Preview
FILED: NEW YORK COUNTY CLERK 04/19/2022 10:57 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 357 RECEIVED NYSCEF: 04/19/2022
SURETEC INSURANCE COMPANY
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YASEMIN TEKINER, BOND NO. 3495422
Plaintiff, UNDERTAKING ON
- vs - PRELIMINARY INJUNCTION
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, BILLUR AKIPEK,
Defendants. INDEX NO. 657193/2020
WHEREAS, the above named Plaintiff, YASEMIN TEKINER, has applied in the above-entitled
action for a Preliminary Injunction Order enjoining the Defendants, 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, BILLUR AKIPEK, from doing things as more
185
fully set forth in the Order of Hon. Joel M. Cohen dated and filed the of April 2022 and subject to
the filingof an undertaking in the sum of FIVE THOUSAND AND 00/100 ($6,000.00) DOLLARS.
NOW, THEREFORE, the SURETEC INSURANCE COMPANY, duly licensed to transact business in
the State of New York and having an office and principal place of business for the State of New York at
15 Maiden Lane, Suite 800 New York NY 10038, as Surety, does hereby, pursuant to the Statute in
such case made and provided, undertake that the Plaintiff,YASEMIN TEKINER, will pay to the
Defendants, such damages and costs not exceeding the sum of FIVE THOUSAND AND 00/100
($6,000.00) DOLLARS, as the Defendants may sustain by reason of the preliminary injunction, ifthe
Court shall finallydecide that the Plaintiff was not entitled thereto: such damages and costs to be
ascertained by a reference, or otherwise as the Court may direct.
Dated: April 18th, 2022 SURETEC )NSURANCE COMPANY
By:
WILUAAt J. PEDERSEN
ATTORNEY-IN-FACT
ACKNOWLEDGMENT OF SURETY
STATE OF NEW YORK |SS:
COUNTY OF NEW YORK
On this 18th day of April in the year 2022, before me, a Notary Public in and for said County, personally
appeared WILLIAM J. PEDERSEN, personally known to me, who being by me duly sworn, did say that he is the
aforesaid Attorney-in-Fact of the SURETEC INSURANCE COMPANY of Houston, Texas, a corporation duly
organized and existing under the laws of the State of Texas, that the seal affixed to the foregoing instrument is the
corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said
corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the
execution thereof to be voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by officialseal the day and year last
above written.
Nell P. Pedersen
Notary Public, State of New York
No.01-PE6236268 4 ,
Qualified in New York County /
Commission Expires February 28, 2023
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FILED: NEW YORK COUNTY CLERK 04/19/2022 10:57 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 357 RECEIVED NYSCEF: 04/19/2022
POAg 3210003
JOINT LIMITED POWER OF ATTORNEY
KNOWALLMEN BYTHESEPRESENTS: That SureTecInsuranceCompany,a Corporation duly organizedand existing under the laws of the State of Texasand having its
principal office in the County of Harris, Texasand Markel insuranceCompany(the "Company"), a corporation duly organizedand existing under the fawsof the state
of lilinois, and having its principal administrative office in Glen AHen,Virginia, does by these presents make, constitute and appoint:
Neil P. Pedersen,
WilliamJ. Pedersen
Their true and lawful agent(s) and attorney(s)-in-fact, eachin their separate capacity if more than one is named above, to make,execute, sealand deliver for and on
their own behalf, individually asa surety or jointly, as co-sureties, and as their act and deed any and all bondsand other undertaking in suretyshipprovided,
however,
that the penal sum of any one such Instrument executedhereunder shall not exceedthe sumof:
Five Million and 00/100
Dollars($5,000,000.00)
This Power of Attorney is granted and is signedand sealedunder and by the authority of the following Resolutionsadopted by the Board of Directorsof SureTec
InsuranceCompany and Markel InsuranceCompany:
"RESOLVED,That the President, SeniorVice President,Vice President,AssistantVice President,Secretary,Treasurerand eachof them hereby is authorized to execute
powers of attorney, and such authority can be executed by useof facsimile signature, which may be attested or acknowledgedby any officer or attomey, of the
company, qualifying the attorney or attorneys named In the given power of attomey, to executein behalf of, and acknowledgeasthe act and deed of the SureTec
InsuranceCompanyand Markel InsuranceCompany,as the casemay be, all bond undertakingsand contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESSWHEREOF,Markel InsuranceCompany and SureTecInsuranceCompanyhavecausedtheir official sealto be hereunto affixed and these presentsto be
Febmmyu 2021.
signed by their duly authorized officers on the w
day of
SureTecInsurance Company Markel Insura ce Company
By: By:
Michael C. Keimig,President * R in Russo,SeniorVice President
..,,,,,,..
