership
with any internet-based short-term-rental company/companies (by way of
demonstration, not limitation, AirBnB, VRBO, Booking.com, craigslist.com etc.)
including, but not limited to, contracts/agreements executed by Defendant to
publicize the apartment for short-term use by third party/parties and any and all
documents indicating the dates, times and locations reserved by said third
party/parties for his/her/their short-term use.
RESPONSE TO REQUEST FOR PRODUCTION No. 66:
The document does not relate to what is being litigated in this case; pursuant
to court order, it is not relevant and therefore will not be produced.
25
25 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
26 of 27
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023
27 of 27
Preview
FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______________________________________ ALI BABA HOTEL CORP. d/b/a AMSTERDAM COURT HOTEL and EAST SIDE INN L.L.C. d/b/a THE MARCEL AT GRAMERCY, Plaintiff(s), v. INDEX NO. 150993/2022 ALEXANDER PROSE, REHAN KAPADOA, BELLA MANDOKI, THALIA HERRERA, and CARLOS CARILLO Defendant(s). ______________________________________ DEFENDANT’S REHAN KAPADIA VERIFIED RESPONSES AND OBJECTIONS TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Article 31 of the New York Civil Practice Law and Rules (“CPLR”), Defendant Rehan Kapadia (“Kapadia” or “Defendant”), pro se, hereby respond and object to Plaintiff Ali Baba Hotel Corp (“Plaintiff”)’s First Set of Requests for Production of Documents, served on November 23, 2022 (the “Requests,” and each a “Request”), as follows: 1 1 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 GENERAL OBJECTIONS The following general objections (the “General Objections”) apply to each Request and are hereby incorporated by reference as if fully set forth in the response to each Request (the “Response,” and collectively, the “Responses”). 1. Defendants’ Responses are based on documents or information presently known to Defendants in this matter. Defendants reserve the right, at any time, to further amend or to supplement these Responses (including any portion thereof) and objections, or add additional objections. As discovery is ongoing in this matter, and only at the most nascent stages, the following Responses, as well as any documents, information or things produced pursuant hereto, are based on Defendants’ present state of recollection, knowledge, and belief. The Responses set forth below are subject to additional or different information that Defendants and their counsel may discover. Accordingly, Defendants reserve the right to disclose further information, if necessary, as additional facts are developed and additional documents are discovered. Defendants further reserve the right to rely on facts, documents, or other information that may develop or come to its attention at a later time. 2. Defendants’ Responses are submitted without waiving and while specifically preserving all objections as to the competency, relevancy, materiality 2 2 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 and admissibility of any information provided in response to the Requests (including any portion thereof), and the right to object to the use of or reliance on any particular Response or documents, information, or other material disclosed in response to the Requests in any motion or application or at any trial, hearing, or other proceeding. Nothing contained in any Response or Objection herein shall be deemed to be an admission, concession, or waiver by Defendants as to the relevance, materiality, or admissibility of any document. 3. Defendants object to the Requests to the extent they are duplicative or cumulative of other discovery. 4. Defendants object to the Requests to the extent they are overly broad, unduly burdensome, oppressive, or harassing, seek to impose unreasonable burdens upon Defendants, seek information that is not relevant to any claim in this matter, or seek information that is not proportional to the needs of the case. 5. Defendants object to the Requests to the extent they are vague, ambiguous, not reasonably particular, lacking in specificity or otherwise incomprehensible or inscrutable, indefinite, incomprehensible, based on erroneous assumptions, or not susceptible to a reasoned interpretation. 6. The Responses set forth below are based upon Defendants’ interpretation of the language used in the Requests. Defendants reserve their rights 3 3 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 to supplement or amend any or all portions of their Responses asserted herein in the event that Plaintiffs assert an interpretation that differs from Defendants’ interpretation. 7. Defendants object to the Requests to the extent that they seek documents or information created in anticipation of litigation and/or protected from disclosure by any applicable or potentially applicable privilege, including, without limitation the attorney client privilege, work-product immunity, or any other applicable privilege or immunity against disclosure. Documents subject to such privileges or other protections will not be produced. In the event that privileged documents are inadvertently produced by Defendants, such documents shall immediately be returned upon Defendants’ request. Any disclosure, including inadvertent, of privileged documents, information, or other material in response to the Requests shall not be construed as a waiver of any privilege or other doctrine protecting against disclosure, or a waiver of Defendants’ right to object to the use of any information provided in response to the Requests. 