Preview
FILED: NEW YORK COUNTY CLERK 07/13/2023 04:17 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 243 RECEIVED NYSCEF: 07/13/2023
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 LLC d/b/a THE Index No. 150993/2022
MARCEL AT GRAMERCY,
AFFIRMATION IN SUPPORT OF
Plaintiffs, PLAINTIFFS’ FIRST APPLICATION
FOR AN ADJOURNMENT OF
-against- MOTION SEQUENCES 8, 9, 10 & 11
ALEXANDER PROSE, REHAN KAPADIA, BELLA
MANDOKI, CARLOS CARRILLO, and THALIA
HERRERA
Defendants.
SCOTT F. LOFFREDO an attorney duly admitted to practice before the Courts
of the State of New York, hereby affirms the following to be true under the penalties for perjury
pursuant to CPLR § 2106:
1. I am a partner at Belkin Burden Goldman LLP, attorneys for Ali Baba Hotel
Corp d/b/a Amsterdam Court Hotel and East Side Inn LLC d/b/a The Marcel at Gramercy
(“Plaintiffs”) and as such I am familiar with the facts of this action. I submit this affirmation in
support of Plaintiffs’ first application for an adjournment of the four (4) summary judgment
motions of pro se Defendants: (i) Rehan Kapadia (NYSCEF Doc Nos. 144-165), (ii) Bella
Mandoki (NYSCEF Doc Nos 166-184), (iii) Thalia Herrera (NYSCEF Doc Nos 186-204), and (iv)
Carlos Carillo (NYSCEF Doc Nos 205-223) all returnable for the first time in submission Part 130
on July 14, 2023 at 9:30am.
2. For the sake of efficiency, Plaintiffs asks the Court to adopt and so-order
the motion schedule recently stipulated between Plaintiffs and Defendant Alexander Prose found
at NYSCEF Doc No 239 which adjourned Prose’s motion for summary judgment (Motion
1
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Sequence #6) to September 20, 2023 in submission Part 130 so that Plaintiffs could file their cross-
motion/opposition by August 11, 2023, Defendant could then serve opposition to that cross-motion
and reply in further support of its motion by September 8, 2023 and Plaintiffs could then serve
reply in further support of its cross-motion by September 18, 2023. (See NYSCEF Doc No. 239
annexed hereto as Exhibit A).
3. Plaintiffs submit that it would be most efficient for the five (5) summary
judgment motions, together with Plaintiff’s imminent cross-motion, to be briefed on the same
schedule so that all motions may be fully briefed and submitted to the Court September 20, 2023.
4. On July 12, 2023, the senior Court clerk to the Honorable Nancy Bannon
directed that this affirmation be uploaded to NYSCEF separately for each of Motion Sequence #8,
9, 10, and 11 as well as being emailed to the SFC-Part42-Clerk@nycourts.gov and all appearing
parties in this action.
5. This is Plaintiffs’ first application for an adjournment of Motion Sequences
8, 9, 10 and 11.
WHEREFORE, it is respectfully requested that this Court grant the relief sought herein,
with such other and further relief as the Court deems just and proper.
Dated: New York, New York
July 13, 2023
Scott F. Loffredo
____________________________________
Scott F. Loffredo
2
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NYSCEF DOC. NO. 243 07/12/2023
RECEIVED NYSCEF: 07/13/2023
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 LLC d/b/a THE Index No. 150993/2022
MARCEL AT GRAMERCY
STIPULATION OF AD JOURNMENT
Plaintiffs IN PART 130 PURSUANT TO
MOTION SCHEDULE
-against-
(Motion Sequence #6)
ALEXANDER PROSE, REHAN KAPADIA, BELLA
MANDOKI, CARLOS CARRILLO, and THALIA
HERRERA
Defendants
Plaintiffs'
IT IS HEREBY STIPULATED AND AGREED, at attorney's request, that
Plaintiffs'
Defendant Alexander Prose's motion to dismiss complaint pursuant to CPLR 3212(b) and
CPLR 3211, returnable on August 8, 2023 (Motion Sequence #6"), is hereby adjourned on consent to
September 20, 2023 with Plaintiffs to serve and file opposition their cross-motion by August 11, 2023,
Defendant Prose to serve and file opposition to cross-motion and/or reply in further support of his
motion by September 8, 2023 and Plaintiff to serve reply in further support of its cross-motion by
September 18, 2023. This Stipulation may be executed in counterparts, by electronic means, and
signature delivered electronically will be deemed original signatures.
Dated: New York, New York
July 7, 2023
BELKIN BURDEN GOLDMAN, LLP LEON I. BEHAR, P.C.
Attorneys for Plaintiffs Attorneys for Defendant Alexander Prose
One Grand Central Place 347 Fifth Avenue, Suite 1402
42nd
60 East Street New York, New York 10016
New York, New York 10165 (212) 242-0500
(212) 867-4466
By: , By: ,
Scoff F. Loffredo, sq. Leon Behar, Esq.
