Preview
FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------- x
ALI BABA HOTEL CORP., d/b/a AMSTERDAM
COURT HOTEL and EAST SIDE INN LLC, d/b/a :
: Index No. 150993/2022
THE MARCEL AT GRAMERCY,
:
:
Plaintiffs, : AFFIDAVIT OF ANA LOPEZ
:
- against - :
: (Motion Sequence #12 and in Opposition
ALEXANDER PROSE, REHAN KAPADIA, :
BELLA MANDOKI, CARLOS CARRILLO and : to Motion Sequence #6, 8, 9, 10, & 11)
THALIA HERRERA :
:
:
Defendants. :
-------------------------------------------------------------- x
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
ANA LOPEZ, being duly sworn, deposes and says:
1. I am the hotel manager for the Marcel Hotel at Gramercy, which is located at 321
3rd Avenue, New York, NY (the “Marcel Hotel”), and have worked there for several years. As
such, I am fully familiar with the facts and circumstances hereinafter set forth based on my
personal knowledge and a review of the books and records of the Marcel Hotel. This affidavit is
respectfully submitted in support of Plaintiffs’ cross-motion for partial summary judgment and
other relief and in opposition to Defendants’ motions for summary judgment. 1
2. On October 19, 2021, Alexander Prose checked-into the Marcel Hotel for a one
night stay and, like all hotel guests, signed a check-in form stating that,“The Hotel Guest Warrants
1
Defined terms, unless specified otherwise, shall have the same meaning and effect as set forth within the
annexed August 11, 2023 affirmation of Scott F. Loffredo (“Loffredo Affirmation”).
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FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023
and represents that he/she or no person or persons has or will claim rights of continued occupancy
or tenancy with the respect to the Hotel including but not limited to family members and/or
persons. Further guest is not allowed to stay great than 21 days within the Hotel”, and then took
the form with him. Following check-in, Mr. Prose immediately demanded a hotel stabilized lease
or a $100,000.00 payment instead of a lease.
3. When a lease was not provided, Mr. Prose met with Jay Podolsky and me in the
hotel lobby at the Marcel Hotel. Mr. Podolsky reminded Mr. Prose of the $100,000.00 check that
he received in 2019 in exchange for promising to leave the Amsterdam Court Hotel and to never
move into any unit affiliated with the owner of the Amsterdam Court Hotel, as stated in the
surrender agreement. Mr. Podolsky also reminded Mr. Prose that, in 2019, he had expressly told
Mr. Prose that the Marcel Hotel was an affiliated hotel of Amsterdam Court Hotel and said that,
in any event, he was again being told now so he should move out. In response, Mr. Prose refused
to vacate the hotel unit. Since checking in, Mr. Prose has not paid anything for his continued
occupancy of the unit 1101 and has refused to pay the $249 nightly rate that he agreed to pay. See
Exhibit M.
4. Over the next few months, Mr. Prose enlisted various friends of his to mirror his
conduct. Defendants Rehan Kapadia, Bella Mandoki, Carlos Carrillo, and Thalia Herrera each
checked-in and, immediately after check-in, emailed the front desk and demanded a rent-stabilized
lease using the identical language and supposedly supporting pamphlet entitled “SRO Tenants:
Know Your Rights”. Specifically, on December 5, 2021, Bella Mandoki checked into Room 1103
at the Marcel Hotel; on December 17, 2021, Rehan Kapadia checked into Room 814 at the Marcel
Hotel; on January 27, 2022, Carlos Carrillo checked into Room 1003 at the Marcel Hotel; and on
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FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023
January 27, 2022, Thalia Herrera checked into Room 704 of the Marcel Hotel. The Defendants
all occupy units on the newer floors that, I have been told, were built in 2007.
5. Once checking in, Prose and Kapadia undertook consistent and coordinated efforts
to harass building staff as well as guests of the non-for-profit shelter currently occupying the
Marcel Hotel. The details of Prose and Kapadia’s conduct is set forth in my September 29, 2022
affidavit, which is incorporated by reference and attached as Exhibit PP to this motion.
6. Upon check-in, each Defendant signed a check-in form agreeing to pay a certain
nightly rate for the respective room and represented they would not be staying in the room assigned
to them for a period greater than twenty (20) days. A true and accurate copy of the check-in
receipts executed by Defendants are annexed as Exhibits M, N, O, P & Q. Yet, when a lease was
not provided, each of the Defendants refused to pay any charges for their stay and occupancy of
the rooms. To date, none of the Defendants have paid anything for their occupancy of the rooms.
7. Despite demanding leases, Rehan Kapadia is rarely if ever seen at the Marcel Hotel
by building staff. At most he is seen at the property once a month and does not stay overnight.