8. Defendants object to the Requests to the extent that they require the disclosure of information that is obtained more efficiently by other disclosure devices, including but not limited to a deposition upon oral questions. 4 4 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 9. Defendants object to the Requests, including the Instructions and Definitions contained therein, to the extent they assume or characterize, or are intended to assume or characterize, facts or law. These Responses shall not constitute an endorsement, admission, concession, agreement with, or acceptance of any such assumptions or characterizations. Defendants expressly reserve, and do not waive, any objections to any characterizations of fact or law set forth in the Requests. Subject to the objections stated herein and otherwise reserved, Defendants will utilize Plaintiffs’ Definitions for the purpose of responding to the Requests, but Defendants do not admit to the characterization of documents, facts, theories, or conclusions contained in the Definitions. RESPONSES TO REQUESTS Subject to and without waiver of the foregoing General Objections, Plaintiff responds to Defendant’s specific Requests as follows: REQUEST FOR PRODUCTION No. 1: Communications and/or documents exchanged between Prose and Plaintiffs concerning the Surrender Agreement. RESPONSE TO REQUEST FOR PRODUCTION No. 1: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. 5 5 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 REQUEST FOR PRODUCTION No. 2: Communications and/or documents exchanged between Defendants concerning the Surrender Agreement. RESPONSE TO REQUEST FOR PRODUCTION No. 2: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 3 Communications and/or documents exchanged between Prose and any nonparty to the Lawsuit concerning the Surrender Agreement. RESPONSE TO REQUEST FOR PRODUCTION No. 3: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 4: Communications and/or documents exchanged between Defendants concerning The Marcel Hotel. RESPONSE TO REQUEST FOR PRODUCTION No. 4: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 5: Non-privileged communications and/or documents exchanged between Defendants and any nonparty to the Lawsuit concerning The Marcel Hotel. 6 6 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 5: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 6: Communications between Defendants and DHCR concerning any properties leased and/or occupied in the Amsterdam Hotel or Marcel Hotel. RESPONSE TO REQUEST FOR PRODUCTION No. 6: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 7: Communications and/or documents concerning any complaints made by Defendants to “311” and/or https://portal.311.nyc.gov, Con Edison, and/or the Fire Department of New York concerning conditions at The Marcel Hotel. RESPONSE TO REQUEST FOR PRODUCTION No. 7: See attached documents annexed here to Exhibit A. REQUEST FOR PRODUCTION No. 8: Communications and/or documents concerning any parties or gatherings at The Marcel Hotel including without limitation the October 30, 2021 Unpermitted Halloween Party as identified in paragraph 23(i) of the Complaint (the “Halloween Party”), the December 8, 2021 Grilling Incident as identified in paragraph 23(l) of the Complaint, and the December 18, 2021 Lobby Party in the lobby of The Marcel Hotel as identified in paragraph 23(n) of the Complaint. Responsive documents to this demand include, but are not limited to, communications, documents, flyers/posters/graphics, as well as any account information for or pertaining to the service of Eventbrite, concerning the Halloween Party. 7 7 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 8: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 9: Documents concerning police reports filed by or against Prose concerning events or actions occurring in or about the Marcel Hotel. Responsive documents to this demand include, but are not limited to, documents concerning any incident between Prose and an individual by the name of Mr. Carberry, or any police reports filed involving an allegation of harassment. RESPONSE TO REQUEST FOR PRODUCTION No. 9: Rehan Kapadia has no such documents REQUEST FOR PRODUCTION No. 10: Communications and/or documents concerning Defendants’ Third Affirmative Defense that the Marcel Hotel is not affiliated with the owner of the Amsterdam Court Hotel. RESPONSE TO REQUEST FOR PRODUCTION No. 10: See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138. REQUEST FOR PRODUCTION No. 11: Communications and/or documents concerning Defendants’ Third Affirmative Defense that Ali Baba Hotel Corp. does not do business as the Amsterdam Court Hotel. RESPONSE TO REQUEST FOR PRODUCTION No. 11: See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138. 