On December 21, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Yasemin Tekiner,
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 Member Of The Company Defendants,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/29/2021 10:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 03/29/2021
Exhibit 8
FILED: NEW YORK COUNTY CLERK 12/21/2020
03/29/2021 05:36
10:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1
115 RECEIVED NYSCEF: 12/21/2020
03/29/2021
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 :
member of the Company Defendants, : Index No. __________________
:
Plaintiff, : Date Filed: _________________
:
- against – : SUMMONS WITH NOTICE
:
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, : Plaintiff designates New York County
INC., GERMAN NEWS COMPANY, INC., GERMAN : as the place of trial.
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
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff’s Attorney(s) within twenty (20) days after the service of this
summons, exclusive of the day of service, or within thirty (30) days after the service is complete
if this summons is not personally delivered to you within the State of new York.
PLEASE TAKE NOTICE that this is an action for multiple breaches of fiduciary duty,
corporate waste and mismanagement, and unjust enrichment against Defendants Berrin Tekiner
and Gonca Tekiner (together “Individual Defendants”); for abuse of trust and breach of fiduciary
duty against Defendant Billur Akipek in her role as a Trustee of The Yasemin Tekiner 2011
Descendants; for inspection of books and records and accounting against all Defendants. The
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FILED: NEW YORK COUNTY CLERK 12/21/2020
03/29/2021 05:36
10:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1
115 RECEIVED NYSCEF: 12/21/2020
03/29/2021
Individual Defendants’ gross mismanagement and ineptitude, and self-dealing have led to the
financial decline of Defendants Bremen House, Inc., Bremen House Texas, Inc., German News
Company, Inc., German News Texas, Inc. and 254 – 258 W. 35th St. LLC (together “Company
Defendants”). Plaintiff has raised these concerns but have repeatedly been met with retaliation
and concealment by the Individual Defendants, including by refusing access to key financial
records of the Company Defendants that would have revealed the depths of the Individual
Defendants’ mismanagement and self-dealing.
TAKE FURTHER NOTICE THAT the relief sought in this action is monetary and
punitive damages, injunctive relief, reasonable attorneys’ fees and costs plus pre-judgment
interest and other and further relief as the Court deems just and proper.
TAKE FURTHER NOTICE THAT upon your failure to appear, judgment may be
taken against you by default for an amount to be determined at trial, together with interest, and
the costs, disbursements, expenses, legal fees, and other allowances of this action, and other and
further relief as the Court deems just and proper.
TAKE FURTHER NOTICE THAT Plaintiff Yasemin Tekiner designates New York
County as the place of trial. Venue in New York County is proper pursuant to CPLR § 503
because the Individual Defendants’ misconduct occurred in New York County and the Company
Defendants have their principal places of business in New York County.
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FILED: NEW YORK COUNTY CLERK 12/21/2020
03/29/2021 05:36
10:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1
115 RECEIVED NYSCEF: 12/21/2020
03/29/2021
Dated: December 21, 2020
New York, New York
Respectfully submitted,
_________________________________
Stephen P. Younger
Patterson Belknap Webb & Tyler LLP
1133 Avenue of Americas
New York, NY 10036
Tel: (212) 336-2685
Fax: (212) 336-7981
Email: spyounger@pbwt.com
Attorney for Plaintiff
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Preview
FILED: NEW YORK COUNTY CLERK 03/29/2021 10:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 03/29/2021 Exhibit 8 FILED: NEW YORK COUNTY CLERK 12/21/2020 03/29/2021 05:36 10:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1 115 RECEIVED NYSCEF: 12/21/2020 03/29/2021 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 : member of the Company Defendants, : Index No. __________________ : Plaintiff, : Date Filed: _________________ : - against – : SUMMONS WITH NOTICE : BREMEN HOUSE INC., BREMEN HOUSE TEXAS, : Plaintiff designates New York County INC., GERMAN NEWS COMPANY, INC., GERMAN : as the place of trial. 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 TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff’s Attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of new York. PLEASE TAKE NOTICE that this is an action for multiple breaches of fiduciary duty, corporate waste and mismanagement, and unjust enrichment against Defendants Berrin Tekiner and Gonca Tekiner (together “Individual Defendants”); for abuse of trust and breach of fiduciary duty against Defendant Billur Akipek in her role as a Trustee of The Yasemin Tekiner 2011 Descendants; for inspection of books and records and accounting against all Defendants. The 1 of 3 FILED: NEW YORK COUNTY CLERK 12/21/2020 03/29/2021 05:36 10:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1 115 RECEIVED NYSCEF: 12/21/2020 03/29/2021 Individual Defendants’ gross mismanagement and ineptitude, and self-dealing have led to the financial decline of Defendants Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc. and 254 – 258 W. 35th St. LLC (together “Company Defendants”). Plaintiff has raised these concerns but have repeatedly been met with retaliation and concealment by the Individual Defendants, including by refusing access to key financial records of the Company Defendants that would have revealed the depths of the Individual Defendants’ mismanagement and self-dealing. TAKE FURTHER NOTICE THAT the relief sought in this action is monetary and punitive damages, injunctive relief, reasonable attorneys’ fees and costs plus pre-judgment interest and other and further relief as the Court deems just and proper. TAKE FURTHER NOTICE THAT upon your failure to appear, judgment may be taken against you by default for an amount to be determined at trial, together with interest, and the costs, disbursements, expenses, legal fees, and other allowances of this action, and other and further relief as the Court deems just and proper. TAKE FURTHER NOTICE THAT Plaintiff Yasemin Tekiner designates New York County as the place of trial. Venue in New York County is proper pursuant to CPLR § 503 because the Individual Defendants’ misconduct occurred in New York County and the Company Defendants have their principal places of business in New York County. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 12/21/2020 03/29/2021 05:36 10:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1 115 RECEIVED NYSCEF: 12/21/2020 03/29/2021 Dated: December 21, 2020 New York, New York Respectfully submitted, _________________________________ Stephen P. Younger Patterson Belknap Webb & Tyler LLP 1133 Avenue of Americas New York, NY 10036 Tel: (212) 336-2685 Fax: (212) 336-7981 Email: spyounger@pbwt.com Attorney for Plaintiff 3 3 of 3