Preview
FILED: NEW YORK COUNTY CLERK 01/26/2021 06:22 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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 Index No.: 657193/2020
or a member of the Company Defendants,
NOTICE OF ENTRY
Plaintiff,
-against-
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC.,
GERMAN NEWS COMPANY, INC., GERMAN 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.
PLEASE TAKE NOTICE that the attached is a true and correct copy of the Decision and
Order Denying Plaintiff’s Motion for a Preliminary Injunction issued by the Honorable Joel M.
Cohen, J.S.C., in the above-captioned action on January 25, 2021, which was duly entered and
filed with the Clerk of the Supreme Court, New York County, on January 25, 2021.
Dated: January 26, 2021 NORTON ROSE FULBRIGHT US LLP
New York, New York
By: /s/ Judith A. Archer
Judith A. Archer
David B. Schwartz
Sean M. Topping
1301 Avenue of the Americas
New York, New York 10019-6022
Tel.: (212) 318-3000
Fax: (212) 318-3400
judith.archer@nortonrosefulbright.com
david.schwartz@nortonrosefulbright.com
sean.topping@nortonrosefulbright.com
Attorneys for Defendants
1 of 3
FILED: NEW YORK COUNTY CLERK 01/25/2021
01/26/2021 05:20
06:22 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 87
88 RECEIVED NYSCEF: 01/25/2021
01/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART IAS MOTION 3EFM
-----------------------------------------------------------------------------------X
YASEMIN TEKINER, INDEX NO. 657193/2020
Plaintiff,
MOTION DATE N/A
-v-
MOTION SEQ. NO. 001
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC.,
GERMAN NEWS COMPANY, INC., GERMAN NEWS
TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN DECISION + ORDER ON
TEKINER, GONCA TEKINER, BILLUR AKIPEK MOTION
Defendants.
-----------------------------------------------------------------------------------X
HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 16, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43,
44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70,
71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83
were read on this motion for PRELIMINARY INJUNCTION .
Upon the foregoing documents, and for the reasons stated on the record after oral
argument on January 25, 2021 (transcript to be uploaded by the Parties upon receipt), it is
hereby:
ORDERED that Plaintiff’s motion for a preliminary injunction is denied1; it is further
ORDERED that Defendants shall answer or otherwise respond to the Amended
Complaint on or before February 26, 2021; and it is further
ORDERED that the parties appear by telephone for a preliminary conference on March
2, 2021 at 11:00 a.m. (the parties should email a dial-in number to the Court at
sfc-part3@nycourts.gov at least 24 hours in advance).
1
Defendants’ counsel confirmed on the record that Plaintiff would not be deprived of the use of
her company-owned home in California and her health care insurance coverage during the
pendency of this litigation. The Court relied upon that representation in deciding this motion.
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 2
Motion No. 001
1
2 of 2
3
FILED: NEW YORK COUNTY CLERK 01/25/2021
01/26/2021 05:20
06:22 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 87
88 RECEIVED NYSCEF: 01/25/2021
01/26/2021
This constitutes the decision and order of the Court.
1/25/2021
DATE JOEL M. COHEN, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED X DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 2
Motion No. 001
2
3 of 2
3
Preview
FILED: NEW YORK COUNTY CLERK 01/26/2021 06:22 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 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 Index No.: 657193/2020 or a member of the Company Defendants, NOTICE OF ENTRY Plaintiff, -against- BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN 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. PLEASE TAKE NOTICE that the attached is a true and correct copy of the Decision and Order Denying Plaintiff’s Motion for a Preliminary Injunction issued by the Honorable Joel M. Cohen, J.S.C., in the above-captioned action on January 25, 2021, which was duly entered and filed with the Clerk of the Supreme Court, New York County, on January 25, 2021. Dated: January 26, 2021 NORTON ROSE FULBRIGHT US LLP New York, New York By: /s/ Judith A. Archer Judith A. Archer David B. Schwartz Sean M. Topping 1301 Avenue of the Americas New York, New York 10019-6022 Tel.: (212) 318-3000 Fax: (212) 318-3400 judith.archer@nortonrosefulbright.com david.schwartz@nortonrosefulbright.com sean.topping@nortonrosefulbright.com Attorneys for Defendants 1 of 3 FILED: NEW YORK COUNTY CLERK 01/25/2021 01/26/2021 05:20 06:22 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 87 88 RECEIVED NYSCEF: 01/25/2021 01/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART IAS MOTION 3EFM -----------------------------------------------------------------------------------X YASEMIN TEKINER, INDEX NO. 657193/2020 Plaintiff, MOTION DATE N/A -v- MOTION SEQ. NO. 001 BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN DECISION + ORDER ON TEKINER, GONCA TEKINER, BILLUR AKIPEK MOTION Defendants. -----------------------------------------------------------------------------------X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 were read on this motion for PRELIMINARY INJUNCTION . Upon the foregoing documents, and for the reasons stated on the record after oral argument on January 25, 2021 (transcript to be uploaded by the Parties upon receipt), it is hereby: ORDERED that Plaintiff’s motion for a preliminary injunction is denied1; it is further ORDERED that Defendants shall answer or otherwise respond to the Amended Complaint on or before February 26, 2021; and it is further ORDERED that the parties appear by telephone for a preliminary conference on March 2, 2021 at 11:00 a.m. (the parties should email a dial-in number to the Court at sfc-part3@nycourts.gov at least 24 hours in advance). 1 Defendants’ counsel confirmed on the record that Plaintiff would not be deprived of the use of her company-owned home in California and her health care insurance coverage during the pendency of this litigation. The Court relied upon that representation in deciding this motion. 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 2 Motion No. 001 1 2 of 2 3 FILED: NEW YORK COUNTY CLERK 01/25/2021 01/26/2021 05:20 06:22 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 87 88 RECEIVED NYSCEF: 01/25/2021 01/26/2021 This constitutes the decision and order of the Court. 1/25/2021 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED X DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 2 Motion No. 001 2 3 of 2 3