8 8 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 REQUEST FOR PRODUCTION No. 12: Communications and/or documents concerning Defendants’ Third Affirmative Defense that East Side Inn, L.L.C. does not do business as The Marcel at Grammercy. RESPONSE TO REQUEST FOR PRODUCTION No. 12: See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138. REQUEST FOR PRODUCTION No. 13: Communications and/or documents concerning Defendants’ Third Affirmative Defense that “there is no affiliation whatsoever between Ali Baba and East Side.” RESPONSE TO REQUEST FOR PRODUCTION No. 13: See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138. REQUEST FOR PRODUCTION No. 14: Communications and/or documents concerning Defendants’ Third Affirmative Defense that “to the extent it is determined there is common ownership of, by or between any Plaintiff parties, that does not constitute ‘affiliation’ for any purpose.” RESPONSE TO REQUEST FOR PRODUCTION No. 14: See NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138. REQUEST FOR PRODUCTION No. 15: Communications and/or documents concerning Defendants’ Fourth Affirmative Defense that the Surrender Agreement “is lacking in one or more material terms.” RESPONSE TO REQUEST FOR PRODUCTION No. 15: The surrender agreement speaks for itself. 9 9 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 REQUEST FOR PRODUCTION No. 16: Communications and/or documents concerning Prose’s Fifth Affirmative Defense that “Plaintiffs failed to adequately describe or allege the material terms of the Surrender Agreement.” RESPONSE TO REQUEST FOR PRODUCTION No. 16: The surrender agreement speaks for itself. REQUEST FOR PRODUCTION No. 17: Communications and/or documents concerning Prose’s Sixth Affirmative Defense that Plaintiffs’ claims are “barred by the Parol evidence rule.” RESPONSE TO REQUEST FOR PRODUCTION No. 17: The surrender agreement speaks for itself. REQUEST FOR PRODUCTION No. 18: Communications and/or documents concerning Prose’s Seventh Affirmative Defense that “there is nothing ‘unjust’ about Prose retaining the consideration paid pursuant to the Surrender Agreement.” RESPONSE TO REQUEST FOR PRODUCTION No. 18: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 19: Communications and/or documents concerning Prose’s Ninth Affirmative Defense that Prose “was never on notice” of any affiliation between Plaintiffs. RESPONSE TO REQUEST FOR PRODUCTION No. 19: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. 10 10 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 REQUEST FOR PRODUCTION No. 20: Communications and/or documents concerning Prose’s Tenth Affirmative Defense that Plaintiffs’ proposed interpretation of the Surrender Agreement is so broad and overreaching as to constitute an affront to public policy. RESPONSE TO REQUEST FOR PRODUCTION No. 20: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 21: Communications and/or documents concerning Prose’s Eleventh Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Sixth Affirmative Defense that Albert Faks has no affiliation with any Plaintiff in the Lawsuit. RESPONSE TO REQUEST FOR PRODUCTION No. 21: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 22: Communications and/or documents concerning Prose’s Twelfth Affirmative Defense that Prose fully performed all of his obligations in the Surrender Agreement. RESPONSE TO REQUEST FOR PRODUCTION No. 22: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 23: Communications and/or documents concerning Prose’s Thirteenth Affirmative Defense that “should it be determined that the Surrender Agreement should be rescinded, Prose must be fully restored to his rent regulated tenancy at 11 11 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 the Amsterdam Hotel along with all concomitant tenancy and related rights thereat ...including all related costs incurred by such restoration to that tenancy.” RESPONSE TO REQUEST FOR PRODUCTION No. 23: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 24: Communications and/or documents concerning Prose’s Fourteenth Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Seventh Affirmative Defense that Plaintiffs have not sustained any damages and to the extent they have, Plaintiffs caused them, permitted them, and/or failed to mitigate them. RESPONSE TO REQUEST FOR PRODUCTION No. 24: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 25: Communications and/or documents concerning Prose’s Fifteenth Affirmative Defense that “compliance with the Surrender Agreement is ambiguous and impossible.” RESPONSE TO REQUEST FOR PRODUCTION No. 25: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 26: Communications and/or documents concerning Prose’s Fifteenth Affirmative Defense that “Prose was not informed about any other affiliation with Amsterdam, the d/b/a owner of the premises Prose originally surrendered.” 