Preview
FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022
Judith A. Archer
Victoria V. Corder
Sean M. Topping
NORTON ROSE FULBRIGHT US LLP
1301 Avenue of the Americas
New York, New York 10019-6022
Tel.: (212) 318-3000
Fax: (212) 318-3400
judith.archer@nortonrosefulbright.com
victoria.v.corder@nortonrosefulbright.com
sean.topping@nortonrosefulbright.com
Attorneys for Defendants
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 Index : 657193/2020
a holder of equitable interests in a
shareholder or a member of the Company Motion Sequence #10
Defendants,
AFFIDAVIT OF BERRIN TEKINER
Plaintiff, IN OPPOSITION TO PROPOSED
INTERVENOR-PLAINTIFF ZEYNEP
-against- TEKINER’S MOTION TO
INTERVENE AND FOR
BREMEN HOUSE INC., BREMEN HOUSE PRELIMINARY INJUNCTION
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.
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
BERRIN TEKINER, being duly sworn, deposes and says:
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1. I am the Chairperson of Bremen House, Inc. (“Bremen House”) and German News
Company, Inc. (“German News,” and collectively the “Companies”). I submit this affidavit in
opposition to proposed intervenor-plaintiff Zeynep Tekiner’s Motion to Intervene and for
Preliminary Injunction, and I have personal knowledge of the matters set forth herein.
2. In opposition to Plaintiff’s initial motion for preliminary injunctive relief, I
submitted an affidavit, sworn to on January 14, 2021, seeking to provide context for Defendants’
opposition brief and to correct Plaintiff’s misstatements. (See NYSCEF No. 22) That affidavit
is incorporated by reference herein.
3. I also recently submitted an affidavit in opposition to Plaintiff’s motion for leave
to renew her preliminary injunction motion, dated March 24, 2022, again to correct Plaintiff’s
misstatements. (See NYSCEF No. 225) That affidavit is likewise incorporated by reference
herein.
4. Just as I was surprised by statements made by my other daughter, Plaintiff
Yasemin Tekiner, I do the same with what Zeynep has written in her affidavits, NYSCEF Nos.
217 and 291. Once again, I must correct the record.
Zeynep’s Decision Now to Air Her Personal Grievances Against Me
5. Until Zeynep filed her motion to intervene, I believed that Zeynep had sided with
the family against Yasemin’s frivolous and wasteful lawsuit against the Companies, her sister,
Gonca Tekiner Chelsea, and me, her mother. However, apparently she has had a change of heart
and now echoes Yasemin’s misstatements and misrepresentations of our family business and
personal lives. While Zeynep claims to “want peace in our family,” (NYSCEF No. 217 ¶4), her
recent actions will unfortunately encourage the opposite.
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6. As her affidavit and proposed complaint make clear, Zeynep sees the Companies
and their assets as her birthright, something that my husband Sami Tekiner, left them, saying
things like their “father spent his lifetime building for the benefit of me, my sisters, and our
children”, (id. ¶30), and “that he wanted us to enjoy,” (id. ¶47)
7. Sami and I loved our daughters and wanted them to be provided for. However,
Sami died nearly 30 years ago and our daughters are all grown women, in their forties, with
families of their own. Sami had a valid will that was probated long ago. As both Yasemin and
Zeynep well know—as they have access to the will—Sami’s will included specific gifts to certain
family and friends, and left the remainder of his estate to me, his wife. I have since worked hard
to preserve that estate and manage the Companies that were once Sami’s life work and now are
mine. More than 15 years after Sami died, in 2011, I created the grantor trusts for each of my
three daughters for purposes of my own estate planning.
8. Not only do Zeynep and Yasemin ignore the work I have done for them and the
Companies for decades, they act as if they have not benefitted from the Companies in any way
and are simply waiting for me to die to get their reward. Yet, they have already received millions
of dollars in benefits since their father died, in terms of salaries, pensions, homes, and access to
a housekeeper and driver, among other things. I personally have also paid for various benefits
they have received over the years, such as their schooling, vacations, and cars. Furthermore, I
have gifted them shares in the Companies – something that I voluntarily did and was not required
by any directive in Sami’s Will.
9. With limited exceptions, Zeynep and Yasemin have done nothing to earn these
benefits, and were never entitled to receive them before I passed away.
