Preview
FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022
EXHIBIT E
FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022
From: Topping, Sean
Sent: Thursday, March 10, 2022 8:06 PM
To: Donald Conklin
Cc: Evan Mandel; Younger, Stephen P.; Shomik Ghosh; McDonough, Joanna; Archer, Judith A.; Corder,
Victoria; Ward, Luke
Subject: RE: Tekiner v. Bremen House - 12.22.2021 Z. Tekiner Deposition - Defs & Zeynep Tekiner
Confidentiality Designation
Don,
For item (i) ‐ Defendants did produce a "Profit & Loss by Class" document with itemized expenses for 5 Georgetowne
North, 12 Marion Lane, 15 Brookby Road, 31 White Plains Rd, 81 Tanglewylde on February 4, 2022. It is Brem00353682,
which I clearly identified in my previous email. As we noted before, Plaintiff is obligated to conduct a reasonable review
of the documents produced in the litigation, and to correspond in good faith with Defendants before asserting that
something has not been produced.
For items (ii) & (iii) ‐ Defendants object to any insinuation that they have failed to produce responsive documents in this
case, or the claim that Berrin Tekiner’s estate planning documents are corporate files. They are not. Moreover, no
agent had authority to act over Berrin’s affairs subject to a power of attorney during the relevant time period. As such,
any durable powers of attorney prepared as part of Berrin’s estate planning are utterly irrelevant. You have been
provided with the relevant corporate governance documents, including those concerning your client’s role.
As for the separate issue of Brem00330046 – we will produce an Excel version of the report shortly.
Best,
Sean
Sean Topping | Senior Associate
Norton Rose Fulbright US LLP
1301 Avenue of the Americas, New York, New York 10019-6022, United States
Tel +1 212 318 3361 | Fax +1 212 318 3400
sean.topping@nortonrosefulbright.com
NORTON ROSE FULBRIGHT
Law around the world
nortonrosefulbright.com
From: Donald Conklin
Sent: Wednesday, March 9, 2022 11:27 PM
To: Topping, Sean
Cc: Evan Mandel ; Younger, Stephen P. ; Shomik Ghosh
; McDonough, Joanna ; Archer, Judith A.
; Corder, Victoria ; Ward, Luke
Subject: Re: Tekiner v. Bremen House ‐ 12.22.2021 Z. Tekiner Deposition ‐ Defs & Zeynep Tekiner Confidentiality
Designation
Sean, following up on these requests for (i) itemized expenses for the properties occupied by company officers, directors
and defendants for 2020, (ii) any powers of attorney over Berrin’s affairs, and (iii) all documents concerning putting
1
FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022
Jasmin Tekiner in charge of Bremen House, Bremen House Texas, German News and/or German News Texas, including
but not limited to the document(s) referenced in Brem00330706.
Separately, can we get a native version of Bremen00330046, which is attached. The way the spreadsheet was printed
for production makes certain cells illegible.
Thanks.
On Fri, Mar 4, 2022 at 8:08 AM Donald Conklin wrote:
Thanks Sean. Re issues 1 and 2, plaintiff reserves all rights, but with respect to issue 3, it appears we are talking past
each other.
For 2020, defendants produced P&L statements for Bremen House and German News that include various entries
labeled as "Expenses," and also specifically produced an itemized list of expenses just for 10819 Vincenza Way that was
printed on January 3, 2022, Brem00330045. Defendants did not produce similar itemized lists of expenses for
properties occupied by any other officers, directors or defendants for 2020, even though the burden to do so would be
de minimis.
Are you claiming that defendants produced itemized expenses styled as "Profit & Loss by Class" for the properties
occupied by the other officers, directors and defendants for 2020? If so, what are the bates numbers for those
documents in your productions?
If not, can defendants produce itemized lists of expenses for the other properties.
Separately, plaintiff requests two additional categories of documents that should already have been produced, since
they are responsive to numerous document requests.
First, please produce any power of attorney over Berrin’s affairs.
