Preview
FILED: NEW YORK COUNTY CLERK 06/26/2023 07:59 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 06/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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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 NOTICE OF MOTION FOR
SUMMARY JUDGMENT
Plaintiffs,
Mot. Seq. 10
– against –
ALEX PROSE, REHAN KAPADIA, BELLA MANDOKI,
CARLOS CARRILLO, and THALIA HERRERA,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE that upon the annexed Affidavit of Defendant Carlos
Carrillo, sworn to on June 21, 2023, the annexed Memorandum of Law June 26, 2023, the
annexed Statement of Material Facts dated June 26, 2023, the exhibits annexed hereto, and upon
all the prior pleadings and proceedings heretofore and herein; Defendant Carlos Carrillo shall
move this Court at the Supreme Court of the City of New York, County of New York located at
60 Centre Street, Part 42, Room 428, New York, New York 10013 on the 14th day of July, 2023
at 9:30 a.m, or as soon thereafter as counsel may be heard, for an Order:
(a) Pursuant to CPLR 3212(b), 3211(a)(1) and (a)(7) dismissing the entire
Complaint (First through Seventh Causes of Action);
(b) Pursuant to CPLR 3212(b) granting summary judgment on Defendant Carlos
Carrillo’s First Counterclaim for a declaratory judgment that Defendant
Carrillo: (a) is a rent-regulated tenant afforded all the protections under the
law; (b) Marcel’s refusal to tender a lease to Carrillo, coupled with Plaintiffs’
initiation of this action, constitutes harassment of a rent regulated tenant,
which is prohibited by law; (c) that Carrillo is entitled to continued occupancy
and a rent-regulated lease at the Marcel); and
(c) Granting such other and further relief as to this Court may seem just and
proper.
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FILED: NEW YORK COUNTY CLERK 06/26/2023 07:59 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 06/26/2023
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Section 2214(b),
answering papers, if any, are required to be served, by electronic transmission through the New
York State Courts Electronic Filing (NYSCEF) so as to be received by the undersigned at least
seven (7) days prior to the return date.
Dated: New York, New York
June 26, 2023
Yours,
/s/Carlos Carrillo
Carlos Carrillo
201 e 24 #1003
NY NY 10010
917-743-3474
To:
All Parties via NYSCEF
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2 of 3
FILED: NEW YORK COUNTY CLERK 06/26/2023 07:59 PM INDEX NO. 150993/2022
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 06/26/2023
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
Plaintiffs,
– against –
REHAN KAPADIA, REHAN KAPADIA, BELLA
MANDOKI, CARLOS CARRILLO, and THALIA
HERRERA,
Defendants.
----------------------------------------------------------------------X
NOTICE OF MOTION
Carlos Carrillo
201 e 24 #1003
NY NY 10010
917-743-3474
Pursuant to 22 NYCRR 130-1.1, Carlos Carrillo hereby certifies that, upon information and belief,
and reasonable inquiry, the contentions stated in the annexed documents are not frivolous.
Dated: New York, New York
June 26, 2023
/s/Carlos Carrillo
Carlos Carrillo
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Preview
FILED: NEW YORK COUNTY CLERK 06/26/2023 07:59 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 06/26/2023 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 NOTICE OF MOTION FOR SUMMARY JUDGMENT Plaintiffs, Mot. Seq. 10 – against – ALEX PROSE, REHAN KAPADIA, BELLA MANDOKI, CARLOS CARRILLO, and THALIA HERRERA, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that upon the annexed Affidavit of Defendant Carlos Carrillo, sworn to on June 21, 2023, the annexed Memorandum of Law June 26, 2023, the annexed Statement of Material Facts dated June 26, 2023, the exhibits annexed hereto, and upon all the prior pleadings and proceedings heretofore and herein; Defendant Carlos Carrillo shall move this Court at the Supreme Court of the City of New York, County of New York located at 60 Centre Street, Part 42, Room 428, New York, New York 10013 on the 14th day of July, 2023 at 9:30 a.m, or as soon thereafter as counsel may be heard, for an Order: (a) Pursuant to CPLR 3212(b), 3211(a)(1) and (a)(7) dismissing the entire Complaint (First through Seventh Causes of Action); (b) Pursuant to CPLR 3212(b) granting summary judgment on Defendant Carlos Carrillo’s First Counterclaim for a declaratory judgment that Defendant Carrillo: (a) is a rent-regulated tenant afforded all the protections under the law; (b) Marcel’s refusal to tender a lease to Carrillo, coupled with Plaintiffs’ initiation of this action, constitutes harassment of a rent regulated tenant, which is prohibited by law; (c) that Carrillo is entitled to continued occupancy and a rent-regulated lease at the Marcel); and (c) Granting such other and further relief as to this Court may seem just and proper. 1 1 of 3 FILED: NEW YORK COUNTY CLERK 06/26/2023 07:59 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 06/26/2023 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Section 2214(b), answering papers, if any, are required to be served, by electronic transmission through the New York State Courts Electronic Filing (NYSCEF) so as to be received by the undersigned at least seven (7) days prior to the return date. Dated: New York, New York June 26, 2023 Yours, /s/Carlos Carrillo Carlos Carrillo 201 e 24 #1003 NY NY 10010 917-743-3474 To: All Parties via NYSCEF 2 2 of 3 FILED: NEW YORK COUNTY CLERK 06/26/2023 07:59 PM INDEX NO. 150993/2022 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 06/26/2023 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 Plaintiffs, – against – REHAN KAPADIA, REHAN KAPADIA, BELLA MANDOKI, CARLOS CARRILLO, and THALIA HERRERA, Defendants. ----------------------------------------------------------------------X NOTICE OF MOTION Carlos Carrillo 201 e 24 #1003 NY NY 10010 917-743-3474 Pursuant to 22 NYCRR 130-1.1, Carlos Carrillo hereby certifies that, upon information and belief, and reasonable inquiry, the contentions stated in the annexed documents are not frivolous. Dated: New York, New York June 26, 2023 /s/Carlos Carrillo Carlos Carrillo 3 3 of 3