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10. As is clear from her affidavits, Zeynep is using this lawsuit as an opportunity to
air years of pent up frustration and personal anger directed at Gonca and me. This case apparently
is her outlet to “stand up to [me],” (id. ¶6), after saying little or nothing over the years, when she
was content to paint as her primary hobby and remain uninvolved in the Companies’ management
as I funded her lifestyle. In the past, as long as Zeynep received her money from the Companies,
or from me personally, she was content. Zeynep never complained about many of the things she
now includes in her proposed Complaint. (See id. ¶10)
11. Zeynep now claims that I “harangued, coerced, controlled, and threatened” her for
almost her entire life. (id. ¶11) Not only is this utterly false, it reflects just how confused,
misguided, and ungrateful Zeynep (and Yasemin) have become. Zeynep now refers to some
“unofficial pact” that my daughters had against me, (NYSCEF No. 291 ¶6), and how she is mad
at Gonca for having broken that pact.
12. Every family has squabbles and ours was no different. Zeynep complains about
disagreements we had about politics. (NYSCEF No. 217 ¶11; No. 291 ¶17) Not only did I not
“threaten” Zeynep to vote for the presidential candidate I supported in 2020, but I generally try
to avoid discussing politics altogether. I know that my daughters’ political views differ, just as
our other family, friends, and employees have different beliefs. Everyone is entitled to vote how
they wish.
Zeynep Has Never Had A Significant Role in the Companies’ Management or Operations
13. Zeynep’s descriptions of the work that Gonca, Billur, and I do for the Companies
is disgustingly hypocritical and wrong. For example, she claims that we do not “work full time”
for the Companies, as I “barely go to the office” and “spend[] long periods of time travelling
outside of New York.” (NYSCEF No. 291 ¶20) My first response is: how would Zeynep even
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know? She was never in the office herself. However, the real answer is that, prior to the Covid-
19 pandemic, I was in the office daily. During the Covid-19 lockdowns and after, I continued to
work from my home, as many of the tasks could be performed remotely and/or through the
Companies’ in-person staff. As Zeynep is also aware (because she had visited me regularly), I
was paralyzed for a number of months in 2021 and 2022 following back surgery, which limited
my physical ability to get to our office.
14. As I discuss in my prior affidavit, Zeynep’s role in operations and management of
the Companies has been extremely limited. Yasemin and Zeynep are not “second class citizens.”
(NYSCEF No. 217 ¶13) They simply were not, and have not, shown any real interest in the
family business. They abandoned it and pursued their own personal interests. Just like Yasemin,
Zeynep has absolutely no financial acumen or sense of how a business is run. As I have learned
from discovery in this litigation, Zeynep herself admitted this, when, in the context of discussing
reorganizing the Companies in 2017, she stated among other things that Yasemin and her “don’t
know jack shit about these buildings.” Attached hereto as Exhibit B is a true and correct copy of
an excerpt of a text message chain between Yasemin and Zeynep, dated April 26, 2017
(TEKINER00081729).
15. Between the 2000s and early 2010s, Zeynep lived in Turkey for roughly a decade.
During that time, Zeynep had no role at all with the Companies, including for several years
following their reorganization and creation of my daughters’ trusts in 2011.
16. Zeynep went through a contentious divorce and custody battle with her now ex-
husband over my two granddaughters. During her divorce, Zeynep relied on me financially and
emotionally. Attached as Exhibit C is a true and correct copy of multiple wire transfers I sent
Zeynep between 2013 and 2015 to cover anything from living expenses to lawyer fees. When
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she left Turkey for good in or around late 2014, she had no job, no home, and no ability to take
care of herself or her children without relying on the financial support of others. Similar to what
was done with Yasemin, the Companies gave Zeynep a salary in order to give her some support
and, in 2019, largely honorific officer and director titles. Zeynep has since never been removed
as an officer or director of Bremen House.
17. Zeynep, however, has never expressed any interest in working for the Companies
or participating in the family business other than what was required. Zeynep is a painter, whom
I believe has only sold a few paintings. Zeynep has an undergraduate degree from Franklin
University in Switzerland and a Masters of Fine Arts in painting from the New York Academy of
Art. She does not have a business degree. She has not taken any accounting classes. She has no
business management experience.
18. As far as I am aware, Zeynep spends most of her time at home, taking care of my
granddaughters, although one is now in college, and periodically painting either at home (which
the Companies own) or at her studio (which I pay the rent for).
19. I have long tried to get her involved with the Companies, including by encouraging
her to come into the office. Zeynep has come into the office occasionally in the past but with no
regularity. For example, she would come into the office once a month for a several month period
in 2020. However, before and since that time she would drop by only as needed, such as when
she was on her way to a doctor’s appointment or going to her painting studio.