Second, please produce all documents concerning putting Jasmin Tekiner in charge of Bremen House, Bremen House
Texas, German News and/or German News Texas, including but not limited to the document(s) referenced in
Brem00330706.
Regards,
Don
On Thu, Feb 24, 2022 at 5:57 PM Topping, Sean wrote:
Don,
Please see our responses below in red.
Best,
Sean
Sean Topping | Senior Associate
Norton Rose Fulbright US LLP
2
FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022
1301 Avenue of the Americas, New York, New York 10019-6022, United States
Tel +1 212 318 3361 | Fax +1 212 318 3400
sean.topping@nortonrosefulbright.com
NORTON ROSE FULBRIGHT
Law around the world
nortonrosefulbright.com
From: Topping, Sean
Sent: Tuesday, February 22, 2022 3:28 PM
To: Donald Conklin
Cc: Evan Mandel ; Younger, Stephen P. ; Shomik Ghosh
; McDonough, Joanna ; Archer, Judith A.
; Corder, Victoria
Subject: RE: Tekiner v. Bremen House ‐ 12.22.2021 Z. Tekiner Deposition ‐ Defs & Zeynep Tekiner Confidentiality
Designation
Thanks, Don. I was out of town for the holiday weekend, but am looking into this today.
Sean
Sean Topping | Senior Associate
Norton Rose Fulbright US LLP
1301 Avenue of the Americas, New York, New York 10019-6022, United States
Tel +1 212 318 3361 | Fax +1 212 318 3400
sean.topping@nortonrosefulbright.com
NORTON ROSE FULBRIGHT
Law around the world
nortonrosefulbright.com
From: Donald Conklin
Sent: Tuesday, February 22, 2022 2:44 PM
To: Topping, Sean
Cc: Evan Mandel ; Younger, Stephen P. ; Shomik Ghosh
; McDonough, Joanna ; Archer, Judith A.
; Corder, Victoria
Subject: Re: Tekiner v. Bremen House ‐ 12.22.2021 Z. Tekiner Deposition ‐ Defs & Zeynep Tekiner Confidentiality
Designation
Sean, following up on this ‐ please let us know your response. Thanks.
3
FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022
On Thu, Feb 17, 2022 at 11:49 AM Donald Conklin wrote:
Sean, I write to raise three discovery issues.
First, we have raised the issue before, but we continue to be perplexed by defendants' redaction of "Personal Health
Information" on page Brem00286683 of Exhibit 50 (referenced in your letter and attached), a series of text messages
between Zeynep Tekiner and Jasmin Tekiner. See, e.g., Zeynep Tekiner Dep. Tr. 329:9‐335:17. This redaction of a
portion of a text message from Zeynep to Jasmin appears palpably improper, an egregious over‐redaction without
any basis in New York law or procedure.
Please explain defendants' grounds for this redaction of Brem00286683.
Defendant’s redaction is entirely proper and consistent with their position taken throughout this case, including in
court filings, document discovery, and depositions.
Brem00286683 contains confidential medical information of Berrin Tekiner referring to information provided to a
lawyer subsequent to a medical incident, none of which is relevant to the claims or defenses in this
case. Defendants have consistently held throughout the litigation that such personal health information is
irrelevant, that Plaintiff is not entitled to the disclosure of confidential medical information that is irrelevant to the
instant litigation, and Plaintiff has no compelling need that outweighs Defendant’s confidentiality interest. See,
e.g., Del Terzo v. Hosp. for Special Surgery, 95 A.D.3d 551, 553 (1st Dep’t 2012) (“The pertinent part of [Mental
Hygiene Law] § 33.13(c)(1) provides that mental health information shall not be released except ‘upon a finding by
the court that the interests of justice significantly outweigh the need for confidentiality.’”). Furthermore, as it is
neither material nor necessary to the claims in this case, its disclosure is rightfully withheld. See Cottrell v.
Weinstein, 270 A.D.2d 449, 450 (2nd Dep’t 2000) (“[T]he Supreme Court correctly concluded that the additional
medical records sought by the defendant were not relevant or material for the purposes of discovery because they
pertained to unrelated illnesses and treatments.”)