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FILED: NEW YORK COUNTY CLERK 07/13/2023 04:17 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 243 RECEIVED NYSCEF: 07/13/2023 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 LLC d/b/a THE Index No. 150993/2022 MARCEL AT GRAMERCY, AFFIRMATION IN SUPPORT OF Plaintiffs, PLAINTIFFS’ FIRST APPLICATION FOR AN ADJOURNMENT OF -against- MOTION SEQUENCES 8, 9, 10 & 11 ALEXANDER PROSE, REHAN KAPADIA, BELLA MANDOKI, CARLOS CARRILLO, and THALIA HERRERA Defendants. SCOTT F. LOFFREDO an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following to be true under the penalties for perjury pursuant to CPLR § 2106: 1. I am a partner at Belkin Burden Goldman LLP, attorneys for Ali Baba Hotel Corp d/b/a Amsterdam Court Hotel and East Side Inn LLC d/b/a The Marcel at Gramercy (“Plaintiffs”) and as such I am familiar with the facts of this action. I submit this affirmation in support of Plaintiffs’ first application for an adjournment of the four (4) summary judgment motions of pro se Defendants: (i) Rehan Kapadia (NYSCEF Doc Nos. 144-165), (ii) Bella Mandoki (NYSCEF Doc Nos 166-184), (iii) Thalia Herrera (NYSCEF Doc Nos 186-204), and (iv) Carlos Carillo (NYSCEF Doc Nos 205-223) all returnable for the first time in submission Part 130 on July 14, 2023 at 9:30am. 2. For the sake of efficiency, Plaintiffs asks the Court to adopt and so-order the motion schedule recently stipulated between Plaintiffs and Defendant Alexander Prose found at NYSCEF Doc No 239 which adjourned Prose’s motion for summary judgment (Motion 1 1 of 4 FILED: NEW YORK COUNTY CLERK 07/13/2023 04:17 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 243 RECEIVED NYSCEF: 07/13/2023 Sequence #6) to September 20, 2023 in submission Part 130 so that Plaintiffs could file their cross- motion/opposition by August 11, 2023, Defendant could then serve opposition to that cross-motion and reply in further support of its motion by September 8, 2023 and Plaintiffs could then serve reply in further support of its cross-motion by September 18, 2023. (See NYSCEF Doc No. 239 annexed hereto as Exhibit A). 3. Plaintiffs submit that it would be most efficient for the five (5) summary judgment motions, together with Plaintiff’s imminent cross-motion, to be briefed on the same schedule so that all motions may be fully briefed and submitted to the Court September 20, 2023. 4. On July 12, 2023, the senior Court clerk to the Honorable Nancy Bannon directed that this affirmation be uploaded to NYSCEF separately for each of Motion Sequence #8, 9, 10, and 11 as well as being emailed to the SFC-Part42-Clerk@nycourts.gov and all appearing parties in this action. 5. This is Plaintiffs’ first application for an adjournment of Motion Sequences 8, 9, 10 and 11. WHEREFORE, it is respectfully requested that this Court grant the relief sought herein, with such other and further relief as the Court deems just and proper. Dated: New York, New York July 13, 2023 Scott F. Loffredo ____________________________________ Scott F. Loffredo 2 SLOFFREDO/14893.0002/4244045.1 2 of 4 FILED: NEW YORK COUNTY CLERK 07/13/2023 04:17 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 243 RECEIVED NYSCEF: 07/13/2023 3 of 4 07/12/2023 04:17 FILED: NEW YORK COUNTY CLERK 07/13/2023 02:25 PM INDEX NO. 150993/2022 239 NYSCEF DOC. NO. 243 07/12/2023 RECEIVED NYSCEF: 07/13/2023 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 LLC d/b/a THE Index No. 150993/2022 MARCEL AT GRAMERCY STIPULATION OF AD JOURNMENT Plaintiffs IN PART 130 PURSUANT TO MOTION SCHEDULE -against- (Motion Sequence #6) ALEXANDER PROSE, REHAN KAPADIA, BELLA MANDOKI, CARLOS CARRILLO, and THALIA HERRERA Defendants Plaintiffs' IT IS HEREBY STIPULATED AND AGREED, at attorney's request, that Plaintiffs' Defendant Alexander Prose's motion to dismiss complaint pursuant to CPLR 3212(b) and CPLR 3211, returnable on August 8, 2023 (Motion Sequence #6"), is hereby adjourned on consent to September 20, 2023 with Plaintiffs to serve and file opposition their cross-motion by August 11, 2023, Defendant Prose to serve and file opposition to cross-motion and/or reply in further support of his motion by September 8, 2023 and Plaintiff to serve reply in further support of its cross-motion by September 18, 2023. This Stipulation may be executed in counterparts, by electronic means, and signature delivered electronically will be deemed original signatures. Dated: New York, New York July 7, 2023 BELKIN BURDEN GOLDMAN, LLP LEON I. BEHAR, P.C. Attorneys for Plaintiffs Attorneys for Defendant Alexander Prose One Grand Central Place 347 Fifth Avenue, Suite 1402 42nd 60 East Street New York, New York 10016 New York, New York 10165 (212) 242-0500 (212) 867-4466 By: , By: , Scoff F. Loffredo, sq. Leon Behar, Esq. SLOFFREDO/14893.0002/4237986.1 1 of 4 4 1