12 12 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 26: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 27: Communications and/or documents concerning Prose’s Fifteenth Affirmative Defense that “it would be unreasonable to charge Prose with notice or constructive notice of any such affiliates.” RESPONSE TO REQUEST FOR PRODUCTION No. 27: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 28: Communications and/or documents concerning Prose’s Sixteenth Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Eighth Affirmative Defense that by virtue of each Defendants’ “occupancy at the Marcel Hotel, which is a Single-Room-Occupancy (“SRO”) restricted under applicable law, and [Defendants’] demand for a lease thereat to agents of East Side and/or the Marcel Hotel...[Defendants’] tenancy thereat is rent regulated and is protected.” RESPONSE TO REQUEST FOR PRODUCTION No. 28: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 29: Communications and/or documents concerning Prose’s Sixteenth Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Eighth Affirmative Defense that “Plaintiffs, knowing any attempt to dispossess [Defendants] or seek [their] ejectment would be fruitless, bring this action only as 13 13 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 an illegal attempt to side-step the law with utterly frivolous claims designed only to harass, annoy, intimidate or to impose under hardship, cost and expense upon [Defendants].” RESPONSE TO REQUEST FOR PRODUCTION No. 29: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 30: Communications and/or documents concerning the hardship, cost and expense allegedly incurred by Defendants as a result of this Lawsuit as alleged in Prose’s Sixteenth Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Eighth Affirmative Defense. RESPONSE TO REQUEST FOR PRODUCTION No. 30: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 31: Engagement letters and/or retainer agreements between Defendants (or any of them) and Farber Schneider Ferrari LLP. RESPONSE TO REQUEST FOR PRODUCTION No. 31: See NYSCEF 102. REQUEST FOR PRODUCTION No. 32: Communications and/or documents concerning Prose’s Twenty-Eighth Affirmative Defense and Kapadia’s Mandoki’s, Carrillo’s and Herrera’s Eighteenth Affirmative Defense that East Side Inn, LLC is powerless to enforce any claims on behalf of the Marcel and any business done by East Side “as” the Marcel Hotel and/or the Marcel at Gramercy as it violates applicable law including but not limited to New York’s Limited Liability Law. 14 14 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 32: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 33: Communications and/or documents concerning Prose’s Twenty-Ninth Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Nineteenth Affirmative Defense that plaintiff Ali Baba Hotel Corp. is in violation of New York’s Business Corporation Law and therefore is not permitted to enforce any contract or other claim in the courts of New York. RESPONSE TO REQUEST FOR PRODUCTION No. 33: Not applicable. REQUEST FOR PRODUCTION No. 34: Communications and/or documents concerning Prose’s Thirty-First Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Twentieth Affirmative Defense that Plaintiffs “are not entitled to pierce their own corporate veil to impute common ownership or affiliation for self-serving ends.” RESPONSE TO REQUEST FOR PRODUCTION No. 34: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 35: Communications and/or documents concerning Prose’s Thirty-First Affirmative Defense and Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Twentieth Affirmative Defense that “Unless at the time the Surrender Agreement was executed, or Plaintiffs were ever subsidiaries of a parent entity prior to the commencement of this action, there is no affiliation simply due to commonality of unit owners or shareholders.” 15 15 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 35: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 36: Communications and/or documents concerning each of Defendants’ allegations that Defendants “took up occupancy at the Marcel” when they checked in. RESPONSE TO REQUEST FOR PRODUCTION No. 36: Plaintiffs have these documents. REQUEST FOR PRODUCTION No. 37: Communications and/or documents concerning Defendants’ written demand(s) to agents of The Marcel Hotel for a lease. RESPONSE TO REQUEST FOR PRODUCTION No. 37: See NYSCEF 128. 48 REQUEST FOR PRODUCTION No. 38: Communications and/or documents concerning Defendants’ allegations that the “Marcel Hotel and its owners initiated this action based upon frivolous claims and utter falsehoods, all a pretext to harass and intimidate [Defendants] who [are] rent-regulated tenant[s]” as alleged at paragraph 119 of the Prose Answer and paragraph 111 of Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Answer. RESPONSE TO REQUEST FOR PRODUCTION No. 38: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. 