On December 21, 2020 a
Motion-Secondary
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
At Part 3 of the Supreme Court of the State of
New York, County of New York, held at the
Courthouse at 60 Centre Street, New York,
New York, on day of , 2022.
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 : Index No.: 657193/2020
Tekiner 2011 Descendants Trust and derivatively as :
a holder of equitable interests in a shareholder or a : Motion Seq. No.:
member of the Company Defendants, :
Plaintiff, :
:
ORDER TO SHOW CAUSE FOR
- against – :
LEAVE TO RENEW MOTION
:
FOR PRELIMINARY
BREMEN HOUSE INC., BREMEN HOUSE :
INJUNCTION
TEXAS, INC., GERMAN NEWS COMPANY, :
INC., GERMAN NEWS TEXAS, INC., 254 - 258 : ORAL ARGUMENT
W. 35TH ST. LLC, BERRIN TEKINER, GONCA : REQUESTED
TEKINER, and BILLUR AKIPEK, in her capacity :
as a Trustee of The Yasemin Tekiner 2011 :
Descendants Trust, :
Defendants. :
-------------------------------------------------------------- x
Plaintiff, Yasemin Tekiner (“Plaintiff”), by her attorneys, Foley Hoag LLP, having
moved this Court for an Order to Show Cause why a further Order should not be issued, pursuant
to CPLR 2221(e) granting leave to renew Plaintiff’s January 3, 2021 Motion for a Preliminary
Injunction.
UPON the annexed emergency affirmation of Stephen P. Younger, dated March 8, 2022,
the annexed affidavit of Yasemin Tekiner, Plaintiff herein, sworn to on March 7, 2022, and the
exhibits thereto, the annexed affirmation of Stephen P. Younger, sworn to on March 8, 2022, and
the exhibits thereto, the accompanying memorandum of law, and upon all papers filed and
proceedings had herein,
LET Defendants show cause before the Honorable Joel M. Cohen of the Supreme Court
of the State of New York, at the Courthouse Part 3 at 60 Centre Street, New York, NY 10007 on
the ______ day of ___________________, 2022 at 9:30 a.m., or as soon thereafter as counsel
can be heard,
WHY an Order should not be made and entered:
1. Reinstating Plaintiff to her positions as a director and officer of Defendants Bremen
House Inc. and German News Company, Inc. (collectively “the Company”);
2. Restoring Plaintiff’s salary and benefits paid by the Company;
3. Granting Plaintiff back-pay and benefits from the Defendants with interest from the
date of her termination by the Company in January 2021; and
4. Granting such other and further relief as this Court deems just and proper.
IT IS HEREBY ORDERED that any responsive papers to this motion made by Order to
Show Cause shall be served by electronic mail on counsel for Plaintiff and filed with the Clerk
on or before _____________, 2022; and it is further
ORDERED that any reply papers on this motion shall be served by electronic mail on
counsel for Defendants and filed with the Clerk on or before_______________, 2022; and it is
further
2
ORDERED that service by electronic mail of this Order to Show Cause, together with the
papers upon which it is based, shall be made upon counsel for the Defendants on or before
, 2022, and such service shall be deemed sufficient.
Dated: ________________, 2022
ENTER:
J.S.C.
3
Preview
At Part 3 of the Supreme Court of the State of New York, County of New York, held at the Courthouse at 60 Centre Street, New York, New York, on day of , 2022. 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 : Index No.: 657193/2020 Tekiner 2011 Descendants Trust and derivatively as : a holder of equitable interests in a shareholder or a : Motion Seq. No.: member of the Company Defendants, : Plaintiff, : : ORDER TO SHOW CAUSE FOR - against – : LEAVE TO RENEW MOTION : FOR PRELIMINARY BREMEN HOUSE INC., BREMEN HOUSE : INJUNCTION TEXAS, INC., GERMAN NEWS COMPANY, : INC., GERMAN NEWS TEXAS, INC., 254 - 258 : ORAL ARGUMENT W. 35TH ST. LLC, BERRIN TEKINER, GONCA : REQUESTED TEKINER, and BILLUR AKIPEK, in her capacity : as a Trustee of The Yasemin Tekiner 2011 : Descendants Trust, : Defendants. : -------------------------------------------------------------- x Plaintiff, Yasemin Tekiner (“Plaintiff”), by her attorneys, Foley Hoag LLP, having moved this Court for an Order to Show Cause why a further Order should not be issued, pursuant to CPLR 2221(e) granting leave to renew Plaintiff’s January 3, 2021 Motion for a Preliminary Injunction. UPON the annexed emergency affirmation of Stephen P. Younger, dated March 8, 2022, the annexed affidavit of Yasemin Tekiner, Plaintiff herein, sworn to on March 7, 2022, and the exhibits thereto, the annexed affirmation of Stephen P. Younger, sworn to on March 8, 2022, and the exhibits thereto, the accompanying memorandum of law, and upon all papers filed and proceedings had herein, LET Defendants show cause before the Honorable Joel M. Cohen of the Supreme Court of the State of New York, at the Courthouse Part 3 at 60 Centre Street, New York, NY 10007 on the ______ day of ___________________, 2022 at 9:30 a.m., or as soon thereafter as counsel can be heard, WHY an Order should not be made and entered: 1. Reinstating Plaintiff to her positions as a director and officer of Defendants Bremen House Inc. and German News Company, Inc. (collectively “the Company”); 2. Restoring Plaintiff’s salary and benefits paid by the Company; 3. Granting Plaintiff back-pay and benefits from the Defendants with interest from the date of her termination by the Company in January 2021; and 4. Granting such other and further relief as this Court deems just and proper. IT IS HEREBY ORDERED that any responsive papers to this motion made by Order to Show Cause shall be served by electronic mail on counsel for Plaintiff and filed with the Clerk on or before _____________, 2022; and it is further ORDERED that any reply papers on this motion shall be served by electronic mail on counsel for Defendants and filed with the Clerk on or before_______________, 2022; and it is further 2 ORDERED that service by electronic mail of this Order to Show Cause, together with the papers upon which it is based, shall be made upon counsel for the Defendants on or before , 2022, and such service shall be deemed sufficient. Dated: ________________, 2022 ENTER: J.S.C. 3