Party Statement: Ali Baba Hotel Corp. d/b/a AMSTERDAM COURT HOTEL, East Side Inn L.L.C. d/b/a THE MARCEL AT GRAMERCY v. Alexander Prose, Rehan Kapadia, Bella Mandoki, Carlos Carrillo, Thalia Herrera
On January 28, 2022 a
Party Statement
was filed
involving a dispute between
Ali Baba Hotel Corp.
D B A Amsterdam Court Hotel,
East Side Inn L.L.C.
D B A The Marcel At Gramercy,
and
Alexander Prose,
Bella Mandoki,
Carlos Carrillo,
Rehan Kapadia,
Thalia Herrera,
for Commercial - Other (Breach of Agreement)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
Index No. 150993/2022
ALI BABA HOTEL CORP d/b/a AMSTERDAM COURT
HOTEL and EAST SIDE INN, LLC, d/b/a THE MARCEL AFFIDAVIT PURSUANT TO
AT GRAMEkCY JACKSON V. CITY OF NEW
YORK, 185 A.D.2D 768
(1ST DEPT. 1992).
Plaintiffs,
- against -
ALEXANDEk PROSE, REHAN KAPADIA, BELLA
MANDOKI, CARLOS CARRILLO, and THALIA
HERRERA,
Defendants.
______________________________________________________________________Ç
State of New York )
) ss:
County of New York)
Thalia Herrera, 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 Jackson Affidavit in
Plaintiffs'
support of my Verified Responses And Objection To First Request For Production Of
Plaintiffs'
Documents (NYSCEF 143 or the "Verified Response") and in further response to First
Request For Discovery and Inspection (NYSCEF 99 or the "Demand").
2. Subject to my objections as to the breadth and scope of these demands, I
performed a thorough search for the requested documents in all areas where I believed said
documents and/or information were likely to be found. It is not only absurd, but insane to
continue to request documents that simply do not exist. Everything is either already on
NYSCEF, in the public domain, or doesn't exist. This is just harassment at this point.
1 of 5
FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023
3. More specifically, I searched my physical records, computer database, email and
the documents already filed to NYSCEF, using, as search terms, the language utilized in the
Demand for each individual request. Most of the requests were tailored to Alex Prose. I
don't have any more documents sought by the Demand (and not opposed to in my Verified
Response) that haven't already been produced. The DHCR rent registrations are publicly
available to the proprietors of real property and the tenants of such and have been produced as
requested if such copies were available.
4. Based on my search and review of the documents responsive to the Demand, I
produced, where available, documents and communications responsive to the subject demands
resulting from this search and have made them available to Plaintiff.
5. More specifically, my search revealed:
" Production No. 1: I am not Alex Prose and I don't have those
documents.
" Production No. 2 - After a thorough search, no communications or
documents were found.
" Production No. 3 - I am not Alex Prose and I don't have those
documents.
" Production No. 4 -Any communications I have are uploaded to
NYSCEF already.
" Production No. 5 - After a thorough search, no communications or
documents were found.
2
2 of 5
FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023
" Production No. 6 - Anything I have is already uploaded to NYSCEF.
" Production No. 7 - this material is available in the public realm if it
exists and I have no records.
" Production No. 8 - I did not reside on the premises at this time nor
do I have any communications like this.
" Production No. 9 - I am not Alex Prose and I don't have those
documents. They are available by a FOlL request if you would like
to get them.
" Production No. 10-14 - Responsive documents located and identified as
NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138.
" Production No. 15-17 - Surrender Agreement (NYSCEF identified as
69)
responsive.
" Production No. 18-27 - After a thorough no communications or
search,
documents were found.
" Production No. 28 - Responsive documents located and annexed to Alex
Prose's Verified Response as Exhibit I. I am not Alex Prose and I don't
have those documents.
" Production No. 29- this document speaks for itself in regards to
annoyance and harassment.
" Production No. 30- How do you put a value on the time and effort it
takes to constantly defend oneself in a frivolous lawsuit.
3
3 of 5
FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023
" Production No. 31 - Responsive documents located and identified as
NYSCEF 102. I am not Alex Prose and I don't have those
documents.
" Production No. 32 - After a thorough search, no communications or
documents were found.
" Production No. 33 - Found not applicable.
" Production No. 34-35 - After a thorough no communications or
search,
documents were found.
" Production No. 36 - Plaintiff has these documents and no further
demonstrative documents or communications were found.
" Production No. 37 - Responsive documents located and identified as
NYSCEF 190.
" Production No. 38-39 - After a thorough no communications or
search,
documents were found.
" Production No. 40 - After thoroughly searching, I have no such
pictures or videos.
" Production No. 41-66 - These requests were objected to as being
irrelevant to what is being litigated in this Action and, pursuant to court
order, were not produced.
6. In performing this search, no documents were knowingly disposed of or withheld
Plaintiffs'
so as to undermine rights to full discovery.