16 16 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 REQUEST FOR PRODUCTION No. 39: Communications and/or documents concerning the allegations at paragraph 112 of pro se defendants Kapadia’s, Mandoki’s, Carrillo’s and Herrera’s Answer that “Defendant[s][have] suffered statutory damages including without limitation being compelled to expend considerable legal fees...” RESPONSE TO REQUEST FOR PRODUCTION No. 39: After a thorough search by Rehan Kapadia, no communications or documents have been found or available. REQUEST FOR PRODUCTION No. 40: Documents including without limitation video or audio recordings taken by Defendants at The Marcel Hotel depicting, portraying, or recording The Marcel Hotel staff, and/or depicting, portraying the residents, occupants, guests, and/or clients staying at The Marcel Hotel. RESPONSE TO REQUEST FOR PRODUCTION No. 40: Trying to locate all videos documenting the criminal behavior of See attached documents annexed here to Exhibit C. East Side Inn LLC, and the DHS / Asylum operators. REQUEST FOR PRODUCTIO No. 41: Copies of identification cards issued by any governmental or private body, entity, organization, club, group, union, school, company, employer, library and/or anyone else to Prose, and any related applications thereto. RESPONSE TO REQUEST FOR PRODUCTION No. 41: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 42: Copies of licenses, certificates, identification cards, registrations, titles, authorizations and permits of any type whatsoever, including but not limited to those to (a) fly, operate and own any motor vehicle (defined as including, but not 17 17 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 limited to, automobiles, trucks, motorcycles, motor scooters, mopeds, boats, and airplanes) or equipment; (b) practice or work in any profession or field; (c) own or carry any weapon, object, equipment or thing; (d) collect or not pay sales or any other kind of taxes or fees; (e) operate any business, shop or store; (f) sell, store or keep any product, commodity or thing; (g) provide or engage in any service; (h) fish or hunt and (i) engage in any other activity, of Prose. RESPONSE TO REQUEST FOR PRODUCTION No. 42: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 43: Motor Vehicle Registration(s) for all (past and present) motor vehicles(s) owned and/or leased by Prose, individually, and/or jointly with another. RESPONSE TO REQUEST FOR PRODUCTION No. 43: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 44: Insurance policies for all (past and present) motor vehicle(s) owned and/or leased by Prose, individually, and/or jointly with another. RESPONSE TO REQUEST FOR PRODUCTION No. 44: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 45: Insurance policies including but not limited to renters’ insurance for all (past and present) properties owned, leased or occupied by Prose, individually, and/or jointly with another. 18 18 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 45: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 46: Full versions of all Federal and New York State tax return(s) dated and signed with all schedules filed by Prose, individually, and/or jointly with another, redacted as to dollar figures only, except as to the amount, if any, of New York City Resident or Non-Resident taxes paid. RESPONSE TO REQUEST FOR PRODUCTION No. 46: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 47: Full versions of all pay stubs or earnings statements, W-2 Wage and Tax Statement forms, 1098 and 1099 forms, K-1 forms, pension statements, Social Security statements, and other evidence of income earned by or issued to Prose, redacted as to dollar figures only. RESPONSE TO REQUEST FOR PRODUCTION No. 47: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 48: Copies of any and all statements of any checking and savings accounts held in any bank, money market fund or other lending or savings institution by Prose individually, and/or jointly with another. 19 19 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 48: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 49: Copies of any and all brokerage statements relative to any brokerage accounts held in Prose’s name individually, and/or jointly with another. RESPONSE TO REQUEST FOR PRODUCTION No. 49: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 50: All past and current voter registration(s) permitting Prose to vote in any state in the United States or in any foreign country. RESPONSE TO REQUEST FOR PRODUCTION No. 50: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 51: All invoices, statements and bills rendered to Prose, relating to debit and/or credit cards maintained individually, and/or jointly with another including, without limitation, department stores, gas stations, clothing stores, American Express, Diners Club, MasterCard, Visa, and Discover. RESPONSE TO REQUEST FOR PRODUCTION No. 51: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. 20 20 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 REQUEST FOR PRODUCTION No. 52: Copies of all payments made by Prose to any landlord, owner, roommate, or any other person for the payment of rent or use and occupancy. RESPONSE TO REQUEST FOR PRODUCTION No. 52: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 53: Copies of all payments made by Prose to any landlord, owner, roommate, or any other person pursuant to any residential lease agreement to which Prose is or was a party. RESPONSE TO REQUEST FOR PRODUCTION No. 53: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 54: All invoices, statements and bills rendered to Prose relating to magazine subscriptions, professional publications, professional association, or membership dues. RESPONSE TO REQUEST FOR PRODUCTION No. 54: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 55: Copies of Prose’s cellular telephone statements. 