Preview
At an IAS Part of the Supreme Court
of the State of New York, held in
and for the County of New York at
the Courthouse, New York, New
York, on the __day of
__________________, 2021.
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
-------------------------------------- x
YASEMIN TEKINER, :
:
in her individual capacity, as a beneficiary and a :
Trustee of The Yasemin Tekiner 2011 :
Descendants Trust and derivatively as a holder :
of equitable interests in a shareholder or a : Index No. 657193/20
member of the Company Defendants, :
: ORDER TO SHOW CAUSE FOR
Plaintiff, : PRELIMINARY INJUNCTION
: WITH TEMPORARY
- against – : RESTRAINING ORDER
:
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, : ORAL ARGUMENT
INC., GERMAN NEWS COMPANY, INC., GERMAN : REQUESTED
NEWS TEXAS, INC., 254 - 258 W. 35TH ST. LLC, :
BERRIN TEKINER, GONCA TEKINER, and :
BILLUR AKIPEK, in her capacity as a Trustee of :
The Yasemin Tekiner 2011 Descendants Trust, :
:
Defendants. :
-------------------------------------- x
Plaintiff, Yasemin Tekiner (“Yasemin”), by her attorneys, Patterson Belknap Webb &
Tyler LLP, having moved this Court for an Order to Show Cause why a further Order should not
be issued against Defendants, Bremen House, Inc., Bremen House Texas, Inc., German News
Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC (collectively the
“Company Defendants”), Berrin Tekiner and Gonca Tekiner (collectively “Defendants”),
enjoining and restraining Defendants, pursuant to CPLR 6301, 6311, 6312 and 6313: a) from
taking any acts to retaliate against Yasemin, including but not limited to terminating Yasemin as
a director, officer or employee of the Company Defendants, reducing her salary, bonus or other
payments or impairing her right to occupy her home; and b) from using any funds or assets of the
Company Defendants to pay the legal fees and expenses of Defendants, Berrin Tekiner or Gonca
Tekiner (the “Individual Defendants”), in defending this action, and further seeking a Temporary
Restraining Order restraining Defendants from taking any of the actions sought to be enjoined
pending a hearing on this motion;
NOW, upon application of Plaintiff, and
UPON the annexed emergency affirmation of Stephen P. Younger, sworn to on January
4, 2021, the annexed affidavit of Yasemin Tekiner, named as Plaintiff herein, sworn to on
December 31, 2020, and the exhibits annexed hereto, the accompanying memorandum of law,
and the Summons and Verified Complaint, and upon all the papers filed and proceedings had
herein,
LET Defendants show cause before one of the Justices of this Supreme Court of the State
of New York, at the Courthouse Part __ at 60 Centre Street, New York, New York, on the ____
day of ______________________, 2021 at 9:30 am, or as soon thereafter as counsel can be
heard,
WHY an order and judgment should not be made and entered:
1. Enjoining and restraining Defendants and their directors, officers employees, agents,
representatives and all persons or entities acting in concert with them from taking any acts to
retaliate against Yasemin, including but not limited to terminating Yasemin as a director, officer
or employee of the Company Defendants, reducing her salary, bonus or other amounts payable
by the Company Defendants or impairing her right to occupy her home; and
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2. Enjoining and restraining Defendants and their directors, officers employees, agents,
representatives and all persons or entities acting in concert with them from using any funds or
assets of the Company Defendants to pay the legal fees and expenses of the Individual
Defendants, Berrin Tekiner or Gonca Tekiner, in defending this action; and
3. Granting such other and further relief as this Court deems just and proper.
IT IS HEREBY ORDERED, that pending the hearing and determination of this motion,
Defendants, and their directors, officers employees, agents, representatives and all persons or
entities acting in concert with them be and they hereby are restrained and enjoined from, pending
the hearing and determination of this motion, taking any and all actions:
1. to retaliate against plaintiff Yasemin Tekiner, including but not limited to terminating
Yasemin Tekiner as a director, officer or employee of any of the Company Defendants, reducing
her salary, bonus or other amounts payable by the Company Defendants or impairing her right to
occupy her home; and
2. to use any funds or assets of the Company Defendants to pay the legal fees and expenses of
the Individual Defendants, Berrin Tekiner or Gonca Tekiner, in defending this action; and it is
further
ORDERED that any responsive papers to this motion by Order to Show Cause shall be
served by hand or overnight courier on counsel for Plaintiff, Patterson Belknap Webb & Tyler
LLP, at their offices at 1133 Avenue of the Americas, New York, New York 10036 and filed
with the Clerk on or before _______________, 2021; and it is further
ORDERED that any reply papers by Plaintiff shall be served by hand or overnight courier
on counsel for Defendants and filed with the Clerk on or before _____________________, 2021;
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SUFFICIENT REASON APPEARING THEREFOR, it is hereby
ORDERED, that service of a copy of this Order to Show Cause together with copies of
the papers upon which it was made, and the Summons and Verified Complaint, upon all
Defendants or their attorneys herein, on or before the ____ day of ___________________, 2021,
shall be deemed sufficient and proper service of this application.