* frn
Commonwealth of Virginia
County of Henrico SS:
m
On this day of A. D., before me, a Notary Publicof the Commonwealth of Virginia, in and for the County of Henrico,duly commissionedand
FeWusy,2021
qualified, cameTHEABOVEOFFICERS
OFTHECOMPANIES, to me personally known to be the individualsand officers described In, who executedthe preceding
instrument, and they acknowledgedthe execution of same, and being by me duty swom, disposedand saidthat they are the officers of the saidcompaniesaforesaid,
and that the seatsaffixed to the proceeding Instrument are the Corporate Sealsof said Companies,and the saidCorporate Sealsand their signaturesasofficers were
duly affixed and subscribedto the said instrument by the authority and direction of the said companies,and that Resolutionsadopted by the Boardof Directorsof
pilema
said Companiesreferred to in the preceding instrument is now In force.
IN TESTIMONYWHEREOF,I havehereunto set my hand, and affixed m
So e of Henrico, the day and year first above written.
COMMISSION sy.
NUMBER Donna Donavant, Notary Public
".
7083968
'". My commission expires 1/31/2023
We, the undersignedofficers of SureTecinsurance Companyand Mark erby certify that the original POWEROFATTORNEY
of which the
foregoing is a full, true and correct copy is still in full force and effect and hafeqt,1µ
.
IN WITNESSWHEREOF,we have hereunto set our hands, and affixed the Sealsof said Companies,on the
day of .
Su ec insurce C pan Markel InsuranceCompany
8 By: ½
M. Br t Beaty,Assistant Secreta RichardR.Grinnan, Vice Presidentanb4ect
ry
AnyInstrumentIssuedin excessof the penaltystatedaboveis totally voidandwithout anyvalidity.
daybetween8:30AM and5:00PMCST.
Forverificationof the authorityof this Poweryou maycall(713}8124800on anybusiness
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FILED: NEW YORK COUNTY CLERK 04/19/2022 10:57 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 357 RECEIVED NYSCEF: 04/19/2022
SureTecInsurance Company
2103 CityWest Boulevard, Suite 1300
Houston, TX.77042
FINANCIALSTATEMENT
as of December31, 2021
Statutory Basis
Bonds $ 219,490,595 Reservefor I.ossesand LossExpense $ 13,488,375
Stocks 133,737,266 Reservefor Unearned-Premiums 51,736,821
Cash& Short Term Investments 27,633,366 Other Uabilities 180,227,664
Agents Balancesor Uncollected Premiums 4,517,373 TOTALLIABILITIES 245,452,860
Other Admitted Assets 2,629,632
Capital Stock S,000,000
Surplus 136,555,372
TOTALPOLICYHOLDERSSURPLUS 141,555,372
TOTALUABlUTIESAND POUCYHOLDERS
TOTALASSETS $ 387,008,232 SURPLUS $ 387,008,232
Bonds and stocks are valued in accordancewith the basis adopted by the National Association of Insurance Commissioners.
Securities carried In the above statement are deposited as required by law.
CERTIFICATE
David Allen WIsnoski,Secretary, and Michael Charles Kelmig, President, of the SureTecinsurance Company, being duly sworn each for himself, deposesand saysthat they
are the above desprlbedofficers of the said Company shd that on the 31st day of December, 2021, the Company actually possessedthe assetsset forth in the foregoing
financial statement, except as hereinbefore indicated, and that the foregoingstatement
is a correct exhibit of such assetsand liabilities of said Company on the 31st day of
December, 2021, according to the best of their information, knowledge and belief.
President Secretary
STATEOFTEXAS
COUNTYOFHARRIS
On this 21st day of February, 2022, before me came the above
named officers of SureTecInsurance Company to me known
to be the Individua>sand officersdescribed
herein, and
acknowledge that they executed the foregoing instrument and
affixed the seal of the corporation thereto by the authority of
. ,. . ., .