What is equally clear is that Plaintiff is attempting, yet again, to manufacture a dispute where one does not exist.
Had Plaintiff conducted a reasonable review of her own production, at TEKINER00086209, she would see that she
already produced the unredacted version of this text conversation between nonparty Zeynep Tekiner and Plaintiff.
Second, plaintiff's second request for production of documents No. 7 requested "All consolidated and stand‐alone
financial statements, including all supplemental materials, for the Companies, for the fiscal years ended March 31,
2011 to the present." Defendants' July 7, 2021 responses and objections to those requests for documents stated
"Defendants will search for and produce responsive, non‐privileged copies, if any, of financial statements for the
Companies from January 1, 2015 to the present" in response to second RFP No. 7.
4
FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022
Defendants have produced consolidated financial statements for Bremen House and German News for 2015 to 2019,
and consolidated financial statements for 254‐258 West 35th St. LLC for 2017 to 2019. These consolidated,
unaudited financials were prepared by Lederer Levine & Associates, LLC or Beck & Baumann, CPA, LLC in March of
the following year, i.e., the 2019 financial statements for Bremen House were prepared by Beck & Baumann in March
2020. Defendants retained Beck & Baumann to prepare the consolidated financials for 2020, including a written
accountant's report, in January 2021. See, e.g., Brem00152243, attached.
Under CPLR § 3101(h), defendants are under a continuing obligation to supplement their responses to plaintiff's
prior discovery demands. When did Beck & Baumann prepare the 2020 consolidated financials for the company
defendants?
Are defendants going to produce 2020 consolidated financial statements for Bremen House and German News? If
so, when? If not, why?
Consolidated financial statements for 2020 do not exist. Defendants are under no obligation to produce
documents that do not exist, nor may Plaintiffs compel their production. See C. Williams Realty, Inc. v. Russo,
2017 N.Y. Slip Op. 51913(U) at *2 (1st Dep’t 2017) (“[A] party seeking discovery cannot compel the creation of
a nonexistent writing on the theory that its manufacture may constitute material and necessary evidence.”)
(citing Jonassen v. A.M.F., Inc., 104 A.D.2d 484, 486 (2nd Dep’t 1984). The financial documents that do exist
for Bremen House and German News through the end of 2020 (when the Complaint was filed), and that were
produced, include the companies’ tax returns, Profit & Loss Statement, Balance Sheet, and expenses by
property for properties inhabited by Plaintiff and Individual Defendants for 2020, which Plaintiff falsely
asserts were not produced.
Third, defendants produced a "Profit & Loss by Class" document for 10819 Vincenza Way that appears to be a
printout from Quickbooks or similar software dated January 3, 2022. See Brem00330045, attached. We have asked
for them repeatedly, but defendants have not produced similar "Profit & Loss by Class" documents for the company‐
owed properties occupied or used by Gonca, Zeynep and Berrin ‐ e.g., 21 Dusenberry Lane, 15 Brookby Road, 81
Tanglewylde, 8 Fetlock Drive, etc.
These "Profit & Loss by Class" documents showing expenses for properties occupied or used by Gonca, Zeynep and
Berrin are responsive to several of plaintiff's document requests, including first set of RFPs No. 6, and second set of
RFPs Nos. 8‐10 & 20. Defendants answered all of those RFPs by stating that they would produce responsive
documents from 2015 to the present.
Please confirm that defendants will produce "Profit & Loss by Class" documents similar to Brem00330045 showing
expenses for properties occupied or used by Gonca, Zeynep and Berrin. If defendants are refusing to produce
these documents despite their responses to plaintiff's first set of RFPs No. 6, and second set of RFPs Nos. 8‐10 &
20, please explain why.