Dated: __________________ ENTER:
____________________________________
Justice of the Supreme Court
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Preview
At an IAS Part of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse, New York, New York, on the __day of __________________, 2021. SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY -------------------------------------- x YASEMIN TEKINER, : : in her individual capacity, as a beneficiary and a : Trustee of The Yasemin Tekiner 2011 : Descendants Trust and derivatively as a holder : of equitable interests in a shareholder or a : Index No. 657193/20 member of the Company Defendants, : : ORDER TO SHOW CAUSE FOR Plaintiff, : PRELIMINARY INJUNCTION : WITH TEMPORARY - against – : RESTRAINING ORDER : BREMEN HOUSE INC., BREMEN HOUSE TEXAS, : ORAL ARGUMENT INC., GERMAN NEWS COMPANY, INC., GERMAN : REQUESTED NEWS TEXAS, INC., 254 - 258 W. 35TH ST. LLC, : BERRIN TEKINER, GONCA TEKINER, and : BILLUR AKIPEK, in her capacity as a Trustee of : The Yasemin Tekiner 2011 Descendants Trust, : : Defendants. : -------------------------------------- x Plaintiff, Yasemin Tekiner (“Yasemin”), by her attorneys, Patterson Belknap Webb & Tyler LLP, having moved this Court for an Order to Show Cause why a further Order should not be issued against Defendants, Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC (collectively the “Company Defendants”), Berrin Tekiner and Gonca Tekiner (collectively “Defendants”), enjoining and restraining Defendants, pursuant to CPLR 6301, 6311, 6312 and 6313: a) from taking any acts to retaliate against Yasemin, including but not limited to terminating Yasemin as a director, officer or employee of the Company Defendants, reducing her salary, bonus or other payments or impairing her right to occupy her home; and b) from using any funds or assets of the Company Defendants to pay the legal fees and expenses of Defendants, Berrin Tekiner or Gonca Tekiner (the “Individual Defendants”), in defending this action, and further seeking a Temporary Restraining Order restraining Defendants from taking any of the actions sought to be enjoined pending a hearing on this motion; NOW, upon application of Plaintiff, and UPON the annexed emergency affirmation of Stephen P. Younger, sworn to on January 4, 2021, the annexed affidavit of Yasemin Tekiner, named as Plaintiff herein, sworn to on December 31, 2020, and the exhibits annexed hereto, the accompanying memorandum of law, and the Summons and Verified Complaint, and upon all the papers filed and proceedings had herein, LET Defendants show cause before one of the Justices of this Supreme Court of the State of New York, at the Courthouse Part __ at 60 Centre Street, New York, New York, on the ____ day of ______________________, 2021 at 9:30 am, or as soon thereafter as counsel can be heard, WHY an order and judgment should not be made and entered: 1. Enjoining and restraining Defendants and their directors, officers employees, agents, representatives and all persons or entities acting in concert with them from taking any acts to retaliate against Yasemin, including but not limited to terminating Yasemin as a director, officer or employee of the Company Defendants, reducing her salary, bonus or other amounts payable by the Company Defendants or impairing her right to occupy her home; and 2 2. Enjoining and restraining Defendants and their directors, officers employees, agents, representatives and all persons or entities acting in concert with them from using any funds or assets of the Company Defendants to pay the legal fees and expenses of the Individual Defendants, Berrin Tekiner or Gonca Tekiner, in defending this action; and 3. Granting such other and further relief as this Court deems just and proper. IT IS HEREBY ORDERED, that pending the hearing and determination of this motion, Defendants, and their directors, officers employees, agents, representatives and all persons or entities acting in concert with them be and they hereby are restrained and enjoined from, pending the hearing and determination of this motion, taking any and all actions: 1. to retaliate against plaintiff Yasemin Tekiner, including but not limited to terminating Yasemin Tekiner as a director, officer or employee of any of the Company Defendants, reducing her salary, bonus or other amounts payable by the Company Defendants or impairing her right to occupy her home; and 2. to use any funds or assets of the Company Defendants to pay the legal fees and expenses of the Individual Defendants, Berrin Tekiner or Gonca Tekiner, in defending this action; and it is further ORDERED that any responsive papers to this motion by Order to Show Cause shall be served by hand or overnight courier on counsel for Plaintiff, Patterson Belknap Webb & Tyler LLP, at their offices at 1133 Avenue of the Americas, New York, New York 10036 and filed with the Clerk on or before _______________, 2021; and it is further ORDERED that any reply papers by Plaintiff shall be served by hand or overnight courier on counsel for Defendants and filed with the Clerk on or before _____________________, 2021; 3 SUFFICIENT REASON APPEARING THEREFOR, it is hereby ORDERED, that service of a copy of this Order to Show Cause together with copies of the papers upon which it was made, and the Summons and Verified Complaint, upon all Defendants or their attorneys herein, on or before the ____ day of ___________________, 2021, shall be deemed sufficient and proper service of this application. Dated: __________________ ENTER: ____________________________________ Justice of the Supreme Court 4