.. ..,. . . .Notary Public
LINDA WHITE
NotaryPublicState of TeXas
Commission # 123994008
Commissiori Egires 10/14/2025
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Preview
FILED: NEW YORK COUNTY CLERK 04/19/2022 10:57 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 357 RECEIVED NYSCEF: 04/19/2022 SURETEC INSURANCE COMPANY SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YASEMIN TEKINER, BOND NO. 3495422 Plaintiff, UNDERTAKING ON - vs - PRELIMINARY INJUNCTION 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, BILLUR AKIPEK, Defendants. INDEX NO. 657193/2020 WHEREAS, the above named Plaintiff, YASEMIN TEKINER, has applied in the above-entitled action for a Preliminary Injunction Order enjoining the Defendants, 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, BILLUR AKIPEK, from doing things as more 185 fully set forth in the Order of Hon. Joel M. Cohen dated and filed the of April 2022 and subject to the filingof an undertaking in the sum of FIVE THOUSAND AND 00/100 ($6,000.00) DOLLARS. NOW, THEREFORE, the SURETEC INSURANCE COMPANY, duly licensed to transact business in the State of New York and having an office and principal place of business for the State of New York at 15 Maiden Lane, Suite 800 New York NY 10038, as Surety, does hereby, pursuant to the Statute in such case made and provided, undertake that the Plaintiff,YASEMIN TEKINER, will pay to the Defendants, such damages and costs not exceeding the sum of FIVE THOUSAND AND 00/100 ($6,000.00) DOLLARS, as the Defendants may sustain by reason of the preliminary injunction, ifthe Court shall finallydecide that the Plaintiff was not entitled thereto: such damages and costs to be ascertained by a reference, or otherwise as the Court may direct. Dated: April 18th, 2022 SURETEC )NSURANCE COMPANY By: WILUAAt J. PEDERSEN ATTORNEY-IN-FACT ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK |SS: COUNTY OF NEW YORK On this 18th day of April in the year 2022, before me, a Notary Public in and for said County, personally appeared WILLIAM J. PEDERSEN, personally known to me, who being by me duly sworn, did say that he is the aforesaid Attorney-in-Fact of the SURETEC INSURANCE COMPANY of Houston, Texas, a corporation duly organized and existing under the laws of the State of Texas, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by officialseal the day and year last above written. Nell P. Pedersen Notary Public, State of New York No.01-PE6236268 4 , Qualified in New York County / Commission Expires February 28, 2023 1 of 3 FILED: NEW YORK COUNTY CLERK 04/19/2022 10:57 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 357 RECEIVED NYSCEF: 04/19/2022 POAg 3210003 JOINT LIMITED POWER OF ATTORNEY KNOWALLMEN BYTHESEPRESENTS: That SureTecInsuranceCompany,a Corporation duly organizedand existing under the laws of the State of Texasand having its principal office in the County of Harris, Texasand Markel insuranceCompany(the "Company"), a corporation duly organizedand existing under the fawsof the state of lilinois, and having its principal administrative office in Glen AHen,Virginia, does by these presents make, constitute and appoint: Neil P. Pedersen, WilliamJ. Pedersen Their true and lawful agent(s) and attorney(s)-in-fact, eachin their separate capacity if more than one is named above, to make,execute, sealand deliver for and on their own behalf, individually asa surety or jointly, as co-sureties, and as their act and deed any and all bondsand other undertaking in suretyshipprovided, however, that the penal sum of any one such Instrument executedhereunder shall not exceedthe sumof: Five Million and 00/100 Dollars($5,000,000.00) This Power of Attorney is granted and is signedand sealedunder and by the authority of the following Resolutionsadopted by the Board of Directorsof SureTec InsuranceCompany and Markel InsuranceCompany: "RESOLVED,That the President, SeniorVice President,Vice President,AssistantVice President,Secretary,Treasurerand eachof them hereby is authorized to execute powers of attorney, and such authority can be executed by useof facsimile signature, which may be attested or acknowledgedby any officer or attomey, of the company, qualifying the attorney or attorneys named In the given power of attomey, to executein behalf