20. Zeynep’s claim that she was effectively barred from the office is false. We have
had cats in our offices for 28 years and only recently has Zeynep complained about the cats. Cats
were not brought to the office intentionally to keep Zeynep away. In the past, such as in or around
2017, Zeynep expressed a desire to come to the office for work. At our old office at 220 East
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86th Street, we created an office for Zeynep’s use: we painted it, closed it off to cats, and put in
an air filter. She rarely ever used the space. Our new office space at 200 East 85th Street is
significantly smaller and is set up more as a communal space than individual offices. As such,
there was no longer space for Zeynep to have her own separate desk. However, the office is set
up in 3 separate units, so Zeynep could come into the office to work in one of the units.
Zeynep Has Received, And Continues to Receive, Significant Benefits from the Companies
and Me Personally
21. Zeynep claims that she has decided to sue Gonca and me in order to prevent us
from “continuing [our] wasteful and self-dealing pattern of operating our family business.” (Id.
¶6) Zeynep has not expressed this view before. In fact, she has enjoyed the same benefits as
Gonca and Yasemin enjoyed for years.
22. Zeynep has continually received a salary from the Companies since 2015. For
2020, Zeynep was paid $251,540—$50,000 more than Yasemin. In addition, I personally paid
for a variety of Zeynep’s expenses, including helping finance her divorce, buying her a car, and
paying the rent for a painting studio, among other things. Attached as Exhibit D is a true and
correct copy of the W2 forms from 2020 for Yasemin Tekiner and Zeynep Tekiner
(Brem00285790-Brem00285791).
23. After the Extell Sale was completed and Yasemin filed her lawsuit, Zeynep began
to harass me for more money. She made comments similar to those Yasemin had made before
she was sued, saying things like “Is this all I’m going to get?” Due to falling exchange rates for
the Turkish Lira, the alimony payments she has been receiving from her ex-husband have
continued to decrease. When Zeynep pressed me for money to offset that decrease, I offered to
give her a raise, but also asked that she do more work for the Companies. In no way was my offer
to give Zeynep a raise tied to her deposition testimony or anything else concerning this case.
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24. To date, Zeynep has accumulated a pension of approximately $189,000 funded
entirely by the Companies. Attached as Exhibit E is a true and correct copy of the balance of the
Bremen House and German News Profit Sharing Plans for 2020 (Brem00330034).
25. Zeynep also receives health insurance free of charge from the Companies.
Attached hereto as Exhibit F is a true and correct copy of an excerpt of the 2020 Invoice for the
Bremen House Health Insurance plan for December, 2020 (Brem00330085-Brem00330089).
26. Zeynep has enjoyed the use of at least three separate residences owned by the
Companies, including: (1) 21 Dusenberry Road, Bronxville, New York, which the Companies
purchased for $1.56 million; (2) 31 White Plains Road, Bronxville, New York, which the
Companies purchased for $1.7 million; and (3) 177 East 77th St., Apt. 11-C, New York, New
York. Attached hereto as Exhibit G is a true and correct copy of an excerpt from the closing
statement for Bremen House’s purchase of 21 Dusenberry Road, Bronxville, New York,
(Brem00171510). Attached hereto as Exhibit H is a true and correct copy of an excerpt from the
closing statement for Bremen House’s purchase of 31 White Plains Road, Bronxville, New York,
(Brem00284342). Attached hereto as Exhibit I is a true and correct copy of a screen shot
reflecting a current Zillow, Inc. estimate of $1.02 million for 177 E 77th St, Apt 11C. Attached
hereto as Exhibit J is a true and correct copy of a screen shot reflecting a current Zillow, Inc.
estimate of $1.95 million for 21 Dusenberry Road. Attached hereto as Exhibit K is a true and
correct copy of a screen shot reflecting a current Zillow, Inc. estimate of $2.05 million for 31
White Plains Road. Zeynep picked the Bronxville houses out herself and made the choice to
move from 21 Dusenberry Road to 31 White Plains Road because she believed a ghost was
haunting her.
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27. Zeynep lived primarily at 21 Dusenberry in 2015 and 2016, and then at 31 White
Plains since 2017. Zeynep chose her Bronxville homes, but, because they were valued less than
Gonca and Yasemin’s homes, she also secured 177 East 77th Street to use as a “pied-a-terre” for
her periodic visits to Manhattan.
28. As is the case with 10819 Vicenza Way, Yasemin’s Bel Air home, Zeynep
received an automatic “bonus” annually from the Companies that was credited as “rent” on the
properties. As such, Zeynep paid no rent for any of her residences. Attached as Exhibit L is a
true and correct copy of an email from our office to Plaintiff and Zeynep Tekiner, et al., dated
December 26, 2019. (TEKINER00018363) The Companies also have paid taxes, insurance,
maintenance, upkeep, and landscaping on the properties as well. When Zeynep has decided to
engage in costly upgrades and repairs on her homes in the past, she billed it to the Companies’
office.