Carlos Carrillo and Thalia Herrera are never seen at the Marcel Hotel; and Bella Mandoki was not
seen at the Marcel Hotel from June of 2022 through December of 2022. Since January 2023 she
has been seen at Marcel Hotel more often (several times per week).
8. Upon checking into the Marcel Hotel, Carlos Carrillo asked that Alexander Prose
be given unfettered access to his room. When Mandoki moved out of the Marcel Hotel, she also
asked that Prose be given unfettered access to her room. I reported these requests to ownership.
9. In all my years as a hotel manager, it is very unusual for a guest to have a local New
York City address as most of the guests have been from other states or other countries and are just
visiting New York City for a short period of time.
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FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023
10. Given their absence from the Marcel Hotel and review of Civil Court records
located by Plaintiffs’ counsel on NYSCEF, it is my belief that these Defendants live elsewhere,
most likely at the Brooklyn, New York addresses that they gave when they first checked-in. In
the signed check-in forms, Bella Mandoki gave an address of 293 N 7th St, Brooklyn, NY 11211;
Carlos Carrillo gave an address of 199 Green Street, Brooklyn, NY 11222; Thalia Herrera gave an
address of 109 Freeman Street, 1R, Brooklyn, NY 11222. Civil Court records clearly show that
Rehan Kapadia currently resides at 107 Freeman Street, Brooklyn, NY.
11. Lastly, for as long as I have been working there (except for the time that the City
of New York rented the hotel to use for the recent immigrant crisis and when shut due to COVID),
the Marcel Hotel has been a commercial hotel and the rooms that Defendants checked-in to have
only been used for transient-hotel stays (stays less than 20 days). No individual has ever requested
a lease for these rooms until Defendants.
12. True and accurate copies of the Marcel Hotel’s 2018 rental history for rooms 704,
814, 1003, 1101 and 1104 maintained via an automated/computer hotel management program are
annexed as Exhibit WW. I worked at the Marcel Hotel in 2017 and 2018. These documents are
business records kept in the regular course of business and overseen by me as hotel manager. The
entries found therein were entered contemporaneously via an automated/computer hotel
management program when someone rented a room at the Marcel.
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FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023
Dated: New York, New York
August 11 2023
An Lopez .
SwoT!o before me this
day of Anggsts 2023
. LINDAK 0)A|
Notisy PublicEstateef NewYork
Registrati¦No.0to 7
. Qualified hNeu York .
Commisclon¾2pires Decembet 2026
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------- x ALI BABA HOTEL CORP., d/b/a AMSTERDAM COURT HOTEL and EAST SIDE INN LLC, d/b/a : : Index No. 150993/2022 THE MARCEL AT GRAMERCY, : : Plaintiffs, : AFFIDAVIT OF ANA LOPEZ : - against - : : (Motion Sequence #12 and in Opposition ALEXANDER PROSE, REHAN KAPADIA, : BELLA MANDOKI, CARLOS CARRILLO and : to Motion Sequence #6, 8, 9, 10, & 11) THALIA HERRERA : : : Defendants. : -------------------------------------------------------------- x STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) ANA LOPEZ, being duly sworn, deposes and says: 1. I am the hotel manager for the Marcel Hotel at Gramercy, which is located at 321 3rd Avenue, New York, NY (the “Marcel Hotel”), and have worked there for several years. As such, I am fully familiar with the facts and circumstances hereinafter set forth based on my personal knowledge and a review of the books and records of the Marcel Hotel. This affidavit is respectfully submitted in support of Plaintiffs’ cross-motion for partial summary judgment and other relief and in opposition to Defendants’ motions for summary judgment. 1 2. On October 19, 2021, Alexander Prose checked-into the Marcel Hotel for a one night stay and, like all hotel guests, signed a check-in form stating that,“The Hotel Guest Warrants 1 Defined terms, unless specified otherwise, shall have the same meaning and effect as set forth within the annexed August 11, 2023 affirmation of Scott F. Loffredo (“Loffredo Affirmation”). 1 of 5 FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023 and represents that he/she or no person or persons has or will claim rights of continued occupancy or tenancy with the respect to the Hotel including but not limited to family members and/or persons. Further guest is not allowed to stay great than 21 days within the Hotel”, and then took the form with him. Following check-in, Mr. Prose immediately demanded a hotel stabilized lease or a $100,000.00 payment instead of a lease. 