Preview
FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023
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 AFFIDAVIT PURSUANT TO
JACKSON V. CITY OF NEW
Plaintiffs, YORK, 185 A.D.2D 768
(1ST DEPT. 1992).
– against –
ALEXANDER PROSE, REHAN KAPADIA, BELLA
MANDOKI, CARLOS CARRILLO, and THALIA
HERRERA,
Defendants.
----------------------------------------------------------------------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 Jackson Affidavit in
support of my Verified Responses And Objection To Plaintiffs’ First Request For Production Of
Documents (NYSCEF 143 or the “Verified Response”) and in further response to Plaintiffs’ 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. Generally speaking, aside from a copy of
the surrender agreement which was submitted, there are, not surprisingly, few documents
associated with this in anyway. As a general rule, I keep very little digital information as it has
slowed down computers / phones etc by using too much memory.
1
FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023
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. I have kept physical records of many important documents
in my girlfriends basement, of which all of the ones sought by the Demand (and not opposed to
in our Verified Response) were produced. I have switched computers twice since 2019. I have
also switched phones and lost basically all of my data stored therein. I have kept some of my old
computers but nothing exists on them of any relevance to this case. Generally, most of the
documents I’ve ever produced for business are retained by the real estate companies for which I
have worked, in compliance with the department of state. I don’t have any more documents
sought by the Demand (and not opposed to in our 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. Having been asked to produce documents kept in and related to my individual
capacity, and not stored or maintained in any form as business or public records, these
documents were not maintained by anyone but myself. Having been evicted, I discarded several
unnecessary items while moving, which included not only personal effects, but also a lot of old
documents, and I had no reason to keep as records many of the documents and communications
sought in the Demand.
5. 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 form this search and have made them available to Plaintiffs as of the date of my
Verified Response (NYSCEF 143).
2
FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023
6. More specifically, my search revealed:
• Production No. 1 – Responsive documents located and annexed to
Verified Response as Exhibits A, B and C.
• Production No. 2 – After a thorough search, no communications or
documents were found.
• Production No. 3 – After a thorough search, no communications or
documents were found.
• Production No. 4 – Responsive documents located and annexed to
Verified Response as Exhibits D, E and NYSCEF 49.
• Production No. 5 – After a thorough search, no communications or
documents were found.
• Production No. 6 – Responsive documents located and annexed to
Verified Response as Exhibit F.
• Production No. 7 – Responsive documents located and annexed to
Verified Response as Exhibit G.
• Production No. 8 – After a thorough search, no communications or
documents were found.
• Production No. 9 – Responsive documents located and annexed to
Verified Response as Exhibit H.
• 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 69) identified as
responsive.
3
FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023
• Production No. 18-27 – After a thorough search, no communications or
documents were found.
• Production No. 28 – Responsive documents located and annexed to
Verified Response as Exhibit I.
• Production No. 28-30 – After a thorough search, no communications or
documents were found.
• Production No. 31 – Responsive documents located and identified as
NYSCEF 102.
• 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 search, no communications or
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 128.
• Production No. 38-39 – After a thorough search, no communications or
documents were found.
• Production No. 40 – Responsive documents were located and supplied.
• 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.
4
FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023
7. In were disposed of or withheld
performing this search, no documents knowingly
Plaintiffs'
so as to undermine rights to full discovery.
8. Should other or further searches reveal responsive documents in the future, they
will be promptly produced as an ongoing obligation in the d sco of this Action.
ry
Sworn to before me this _ d - -
day of October, 2023 exa r Pr e
Notary Public
SAM SUE
Notary Public, State of New York
No. 02SU5066181
Qualified in New York County
Commission Expires September 23,2M6 2 C & f
5
Preview
FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023 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 AFFIDAVIT PURSUANT TO JACKSON V. CITY OF NEW Plaintiffs, YORK, 185 A.D.2D 768 (1ST DEPT. 1992). – against – ALEXANDER PROSE, REHAN KAPADIA, BELLA MANDOKI, CARLOS CARRILLO, and THALIA HERRERA, Defendants. ----------------------------------------------------------------------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 Jackson Affidavit in support of my Verified Responses And Objection To Plaintiffs’ First Request For Production Of Documents (NYSCEF 143 or the “Verified Response”) and in further response to Plaintiffs’ 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. Generally speaking, aside from a copy of the surrender agreement which was submitted, there are, not surprisingly, few documents associated with this in anyway. As a general rule, I keep very little digital information as it has slowed down computers / phones etc by using too much memory. 1 FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023 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. I have kept physical records of many important documents in my girlfriends basement, of which all of the ones sought by the Demand (and not opposed to in our Verified Response) were produced. I have switched computers twice since 2019. I have also switched phones and lost basically all of my data stored therein. I have kept some of my old computers but nothing exists on them of any relevance to this case. Generally, most of the documents I’ve ever produced for business are retained by the real estate companies for which I have worked, in compliance with the department of state. I don’t have any more documents sought by the Demand (and not opposed to in our 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. Having been asked to produce documents kept in and related to my individual capacity, and not stored or maintained in any form as business or public records, these documents were not maintained by anyone but myself. Having been evicted, I discarded several unnecessary items while moving, which included not only personal effects, but also a lot of old documents, and I had no reason to keep as records many of the documents and communications sought in the Demand. 5. 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 form this search and have made them available to Plaintiffs as of the date of my Verified Response (NYSCEF 143). 2 FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023 6. More specifically, my search revealed: • Production No. 1 – Responsive documents located and annexed to Verified Response as Exhibits A, B and C. • Production No. 2 – After a thorough search, no communications or documents were found. • Production No. 3 – After a thorough search, no communications or documents were found. • Production No. 4 – Responsive documents located and annexed to Verified Response as Exhibits D, E and NYSCEF 49. • Production No. 5 – After a thorough search, no communications or documents were found. • Production No. 6 – Responsive documents located and annexed to Verified Response as Exhibit F. • Production No. 7 – Responsive documents located and annexed to Verified Response as Exhibit G. • Production No. 8 – After a thorough search, no communications or documents were found. • Production No. 9 – Responsive documents located and annexed to Verified Response as Exhibit H. • 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 69) identified as responsive. 3 FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023 • Production No. 18-27 – After a thorough search, no communications or documents were found. • Production No. 28 – Responsive documents located and annexed to Verified Response as Exhibit I. • Production No. 28-30 – After a thorough search, no communications or documents were found. • Production No. 31 – Responsive documents located and identified as NYSCEF 102. • 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 search, no communications or 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 128. • Production No. 38-39 – After a thorough search, no communications or documents were found. • Production No. 40 – Responsive documents were located and supplied. • 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. 4 FILED: NEW YORK COUNTY CLERK 10/10/2023 05:30 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 341 RECEIVED NYSCEF: 10/10/2023 7. In were disposed of or withheld performing this search, no documents knowingly Plaintiffs' so as to undermine rights to full discovery. 8. Should other or further searches reveal responsive documents in the future, they will be promptly produced as an ongoing obligation in the d sco of this Action. ry Sworn to before me this _ d - - day of October, 2023 exa r Pr e Notary Public SAM SUE Notary Public, State of New York No. 02SU5066181 Qualified in New York County Commission Expires September 23,2M6 2 C & f 5