29. While I have recently sold my Company-owned home in Scarsdale and put the
sales proceeds back into the Companies, Zeynep continues to live in her Company-owned home.
Zeynep Consented to Removing Yasemin
30. Zeynep claims that she was “put at the mercy” of Billur, Gonca, and me when we
removed Yasemin as a director and office of the Companies in early January 2021. (NYSCEF
No. 217 ¶20) Perhaps the story Zeynep now tells comes from guilt or maybe she thought it
necessary to lie about her consent to support Yasemin’s lawsuit. Regardless, I never coerced
Zeynep into removing Yasemin.
31. By late 2020, I wanted to remove Yasemin from her Company positions. As I
have said multiple times by now, by that time, Yasemin had become increasingly disruptive to
the operations of our small, closely-held company business. From yelling at a bookkeeper and
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imposing her political beliefs on Company decisions to taking actions to threaten the Extell Sale
and 1031 transactions, the Companies were justified in removing her and did so in accordance
with their bylaws.
32. During our discussions to remove Yasemin, including on the day when Zeynep
signed both a direction letter instructing the corporate trustee of her trust to approve Yasemin’s
removal as a director and a board consent to remove Yasemin as an officer, Zeynep was
emotional. Zeynep was upset about Yasemin’s lawsuit and about what it was doing to our family,
which she admits in her most recent affidavit. (NYSCEF No. 291 ¶6)
33. At no time did Zeynep say that she agreed with Yasemin’s claims or indicate that
she was contemplating joining Yasemin as a plaintiff herself.
34. Zeynep was herself afraid of Yasemin and had been intimidated by Yasemin and
her fiancée Lisa Rubin in the past. Zeynep often told me that Yasemin was unstable and erratic.
35. However, I did not threaten to fire Zeynep, reduce or cut off her salary, or evict
her from 31 White Plains to pressure her into signing off on Yasemin’s removal. I did not tell
her to “shut up,” and Billur certainly did not scream or say something to the effect of “you can’t
give someone a loaded gun to use against you,” as Zeynep now claims. (NYSCEF No. 217 ¶23;
NYSCEF No. 291 ¶¶16, 18) Zeynep’s memory of signing the consent to remove Yasemin is
entirely inconsistent with my own, and appears to have been made up by her or heavily influenced
by Yasemin.
Recent Property Transactions
36. Zeynep incredibly claims that “when this lawsuit began” I told her that I “will sell
Company assets and hide the funds.” (NYSCEF No. 217 ¶28; NYSCEF No. 291 ¶19) This is
preposterous. I never made any type of comment like that.
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37. Zeynep also complains that she has been “kept out of important meeting and
decisions and denied basic information when she requested it” about recent property transactions.
(NYSCEF No. 217 ¶28) Zeynep was involved in both the Extell Sale and acquisition of five
replacement properties in 2021, while Yasemin was preparing to sue the Companies or her lawsuit
was pending. Attached hereto as Exhibit M is a true and correct copy of an email from Zeynep
to Berrin, dated November 3, 2020 (Brem00087899), which is an example of the regular flow of
information Zeynep received from Marcus & Millichap concerning prospective replacement
properties.
38. Without question or hesitation, on February 9, 2022, Zeynep signed a board
consent for Bremen House to sell 1320 Madison Avenue, which had been on the market
repeatedly in the past. She knows that the limited sale proceeds (the property was quite small)
will be used by the Companies just like any other company revenue: e.g., payment of Companies
debts or expenses, as well as investment in replacement properties. Attached hereto as Exhibit N
is a true and correct copy of a Written Consent to sell 1320 Madison Avenue, dated February 9,
2022.
39. Despite Zeynep’s “concerns,” the Companies are not marketing the property on
the Bowery and the Companies did not sell 254 W 35th St., so there was no need to involve
Zeynep.
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Dated: New York, New York
7
April 8, 2022
Berrin Tekiner
Sworn to before me
on April ]_, 2022
Notary Public
PETER MERTZ
Public- State of New York
Notary
No. 02ME5046271
in New York County
Qualified
My Commission ExpiresJuly 10, 2023
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CERTIFICATION
Counsel for Defendants hereby certifies that this document complies with the word count
limit of Commercial Division Rule 17. This affidavit was prepared using Microsoft Word, and
the total number of words in this affidavit, exclusive of the caption, table of contents, table of
authorities, and signature block is less than 7,000 words.