5
FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022
Your claims as to lack of production are false. Had Plaintiff or her attorneys conducted a reasonable review
of the documents produced by the Defendants before sending this email you could have easily determined
that this claim is baseless. Plaintiff is making a habit of refusing to review documents and delegating her
attorneys’ work to opposing counsel, which is inappropriate. The financial statements for 2015 to 2019 all
include a listing of revenues and expenses for the families’ residences owned in those years, including the
relevant residences you requested. E.g.: (1) Brem00000093 at Brem00000109‐112 (2015 revenues and
expenses for 21 Dusenberry Lane, 12 Marion Lane, 10819 Vincenza Way); (2) Brem00000049 at
Brem00000066‐68 (same for 2016); (3) Brem00342717 at Brem000342732‐36 (2017 revenues and
expenses for 21 Dusenberry Lane, 12 Marion Lane, 15 Brookby Rd, 81 Tanglewylde, 31 White Plains Rd, and
10819 Vincenza Way); (4) Brem00059595 at Brem00059610‐614 (same for 2018); (5) Brem00025213 at
Brem00025229‐231 (same for 2019); and (6) Brem00353682 (2020 Profit & Loss statement for 5
Georgetowne North, 12 Marion Lane, 15 Brookby Road, 31 White Plains Rd, 81 Tanglewylde). We have
declined to produce information prior to 2015, including information about properties were owned prior to
the relevant time period.
On Tue, Feb 15, 2022 at 5:29 PM Topping, Sean wrote:
Don,
Please find attached Defendants and Zeynep’s confidentiality designations for Zeynep’s deposition transcript.
Best,
Sean
Sean Topping | Senior Associate
Norton Rose Fulbright US LLP
1301 Avenue of the Americas, New York, New York 10019-6022, United States
Tel +1 212 318 3361 | Fax +1 212 318 3400
sean.topping@nortonrosefulbright.com
NORTON ROSE FULBRIGHT
Law around the world
nortonrosefulbright.com
CONFIDENTIALITY NOTICE: This email, including any attachments, is confidential and may be privileged. If you are
not the intended recipient please notify the sender immediately, and please delete it; you should not copy it or use it
for any purpose or disclose its contents to any other person. Norton Rose Fulbright entities reserve the right to
monitor all email communications through their networks.
Norton Rose Fulbright Australia, Norton Rose Fulbright LLP, Norton Rose Fulbright Canada LLP, Norton Rose
6
Preview
FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022 EXHIBIT E FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022 From: Topping, Sean Sent: Thursday, March 10, 2022 8:06 PM To: Donald Conklin Cc: Evan Mandel; Younger, Stephen P.; Shomik Ghosh; McDonough, Joanna; Archer, Judith A.; Corder, Victoria; Ward, Luke Subject: RE: Tekiner v. Bremen House - 12.22.2021 Z. Tekiner Deposition - Defs & Zeynep Tekiner Confidentiality Designation Don, For item (i) ‐ Defendants did produce a "Profit & Loss by Class" document with itemized expenses for 5 Georgetowne North, 12 Marion Lane, 15 Brookby Road, 31 White Plains Rd, 81 Tanglewylde on February 4, 2022. It is Brem00353682, which I clearly identified in my previous email. As we noted before, Plaintiff is obligated to conduct a reasonable review of the documents produced in the litigation, and to correspond in good faith with Defendants before asserting that something has not been produced. For items (ii) & (iii) ‐ Defendants object to any insinuation that they have failed to produce responsive documents in this case, or the claim that Berrin Tekiner’s estate planning documents are corporate files. They are not. Moreover, no agent had authority to act over Berrin’s affairs subject to a power of attorney during the relevant time period. As such, any durable powers of attorney prepared as part of Berrin’s estate planning are utterly irrelevant. You have been provided with the relevant corporate governance documents, including those concerning your client’s role. As for the separate issue of Brem00330046 – we will produce an Excel version of the report shortly. Best, Sean Sean Topping | Senior Associate Norton Rose Fulbright US LLP 1301 Avenue of the Americas, New York, New York 10019-6022, United States Tel +1 212 318 3361 | Fax +1 212 318 3400 sean.topping@nortonrosefulbright.com