21 21 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 55: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 56: Copies of all deeds, leases, renewal leases, occupancy agreements, and surrender agreements concerning any and all properties owned, leased, or occupied by Prose, individually, and/or jointly with another including, but not limited to the properties located at and known as 326 Starr St Apt 3F Brooklyn NY; 73 Meserole Ave Apt 4R, Brooklyn NY; 223 Columbia St, Brooklyn NY; and 602 Manhattan Ave Apt 4D Brooklyn NY. The temporal limitation of this demand is January 1, 2017 to present. RESPONSE TO REQUEST FOR PRODUCTION No. 56: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 57: Correspondence concerning the past, current, or prospective rent stabilization status(es) of any and all properties owned, leased, or occupied by Prose, individually, and/or jointly with another including, but not limited to the properties located at and known as 326 Starr St Apt 3F Brooklyn NY; 73 Meserole Ave Apt 4R, Brooklyn NY; 223 Columbia St, Brooklyn NY; and 602 Manhattan Ave Apt 4D Brooklyn NY. The temporal limitation of this demand is January 1, 2017 to present. RESPONSE TO REQUEST FOR PRODUCTION No. 57: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. 22 22 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 REQUEST FOR PRODUCTION No. 58: All documents relating to the filing and/or receipt of mortgages, loans, lines of credit of refinancing of any property, and/or any automobile owned or leased by Prose individually, and/or jointly with another. RESPONSE TO REQUEST FOR PRODUCTION No. 58: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 59: Copies of all pleadings, judgments, liens and/or filings in any action or proceeding in the city, state or Federal Court, administrative body and/or international or foreign tribunal to which Prose is or was a party. RESPONSE TO REQUEST FOR PRODUCTION No. 59: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 60: Any and all documents relating to any EZ-Pass account(s) maintained by Prose. RESPONSE TO REQUEST FOR PRODUCTION No. 60: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 61: All documents relating to Defendant’s travel (including but not limited to Uber, Lyft, Amtrak, Long Island Railroad, Metro North Railroad, airline tickets, car rentals, hotel reservations), including but not limited to all confirmation notices, receipts, and the list of all addresses to and from which Prose traveled. 23 23 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 61: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 62: Copies of Prose’s monthly New York City Metro Card activity statements. RESPONSE TO REQUEST FOR PRODUCTION No. 62: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 63: Copies of any and all documents relating to Prose’s accounts maintained with any delivery service (including, but not limited to, Amazon, Fresh Direct, Grubhub, Seamless, Uber Eats etc.) including, but not limited to, all confirmation notices, delivery receipts, and the list of all addresses to which Prose requested deliveries to be sent. RESPONSE TO REQUEST FOR PRODUCTION No. 63: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 64: Copies of all social media posts (including, but not limited to, Facebook, Instagram, Twitter, Snapchat) and all corresponding information associated therewith, including but limited to all I.P. addresses, metadata and dates associated with each aforementioned social media post made by Defendants. 24 24 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 RESPONSE TO REQUEST FOR PRODUCTION No. 64: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 65: Any and all documents relating to Prose’s individual and/or joint membership to gyms, fitness centers and/or training facilities (collectively, “Gyms”), including, but not limited to, printouts indicating the dates on which Prose used the Gyms. RESPONSE TO REQUEST FOR PRODUCTION No. 65: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. REQUEST FOR PRODUCTION No. 66: Any and all documents relating to Prose individual and/or joint membership with any internet-based short-term-rental company/companies (by way of demonstration, not limitation, AirBnB, VRBO, Booking.com, craigslist.com etc.) including, but not limited to, contracts/agreements executed by Defendant to publicize the apartment for short-term use by third party/parties and any and all documents indicating the dates, times and locations reserved by said third party/parties for his/her/their short-term use. RESPONSE TO REQUEST FOR PRODUCTION No. 66: The document does not relate to what is being litigated in this case; pursuant to court order, it is not relevant and therefore will not be produced. 25 25 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 26 of 27 FILED: NEW YORK COUNTY CLERK 07/01/2023 01:00 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 07/01/2023 27 of 27