Dated: April 8, 2022 By: /s/ Judith A. Archer
New York, New York Judith A. Archer
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Preview
FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 Judith A. Archer Victoria V. Corder Sean M. Topping NORTON ROSE FULBRIGHT US LLP 1301 Avenue of the Americas New York, New York 10019-6022 Tel.: (212) 318-3000 Fax: (212) 318-3400 judith.archer@nortonrosefulbright.com victoria.v.corder@nortonrosefulbright.com sean.topping@nortonrosefulbright.com Attorneys for Defendants 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 Index : 657193/2020 a holder of equitable interests in a shareholder or a member of the Company Motion Sequence #10 Defendants, AFFIDAVIT OF BERRIN TEKINER Plaintiff, IN OPPOSITION TO PROPOSED INTERVENOR-PLAINTIFF ZEYNEP -against- TEKINER’S MOTION TO INTERVENE AND FOR BREMEN HOUSE INC., BREMEN HOUSE PRELIMINARY INJUNCTION 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. STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) BERRIN TEKINER, being duly sworn, deposes and says: 1 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 1. I am the Chairperson of Bremen House, Inc. (“Bremen House”) and German News Company, Inc. (“German News,” and collectively the “Companies”). I submit this affidavit in opposition to proposed intervenor-plaintiff Zeynep Tekiner’s Motion to Intervene and for Preliminary Injunction, and I have personal knowledge of the matters set forth herein. 2. In opposition to Plaintiff’s initial motion for preliminary injunctive relief, I submitted an affidavit, sworn to on January 14, 2021, seeking to provide context for Defendants’ opposition brief and to correct Plaintiff’s misstatements. (See NYSCEF No. 22) That affidavit is incorporated by reference herein. 3. I also recently submitted an affidavit in opposition to Plaintiff’s motion for leave to renew her preliminary injunction motion, dated March 24, 2022, again to correct Plaintiff’s misstatements. (See NYSCEF No. 225) That affidavit is likewise incorporated by reference herein. 4. Just as I was surprised by statements made by my other daughter, Plaintiff Yasemin Tekiner, I do the same with what Zeynep has written in her affidavits, NYSCEF Nos. 217 and 291. Once again, I must correct the record. Zeynep’s Decision Now to Air Her Personal Grievances Against Me 5. Until Zeynep filed her motion to intervene, I believed that Zeynep had sided with the family against Yasemin’s frivolous and wasteful lawsuit against the Companies, her sister, Gonca Tekiner Chelsea, and me, her mother. However, apparently she has had a change of heart and now echoes Yasemin’s misstatements and misrepresentations of our family business and personal lives. While Zeynep claims to “want peace in our family,” (NYSCEF No. 217 ¶4), her recent actions will unfortunately encourage the opposite. -2- 2 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 6. As her affidavit and proposed complaint make clear, Zeynep sees the Companies and their assets as her birthright, something that my husband Sami Tekiner, left them, saying things like their “father spent his lifetime building for the benefit of me, my sisters, and our children”, (id. ¶30), and “that he wanted us to enjoy,” (id. ¶47) 7. Sami and I loved our daughters and wanted them to be provided for. However, Sami died nearly 30 years ago and our daughters are all grown women, in their forties, with families of their own. Sami had a valid will that was probated long ago. As both Yasemin and Zeynep well know—as they have access to the will—Sami’s will included specific gifts to certain family and friends, and left the remainder of his estate to me, his wife. I have since worked hard to preserve that estate and manage the Companies that were once Sami’s life work and now are mine. More than 15 years after Sami died, in 2011, I created the grantor trusts for each of my three daughters for purposes of my own estate planning. 8. Not only do Zeynep and Yasemin ignore the work I have done for them and the Companies for decades, they act as if they have not benefitted from the Companies in any way and are simply waiting for me to die to get their reward. Yet, they have already received millions of dollars in benefits since their father died, in terms of salaries, pensions, homes, and access to a housekeeper and driver, among other things. I personally have also paid for various benefits they have received over the years, such as their schooling, vacations, and cars. Furthermore, I have gifted them shares in the Companies – something that I voluntarily did and was not required by any directive in Sami’s Will. 9. With limited exceptions, Zeynep and Yasemin have done nothing to earn these benefits, and were never entitled to receive them before I passed away. -3- 3 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 10. As is clear from her affidavits, Zeynep is using this lawsuit as an opportunity to air years of pent up frustration and personal anger directed at Gonca and me. This case apparently is her outlet to “stand up to [me],” (id. ¶6), after saying little or nothing over the years, when she was content to paint as her primary hobby and remain uninvolved in the Companies’ management as I funded her lifestyle. In the past, as long as Zeynep received her money from the Companies, or from me personally, she was content. Zeynep never complained about many of the things she now includes in her proposed Complaint. (See id. ¶10) 11. Zeynep now claims that I “harangued, coerced, controlled, and threatened” her for almost her entire life. (id. ¶11) Not only is this utterly false, it reflects just how confused, misguided, and ungrateful Zeynep (and Yasemin) have become. Zeynep now refers to some “unofficial pact” that my daughters had against me, (NYSCEF No. 291 ¶6), and how she is mad at Gonca for having broken that pact. 12. Every family has squabbles and ours was no different. Zeynep complains about disagreements we had about politics. (NYSCEF No. 217 ¶11; No. 291 ¶17) Not only did I not “threaten” Zeynep to vote for the presidential candidate I supported in 2020, but I generally try to avoid discussing politics altogether. I know that my daughters’ political views differ, just as our other family, friends, and employees have different beliefs. Everyone is entitled to vote how they wish. Zeynep Has Never Had A Significant Role in the Companies’ Management or Operations 13. Zeynep’s descriptions of the work that Gonca, Billur, and I do for the Companies is disgustingly hypocritical and wrong. For example, she claims that we do not “work full time” for the Companies, as I “barely go to the office” and “spend[] long periods of time travelling outside of New York.” (NYSCEF No. 291 ¶20) My first response is: how would Zeynep even -4- 4 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 know? She was never in the office herself. However, the real answer is that, prior to the Covid- 19 pandemic, I was in the office daily. During the Covid-19 lockdowns and after, I continued to work from my home, as many of the tasks could be performed remotely and/or through the Companies’ in-person staff. As Zeynep is also aware (because she had visited me regularly), I was paralyzed for a number of months in 2021 and 2022 following back surgery, which limited my physical ability to get to our office. 14. As I discuss in my prior affidavit, Zeynep’s role in operations and management of the Companies has been extremely limited. Yasemin and Zeynep are not “second class citizens.” (NYSCEF No. 217 ¶13) They simply were not, and have not, shown any real interest in the family business. They abandoned it and pursued their own personal interests. Just like Yasemin, Zeynep has absolutely no financial acumen or sense of how a business is run. As I have learned from discovery in this litigation, Zeynep herself admitted this, when, in the context of discussing reorganizing the Companies in 2017, she stated among other things that Yasemin and her “don’t know jack shit about these buildings.” Attached hereto as Exhibit B is a true and correct copy of an excerpt of a text message chain between Yasemin and Zeynep, dated April 26, 2017 (TEKINER00081729). 15. Between the 2000s and early 2010s, Zeynep lived in Turkey for roughly a decade. During that time, Zeynep had no role at all with the Companies, including for several years following their reorganization and creation of my daughters’ trusts in 2011. 16. Zeynep went through a contentious divorce and custody battle with her now ex- husband over my two granddaughters. During her divorce, Zeynep relied on me financially and emotionally. Attached as Exhibit C is a true and correct copy of multiple wire transfers I sent Zeynep between 2013 and 2015 to cover anything from living expenses to lawyer fees. When -5- 5 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 she left Turkey for good in or around late 2014, she had no job, no home, and no ability to take care of herself or her children without relying on the financial support of others. Similar to what was done with Yasemin, the Companies gave Zeynep a salary in order to give her some support and, in 2019, largely honorific officer and director titles. Zeynep has since never been removed as an officer or director of Bremen House. 17. Zeynep, however, has never expressed any interest in working for the Companies or participating in the family business other than what was required. Zeynep is a painter, whom I believe has only sold a few paintings. Zeynep has an undergraduate degree from Franklin University in Switzerland and a Masters of Fine Arts in painting from the New York Academy of Art. She does not have a business degree. She has not taken any accounting classes. She has no business management experience. 18. As far as I am aware, Zeynep spends most of her time at home, taking care of my granddaughters, although one is now in college, and periodically painting either at home (which the Companies own) or at her studio (which I pay the rent for). 19. I have long tried to get her involved with the Companies, including by encouraging her to come into the office. Zeynep has come into the office occasionally in the past but with no regularity. For example, she would come into the office once a month for a several month period in 2020. However, before and since that time she would drop by only as needed, such as when she was on her way to a doctor’s appointment or going to her painting studio. 