NORTON ROSE FULBRIGHT Law around the world nortonrosefulbright.com From: Donald Conklin Sent: Wednesday, March 9, 2022 11:27 PM To: Topping, Sean Cc: Evan Mandel ; Younger, Stephen P. ; Shomik Ghosh ; McDonough, Joanna ; Archer, Judith A. ; Corder, Victoria ; Ward, Luke Subject: Re: Tekiner v. Bremen House ‐ 12.22.2021 Z. Tekiner Deposition ‐ Defs & Zeynep Tekiner Confidentiality Designation Sean, following up on these requests for (i) itemized expenses for the properties occupied by company officers, directors and defendants for 2020, (ii) any powers of attorney over Berrin’s affairs, and (iii) all documents concerning putting 1 FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022 Jasmin Tekiner in charge of Bremen House, Bremen House Texas, German News and/or German News Texas, including but not limited to the document(s) referenced in Brem00330706. Separately, can we get a native version of Bremen00330046, which is attached. The way the spreadsheet was printed for production makes certain cells illegible. Thanks. On Fri, Mar 4, 2022 at 8:08 AM Donald Conklin wrote: Thanks Sean. Re issues 1 and 2, plaintiff reserves all rights, but with respect to issue 3, it appears we are talking past each other. For 2020, defendants produced P&L statements for Bremen House and German News that include various entries labeled as "Expenses," and also specifically produced an itemized list of expenses just for 10819 Vincenza Way that was printed on January 3, 2022, Brem00330045. Defendants did not produce similar itemized lists of expenses for properties occupied by any other officers, directors or defendants for 2020, even though the burden to do so would be de minimis. Are you claiming that defendants produced itemized expenses styled as "Profit & Loss by Class" for the properties occupied by the other officers, directors and defendants for 2020? If so, what are the bates numbers for those documents in your productions? If not, can defendants produce itemized lists of expenses for the other properties. Separately, plaintiff requests two additional categories of documents that should already have been produced, since they are responsive to numerous document requests. First, please produce any power of attorney over Berrin’s affairs. Second, please produce all documents concerning putting Jasmin Tekiner in charge of Bremen House, Bremen House Texas, German News and/or German News Texas, including but not limited to the document(s) referenced in Brem00330706. Regards, Don On Thu, Feb 24, 2022 at 5:57 PM Topping, Sean wrote: Don, Please see our responses below in red. Best, Sean Sean Topping | Senior Associate Norton Rose Fulbright US LLP 2 FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022 1301 Avenue of the Americas, New York, New York 10019-6022, United States Tel +1 212 318 3361 | Fax +1 212 318 3400 sean.topping@nortonrosefulbright.com NORTON ROSE FULBRIGHT Law around the world nortonrosefulbright.com From: Topping, Sean Sent: Tuesday, February 22, 2022 3:28 PM To: Donald Conklin Cc: Evan Mandel ; Younger, Stephen P. ; Shomik Ghosh ; McDonough, Joanna ; Archer, Judith A. ; Corder, Victoria Subject: RE: Tekiner v. Bremen House ‐ 12.22.2021 Z. Tekiner Deposition ‐ Defs & Zeynep Tekiner Confidentiality Designation Thanks, Don. I was out of town for the holiday weekend, but am looking into this today. Sean Sean Topping | Senior Associate Norton Rose Fulbright US LLP 1301 Avenue of the Americas, New York, New York 10019-6022, United States Tel +1 212 318 3361 | Fax +1 212 318 3400 sean.topping@nortonrosefulbright.com NORTON ROSE FULBRIGHT Law around the world nortonrosefulbright.com From: Donald Conklin Sent: Tuesday, February 22, 2022 2:44 PM To: Topping, Sean Cc: Evan Mandel ; Younger, Stephen P. ; Shomik Ghosh ; McDonough, Joanna ; Archer, Judith A. ; Corder, Victoria Subject: Re: Tekiner v. Bremen House ‐ 12.22.2021 Z. Tekiner Deposition ‐ Defs & Zeynep Tekiner Confidentiality Designation Sean, following up on this ‐ please let us know your response. Thanks. 