4
4 of 5
FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023
7. Should other or further searches reveal responsive documents in the future, they
will be promptly produced as an ongoing obligation in the discovery of this Action.
Sworn to before me this
day of October, 2023 Thalia Herrera
N tary Pub ic
STEFAN PEREZ TEJERA
NOTARY PUBLIC-STATE OF NEW YORK
No. 01PE0001487
Qualified in New York County
My Commission Expires 02-14-2027
5
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X Index No. 150993/2022 ALI BABA HOTEL CORP d/b/a AMSTERDAM COURT HOTEL and EAST SIDE INN, LLC, d/b/a THE MARCEL AFFIDAVIT PURSUANT TO AT GRAMEkCY JACKSON V. CITY OF NEW YORK, 185 A.D.2D 768 (1ST DEPT. 1992). Plaintiffs, - against - ALEXANDEk PROSE, REHAN KAPADIA, BELLA MANDOKI, CARLOS CARRILLO, and THALIA HERRERA, Defendants. ______________________________________________________________________Ç State of New York ) ) ss: County of New York) Thalia Herrera, 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 Jackson Affidavit in Plaintiffs' support of my Verified Responses And Objection To First Request For Production Of Plaintiffs' Documents (NYSCEF 143 or the "Verified Response") and in further response to First Request For Discovery and Inspection (NYSCEF 99 or the "Demand"). 2. Subject to my objections as to the breadth and scope of these demands, I performed a thorough search for the requested documents in all areas where I believed said documents and/or information were likely to be found. It is not only absurd, but insane to continue to request documents that simply do not exist. Everything is either already on NYSCEF, in the public domain, or doesn't exist. This is just harassment at this point. 1 of 5 FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023 3. More specifically, I searched my physical records, computer database, email and the documents already filed to NYSCEF, using, as search terms, the language utilized in the Demand for each individual request. Most of the requests were tailored to Alex Prose. I don't have any more documents sought by the Demand (and not opposed to in my Verified Response) that haven't already been produced. The DHCR rent registrations are publicly available to the proprietors of real property and the tenants of such and have been produced as requested if such copies were available. 4. Based on my search and review of the documents responsive to the Demand, I produced, where available, documents and communications responsive to the subject demands resulting from this search and have made them available to Plaintiff. 5. More specifically, my search revealed: " Production No. 1: I am not Alex Prose and I don't have those documents. " Production No. 2 - After a thorough search, no communications or documents were found. " Production No. 3 - I am not Alex Prose and I don't have those documents. " Production No. 4 -Any communications I have are uploaded to NYSCEF already. " Production No. 5 - After a thorough search, no communications or documents were found. 2 2 of 5 FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023 " Production No. 6 - Anything I have is already uploaded to NYSCEF. " Production No. 7 - this material is available in the public realm if it exists and I have no records. " Production No. 8 - I did not reside on the premises at this time nor do I have any communications like this. " Production No. 9 - I am not Alex Prose and I don't have those documents. They are available by a FOlL request if you would like to get them. " Production No. 10-14 - Responsive documents located and identified as NYSCEF 129, 130, 131 132, 133, 134, 135, 136, 137, 138. " Production No. 15-17 - Surrender Agreement (NYSCEF identified as 69) responsive. " Production No. 18-27 - After a thorough no communications or search, documents were found. " Production No. 28 - Responsive documents located and annexed to Alex Prose's Verified Response as Exhibit I. I am not Alex Prose and I don't have those documents. " Production No. 29- this document speaks for itself in regards to annoyance and harassment. " Production No. 30- How do you put a value on the time and effort it takes to constantly defend oneself in a frivolous lawsuit. 3 3 of 5 FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023 " Production No. 31 - Responsive documents located and identified as NYSCEF 102. I am not Alex Prose and I don't have those documents. " Production No. 32 - After a thorough search, no communications or documents were found. " Production No. 33 - Found not applicable. " Production No. 34-35 - After a thorough no communications or search, documents were found. " Production No. 36 - Plaintiff has these documents and no further demonstrative documents or communications were found. " Production No. 37 - Responsive documents located and identified as NYSCEF 190. " Production No. 38-39 - After a thorough no communications or search, documents were found. " Production No. 40 - After thoroughly searching, I have no such pictures or videos. " Production No. 41-66 - These requests were objected to as being irrelevant to what is being litigated in this Action and, pursuant to court order, were not produced. 6. In performing this search, no documents were knowingly disposed of or withheld Plaintiffs' so as to undermine rights to full discovery. 4 4 of 5 FILED: NEW YORK COUNTY CLERK 10/20/2023 05:29 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/20/2023 7. Should other or further searches reveal responsive documents in the future, they will be promptly produced as an ongoing obligation in the discovery of this Action. Sworn to before me this day of October, 2023 Thalia Herrera N tary Pub ic STEFAN PEREZ TEJERA NOTARY PUBLIC-STATE OF NEW YORK No. 01PE0001487 Qualified in New York County My Commission Expires 02-14-2027 5 5 of 5