20. Zeynep’s claim that she was effectively barred from the office is false. We have had cats in our offices for 28 years and only recently has Zeynep complained about the cats. Cats were not brought to the office intentionally to keep Zeynep away. In the past, such as in or around 2017, Zeynep expressed a desire to come to the office for work. At our old office at 220 East -6- 6 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 86th Street, we created an office for Zeynep’s use: we painted it, closed it off to cats, and put in an air filter. She rarely ever used the space. Our new office space at 200 East 85th Street is significantly smaller and is set up more as a communal space than individual offices. As such, there was no longer space for Zeynep to have her own separate desk. However, the office is set up in 3 separate units, so Zeynep could come into the office to work in one of the units. Zeynep Has Received, And Continues to Receive, Significant Benefits from the Companies and Me Personally 21. Zeynep claims that she has decided to sue Gonca and me in order to prevent us from “continuing [our] wasteful and self-dealing pattern of operating our family business.” (Id. ¶6) Zeynep has not expressed this view before. In fact, she has enjoyed the same benefits as Gonca and Yasemin enjoyed for years. 22. Zeynep has continually received a salary from the Companies since 2015. For 2020, Zeynep was paid $251,540—$50,000 more than Yasemin. In addition, I personally paid for a variety of Zeynep’s expenses, including helping finance her divorce, buying her a car, and paying the rent for a painting studio, among other things. Attached as Exhibit D is a true and correct copy of the W2 forms from 2020 for Yasemin Tekiner and Zeynep Tekiner (Brem00285790-Brem00285791). 23. After the Extell Sale was completed and Yasemin filed her lawsuit, Zeynep began to harass me for more money. She made comments similar to those Yasemin had made before she was sued, saying things like “Is this all I’m going to get?” Due to falling exchange rates for the Turkish Lira, the alimony payments she has been receiving from her ex-husband have continued to decrease. When Zeynep pressed me for money to offset that decrease, I offered to give her a raise, but also asked that she do more work for the Companies. In no way was my offer to give Zeynep a raise tied to her deposition testimony or anything else concerning this case. -7- 7 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 24. To date, Zeynep has accumulated a pension of approximately $189,000 funded entirely by the Companies. Attached as Exhibit E is a true and correct copy of the balance of the Bremen House and German News Profit Sharing Plans for 2020 (Brem00330034). 25. Zeynep also receives health insurance free of charge from the Companies. Attached hereto as Exhibit F is a true and correct copy of an excerpt of the 2020 Invoice for the Bremen House Health Insurance plan for December, 2020 (Brem00330085-Brem00330089). 26. Zeynep has enjoyed the use of at least three separate residences owned by the Companies, including: (1) 21 Dusenberry Road, Bronxville, New York, which the Companies purchased for $1.56 million; (2) 31 White Plains Road, Bronxville, New York, which the Companies purchased for $1.7 million; and (3) 177 East 77th St., Apt. 11-C, New York, New York. Attached hereto as Exhibit G is a true and correct copy of an excerpt from the closing statement for Bremen House’s purchase of 21 Dusenberry Road, Bronxville, New York, (Brem00171510). Attached hereto as Exhibit H is a true and correct copy of an excerpt from the closing statement for Bremen House’s purchase of 31 White Plains Road, Bronxville, New York, (Brem00284342). Attached hereto as Exhibit I is a true and correct copy of a screen shot reflecting a current Zillow, Inc. estimate of $1.02 million for 177 E 77th St, Apt 11C. Attached hereto as Exhibit J is a true and correct copy of a screen shot reflecting a current Zillow, Inc. estimate of $1.95 million for 21 Dusenberry Road. Attached hereto as Exhibit K is a true and correct copy of a screen shot reflecting a current Zillow, Inc. estimate of $2.05 million for 31 White Plains Road. Zeynep picked the Bronxville houses out herself and made the choice to move from 21 Dusenberry Road to 31 White Plains Road because she believed a ghost was haunting her. -8- 8 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 27. Zeynep lived primarily at 21 Dusenberry in 2015 and 2016, and then at 31 White Plains since 2017. Zeynep chose her Bronxville homes, but, because they were valued less than Gonca and Yasemin’s homes, she also secured 177 East 77th Street to use as a “pied-a-terre” for her periodic visits to Manhattan. 28. As is the case with 10819 Vicenza Way, Yasemin’s Bel Air home, Zeynep received an automatic “bonus” annually from the Companies that was credited as “rent” on the properties. As such, Zeynep paid no rent for any of her residences. Attached as Exhibit L is a true and correct copy of an email from our office to Plaintiff and Zeynep Tekiner, et al., dated December 26, 2019. (TEKINER00018363) The Companies also have paid taxes, insurance, maintenance, upkeep, and landscaping on the properties as well. When Zeynep has decided to engage in costly upgrades and repairs on her homes in the past, she billed it to the Companies’ office. 