3 FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022 On Thu, Feb 17, 2022 at 11:49 AM Donald Conklin wrote: Sean, I write to raise three discovery issues. First, we have raised the issue before, but we continue to be perplexed by defendants' redaction of "Personal Health Information" on page Brem00286683 of Exhibit 50 (referenced in your letter and attached), a series of text messages between Zeynep Tekiner and Jasmin Tekiner. See, e.g., Zeynep Tekiner Dep. Tr. 329:9‐335:17. This redaction of a portion of a text message from Zeynep to Jasmin appears palpably improper, an egregious over‐redaction without any basis in New York law or procedure. Please explain defendants' grounds for this redaction of Brem00286683. Defendant’s redaction is entirely proper and consistent with their position taken throughout this case, including in court filings, document discovery, and depositions. Brem00286683 contains confidential medical information of Berrin Tekiner referring to information provided to a lawyer subsequent to a medical incident, none of which is relevant to the claims or defenses in this case. Defendants have consistently held throughout the litigation that such personal health information is irrelevant, that Plaintiff is not entitled to the disclosure of confidential medical information that is irrelevant to the instant litigation, and Plaintiff has no compelling need that outweighs Defendant’s confidentiality interest. See, e.g., Del Terzo v. Hosp. for Special Surgery, 95 A.D.3d 551, 553 (1st Dep’t 2012) (“The pertinent part of [Mental Hygiene Law] § 33.13(c)(1) provides that mental health information shall not be released except ‘upon a finding by the court that the interests of justice significantly outweigh the need for confidentiality.’”). Furthermore, as it is neither material nor necessary to the claims in this case, its disclosure is rightfully withheld. See Cottrell v. Weinstein, 270 A.D.2d 449, 450 (2nd Dep’t 2000) (“[T]he Supreme Court correctly concluded that the additional medical records sought by the defendant were not relevant or material for the purposes of discovery because they pertained to unrelated illnesses and treatments.”) What is equally clear is that Plaintiff is attempting, yet again, to manufacture a dispute where one does not exist. Had Plaintiff conducted a reasonable review of her own production, at TEKINER00086209, she would see that she already produced the unredacted version of this text conversation between nonparty Zeynep Tekiner and Plaintiff. Second, plaintiff's second request for production of documents No. 7 requested "All consolidated and stand‐alone financial statements, including all supplemental materials, for the Companies, for the fiscal years ended March 31, 2011 to the present." Defendants' July 7, 2021 responses and objections to those requests for documents stated "Defendants will search for and produce responsive, non‐privileged copies, if any, of financial statements for the Companies from January 1, 2015 to the present" in response to second RFP No. 7. 4 FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022 Defendants have produced consolidated financial statements for Bremen House and German News for 2015 to 2019, and consolidated financial statements for 254‐258 West 35th St. LLC for 2017 to 2019. These consolidated, unaudited financials were prepared by Lederer Levine & Associates, LLC or Beck & Baumann, CPA, LLC in March of the following year, i.e., the 2019 financial statements for Bremen House were prepared by Beck & Baumann in March 2020. Defendants retained Beck & Baumann to prepare the consolidated financials for 2020, including a written accountant's report, in January 2021. See, e.g., Brem00152243, attached. Under CPLR § 3101(h), defendants are under a continuing obligation to supplement their responses to plaintiff's prior discovery demands. When did Beck & Baumann prepare the 2020 consolidated financials for the company defendants? Are defendants going to produce 2020 consolidated financial statements for Bremen House and German News? If so, when? If not, why? Consolidated financial statements for 2020 do not exist. Defendants are under no obligation to produce documents that do not exist, nor may Plaintiffs compel their production. See C. Williams Realty, Inc. v. Russo, 2017 N.Y. Slip Op. 51913(U) at *2 (1st Dep’t 2017) (“[A] party seeking discovery