3. When a lease was not provided, Mr. Prose met with Jay Podolsky and me in the hotel lobby at the Marcel Hotel. Mr. Podolsky reminded Mr. Prose of the $100,000.00 check that he received in 2019 in exchange for promising to leave the Amsterdam Court Hotel and to never move into any unit affiliated with the owner of the Amsterdam Court Hotel, as stated in the surrender agreement. Mr. Podolsky also reminded Mr. Prose that, in 2019, he had expressly told Mr. Prose that the Marcel Hotel was an affiliated hotel of Amsterdam Court Hotel and said that, in any event, he was again being told now so he should move out. In response, Mr. Prose refused to vacate the hotel unit. Since checking in, Mr. Prose has not paid anything for his continued occupancy of the unit 1101 and has refused to pay the $249 nightly rate that he agreed to pay. See Exhibit M. 4. Over the next few months, Mr. Prose enlisted various friends of his to mirror his conduct. Defendants Rehan Kapadia, Bella Mandoki, Carlos Carrillo, and Thalia Herrera each checked-in and, immediately after check-in, emailed the front desk and demanded a rent-stabilized lease using the identical language and supposedly supporting pamphlet entitled “SRO Tenants: Know Your Rights”. Specifically, on December 5, 2021, Bella Mandoki checked into Room 1103 at the Marcel Hotel; on December 17, 2021, Rehan Kapadia checked into Room 814 at the Marcel Hotel; on January 27, 2022, Carlos Carrillo checked into Room 1003 at the Marcel Hotel; and on 2 of 5 FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023 January 27, 2022, Thalia Herrera checked into Room 704 of the Marcel Hotel. The Defendants all occupy units on the newer floors that, I have been told, were built in 2007. 5. Once checking in, Prose and Kapadia undertook consistent and coordinated efforts to harass building staff as well as guests of the non-for-profit shelter currently occupying the Marcel Hotel. The details of Prose and Kapadia’s conduct is set forth in my September 29, 2022 affidavit, which is incorporated by reference and attached as Exhibit PP to this motion. 6. Upon check-in, each Defendant signed a check-in form agreeing to pay a certain nightly rate for the respective room and represented they would not be staying in the room assigned to them for a period greater than twenty (20) days. A true and accurate copy of the check-in receipts executed by Defendants are annexed as Exhibits M, N, O, P & Q. Yet, when a lease was not provided, each of the Defendants refused to pay any charges for their stay and occupancy of the rooms. To date, none of the Defendants have paid anything for their occupancy of the rooms. 7. Despite demanding leases, Rehan Kapadia is rarely if ever seen at the Marcel Hotel by building staff. At most he is seen at the property once a month and does not stay overnight. Carlos Carrillo and Thalia Herrera are never seen at the Marcel Hotel; and Bella Mandoki was not seen at the Marcel Hotel from June of 2022 through December of 2022. Since January 2023 she has been seen at Marcel Hotel more often (several times per week). 8. Upon checking into the Marcel Hotel, Carlos Carrillo asked that Alexander Prose be given unfettered access to his room. When Mandoki moved out of the Marcel Hotel, she also asked that Prose be given unfettered access to her room. I reported these requests to ownership. 9. In all my years as a hotel manager, it is very unusual for a guest to have a local New York City address as most of the guests have been from other states or other countries and are just visiting New York City for a short period of time. 3 of 5 FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023 10. Given their absence from the Marcel Hotel and review of Civil Court records located by Plaintiffs’ counsel on NYSCEF, it is my belief that these Defendants live elsewhere, most likely at the Brooklyn, New York addresses that they gave when they first checked-in. In the signed check-in forms, Bella Mandoki gave an address of 293 N 7th St, Brooklyn, NY 11211; Carlos Carrillo gave an address of 199 Green Street, Brooklyn, NY 11222; Thalia Herrera gave an address of 109 Freeman Street, 1R, Brooklyn, NY 11222. Civil Court records clearly show that Rehan Kapadia currently resides at 107 Freeman Street, Brooklyn, NY. 11. Lastly, for as long as I have been working there (except for the time that the City of New York rented the hotel to use for the recent immigrant crisis and when shut due to COVID), the Marcel Hotel has been a commercial hotel and the rooms that Defendants checked-in to have only been used for transient-hotel stays (stays less than 20 days). No individual has ever requested a lease for these rooms until Defendants. 12. True and accurate copies of the Marcel Hotel’s 2018 rental history for rooms 704, 814, 1003, 1101 and 1104 maintained via an automated/computer hotel management program are annexed as Exhibit WW. I worked at the Marcel Hotel in 2017 and 2018. These documents are business records kept in the regular course of business and overseen by me as hotel manager. The entries found therein were entered contemporaneously via an automated/computer hotel management program when someone rented a room at the Marcel. 4 of 5 FILED: NEW YORK COUNTY CLERK 08/11/2023 05:22 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 255 RECEIVED NYSCEF: 08/11/2023 Dated: New York, New York August 11 2023 An Lopez . SwoT!o before me this day of Anggsts 2023 . LINDAK 0)A| Notisy PublicEstateef NewYork Registrati¦No.0to 7 . Qualified hNeu York . Commisclon¾2pires Decembet 2026 5 of 5