29. While I have recently sold my Company-owned home in Scarsdale and put the sales proceeds back into the Companies, Zeynep continues to live in her Company-owned home. Zeynep Consented to Removing Yasemin 30. Zeynep claims that she was “put at the mercy” of Billur, Gonca, and me when we removed Yasemin as a director and office of the Companies in early January 2021. (NYSCEF No. 217 ¶20) Perhaps the story Zeynep now tells comes from guilt or maybe she thought it necessary to lie about her consent to support Yasemin’s lawsuit. Regardless, I never coerced Zeynep into removing Yasemin. 31. By late 2020, I wanted to remove Yasemin from her Company positions. As I have said multiple times by now, by that time, Yasemin had become increasingly disruptive to the operations of our small, closely-held company business. From yelling at a bookkeeper and -9- 9 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 imposing her political beliefs on Company decisions to taking actions to threaten the Extell Sale and 1031 transactions, the Companies were justified in removing her and did so in accordance with their bylaws. 32. During our discussions to remove Yasemin, including on the day when Zeynep signed both a direction letter instructing the corporate trustee of her trust to approve Yasemin’s removal as a director and a board consent to remove Yasemin as an officer, Zeynep was emotional. Zeynep was upset about Yasemin’s lawsuit and about what it was doing to our family, which she admits in her most recent affidavit. (NYSCEF No. 291 ¶6) 33. At no time did Zeynep say that she agreed with Yasemin’s claims or indicate that she was contemplating joining Yasemin as a plaintiff herself. 34. Zeynep was herself afraid of Yasemin and had been intimidated by Yasemin and her fiancée Lisa Rubin in the past. Zeynep often told me that Yasemin was unstable and erratic. 35. However, I did not threaten to fire Zeynep, reduce or cut off her salary, or evict her from 31 White Plains to pressure her into signing off on Yasemin’s removal. I did not tell her to “shut up,” and Billur certainly did not scream or say something to the effect of “you can’t give someone a loaded gun to use against you,” as Zeynep now claims. (NYSCEF No. 217 ¶23; NYSCEF No. 291 ¶¶16, 18) Zeynep’s memory of signing the consent to remove Yasemin is entirely inconsistent with my own, and appears to have been made up by her or heavily influenced by Yasemin. Recent Property Transactions 36. Zeynep incredibly claims that “when this lawsuit began” I told her that I “will sell Company assets and hide the funds.” (NYSCEF No. 217 ¶28; NYSCEF No. 291 ¶19) This is preposterous. I never made any type of comment like that. -10- 10 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 37. Zeynep also complains that she has been “kept out of important meeting and decisions and denied basic information when she requested it” about recent property transactions. (NYSCEF No. 217 ¶28) Zeynep was involved in both the Extell Sale and acquisition of five replacement properties in 2021, while Yasemin was preparing to sue the Companies or her lawsuit was pending. Attached hereto as Exhibit M is a true and correct copy of an email from Zeynep to Berrin, dated November 3, 2020 (Brem00087899), which is an example of the regular flow of information Zeynep received from Marcus & Millichap concerning prospective replacement properties. 38. Without question or hesitation, on February 9, 2022, Zeynep signed a board consent for Bremen House to sell 1320 Madison Avenue, which had been on the market repeatedly in the past. She knows that the limited sale proceeds (the property was quite small) will be used by the Companies just like any other company revenue: e.g., payment of Companies debts or expenses, as well as investment in replacement properties. Attached hereto as Exhibit N is a true and correct copy of a Written Consent to sell 1320 Madison Avenue, dated February 9, 2022. 39. Despite Zeynep’s “concerns,” the Companies are not marketing the property on the Bowery and the Companies did not sell 254 W 35th St., so there was no need to involve Zeynep. -11- 11 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 Dated: New York, New York 7 April 8, 2022 Berrin Tekiner Sworn to before me on April ]_, 2022 Notary Public PETER MERTZ Public- State of New York Notary No. 02ME5046271 in New York County Qualified My Commission ExpiresJuly 10, 2023 12 of 13 FILED: NEW YORK COUNTY CLERK 04/08/2022 11:53 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 313 RECEIVED NYSCEF: 04/08/2022 CERTIFICATION Counsel for Defendants hereby certifies that this document complies with the word count limit of Commercial Division Rule 17. This affidavit was prepared using Microsoft Word, and the total number of words in this affidavit, exclusive of the caption, table of contents, table of authorities, and signature block is less than 7,000 words. Dated: April 8, 2022 By: /s/ Judith A. Archer New York, New York Judith A. Archer 13 of 13