cannot compel the creation of a nonexistent writing on the theory that its manufacture may constitute material and necessary evidence.”) (citing Jonassen v. A.M.F., Inc., 104 A.D.2d 484, 486 (2nd Dep’t 1984). The financial documents that do exist for Bremen House and German News through the end of 2020 (when the Complaint was filed), and that were produced, include the companies’ tax returns, Profit & Loss Statement, Balance Sheet, and expenses by property for properties inhabited by Plaintiff and Individual Defendants for 2020, which Plaintiff falsely asserts were not produced. Third, defendants produced a "Profit & Loss by Class" document for 10819 Vincenza Way that appears to be a printout from Quickbooks or similar software dated January 3, 2022. See Brem00330045, attached. We have asked for them repeatedly, but defendants have not produced similar "Profit & Loss by Class" documents for the company‐ owed properties occupied or used by Gonca, Zeynep and Berrin ‐ e.g., 21 Dusenberry Lane, 15 Brookby Road, 81 Tanglewylde, 8 Fetlock Drive, etc. These "Profit & Loss by Class" documents showing expenses for properties occupied or used by Gonca, Zeynep and Berrin are responsive to several of plaintiff's document requests, including first set of RFPs No. 6, and second set of RFPs Nos. 8‐10 & 20. Defendants answered all of those RFPs by stating that they would produce responsive documents from 2015 to the present. Please confirm that defendants will produce "Profit & Loss by Class" documents similar to Brem00330045 showing expenses for properties occupied or used by Gonca, Zeynep and Berrin. If defendants are refusing to produce these documents despite their responses to plaintiff's first set of RFPs No. 6, and second set of RFPs Nos. 8‐10 & 20, please explain why. 5 FILED: NEW YORK COUNTY CLERK 03/24/2022 08:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 242 RECEIVED NYSCEF: 03/24/2022 Your claims as to lack of production are false. Had Plaintiff or her attorneys conducted a reasonable review of the documents produced by the Defendants before sending this email you could have easily determined that this claim is baseless. Plaintiff is making a habit of refusing to review documents and delegating her attorneys’ work to opposing counsel, which is inappropriate. The financial statements for 2015 to 2019 all include a listing of revenues and expenses for the families’ residences owned in those years, including the relevant residences you requested. E.g.: (1) Brem00000093 at Brem00000109‐112 (2015 revenues and expenses for 21 Dusenberry Lane, 12 Marion Lane, 10819 Vincenza Way); (2) Brem00000049 at Brem00000066‐68 (same for 2016); (3) Brem00342717 at Brem000342732‐36 (2017 revenues and expenses for 21 Dusenberry Lane, 12 Marion Lane, 15 Brookby Rd, 81 Tanglewylde, 31 White Plains Rd, and 10819 Vincenza Way); (4) Brem00059595 at Brem00059610‐614 (same for 2018); (5) Brem00025213 at Brem00025229‐231 (same for 2019); and (6) Brem00353682 (2020 Profit & Loss statement for 5 Georgetowne North, 12 Marion Lane, 15 Brookby Road, 31 White Plains Rd, 81 Tanglewylde). We have declined to produce information prior to 2015, including information about properties were owned prior to the relevant time period. On Tue, Feb 15, 2022 at 5:29 PM Topping, Sean wrote: Don, Please find attached Defendants and Zeynep’s confidentiality designations for Zeynep’s deposition transcript. Best, Sean Sean Topping | Senior Associate Norton Rose Fulbright US LLP 1301 Avenue of the Americas, New York, New York 10019-6022, United States Tel +1 212 318 3361 | Fax +1 212 318 3400 sean.topping@nortonrosefulbright.com NORTON ROSE FULBRIGHT Law around the world nortonrosefulbright.com CONFIDENTIALITY NOTICE: This email, including any attachments, is confidential and may be privileged. If you are not the intended recipient please notify the sender immediately, and please delete it; you should not copy it or use it for any purpose or disclose its contents to any other person. Norton Rose Fulbright entities reserve the right to monitor all email communications through their networks. Norton Rose Fulbright Australia, Norton Rose Fulbright LLP, Norton Rose Fulbright Canada LLP, Norton Rose 6