of, and acknowledgeasthe act and deed of the SureTec InsuranceCompanyand Markel InsuranceCompany,as the casemay be, all bond undertakingsand contracts of suretyship, and to affix the corporate seal thereto." IN WITNESSWHEREOF,Markel InsuranceCompany and SureTecInsuranceCompanyhavecausedtheir official sealto be hereunto affixed and these presentsto be Febmmyu 2021. signed by their duly authorized officers on the w day of SureTecInsurance Company Markel Insura ce Company By: By: Michael C. Keimig,President * R in Russo,SeniorVice President ..,,,,,,.. * frn Commonwealth of Virginia County of Henrico SS: m On this day of A. D., before me, a Notary Publicof the Commonwealth of Virginia, in and for the County of Henrico,duly commissionedand FeWusy,2021 qualified, cameTHEABOVEOFFICERS OFTHECOMPANIES, to me personally known to be the individualsand officers described In, who executedthe preceding instrument, and they acknowledgedthe execution of same, and being by me duty swom, disposedand saidthat they are the officers of the saidcompaniesaforesaid, and that the seatsaffixed to the proceeding Instrument are the Corporate Sealsof said Companies,and the saidCorporate Sealsand their signaturesasofficers were duly affixed and subscribedto the said instrument by the authority and direction of the said companies,and that Resolutionsadopted by the Boardof Directorsof pilema said Companiesreferred to in the preceding instrument is now In force. IN TESTIMONYWHEREOF,I havehereunto set my hand, and affixed m So e of Henrico, the day and year first above written. COMMISSION sy. NUMBER Donna Donavant, Notary Public ". 7083968 '". My commission expires 1/31/2023 We, the undersignedofficers of SureTecinsurance Companyand Mark erby certify that the original POWEROFATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and hafeqt,1µ . IN WITNESSWHEREOF,we have hereunto set our hands, and affixed the Sealsof said Companies,on the day of . Su ec insurce C pan Markel InsuranceCompany 8 By: ½ M. Br t Beaty,Assistant Secreta RichardR.Grinnan, Vice Presidentanb4ect ry AnyInstrumentIssuedin excessof the penaltystatedaboveis totally voidandwithout anyvalidity. daybetween8:30AM and5:00PMCST. Forverificationof the authorityof this Poweryou maycall(713}8124800on anybusiness 2 of 3 FILED: NEW YORK COUNTY CLERK 04/19/2022 10:57 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 357 RECEIVED NYSCEF: 04/19/2022 SureTecInsurance Company 2103 CityWest Boulevard, Suite 1300 Houston, TX.77042 FINANCIALSTATEMENT as of December31, 2021 Statutory Basis Bonds $ 219,490,595 Reservefor I.ossesand LossExpense $ 13,488,375 Stocks 133,737,266 Reservefor Unearned-Premiums 51,736,821 Cash& Short Term Investments 27,633,366 Other Uabilities 180,227,664 Agents Balancesor Uncollected Premiums 4,517,373 TOTALLIABILITIES 245,452,860 Other Admitted Assets 2,629,632 Capital Stock S,000,000 Surplus 136,555,372 TOTALPOLICYHOLDERSSURPLUS 141,555,372 TOTALUABlUTIESAND POUCYHOLDERS TOTALASSETS $ 387,008,232 SURPLUS $ 387,008,232 Bonds and stocks are valued in accordancewith the basis adopted by the National Association of Insurance Commissioners. Securities carried In the above statement are deposited as required by law. CERTIFICATE David Allen WIsnoski,Secretary, and Michael Charles Kelmig, President, of the SureTecinsurance Company, being duly sworn each for himself, deposesand saysthat they are the above desprlbedofficers of the said Company shd that on the 31st day of December, 2021, the Company actually possessedthe assetsset forth in the foregoing financial statement, except as hereinbefore indicated, and that the foregoingstatement is a correct exhibit of such assetsand liabilities of said Company on the 31st day of December, 2021, according to the best of their information, knowledge and belief. President Secretary STATEOFTEXAS COUNTYOFHARRIS On this 21st day of February, 2022, before me came the above named officers of SureTecInsurance Company to me known to be the Individua>sand officersdescribed herein, and acknowledge that they executed the foregoing instrument and affixed the seal of the corporation thereto by the authority of . ,. . ., . .. ..,. . . .Notary Public LINDA WHITE NotaryPublicState of TeXas Commission # 123994008 Commissiori Egires 10/14/2025 3 of 3