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PARKER IBRAHIM & BERG LLP Writer’s Direct Contact:
908.333.6220 (Tel.)
212.596.7036 (Fax)
scott.parker@piblaw.com
April 20, 2022 www.piblaw.com
VIA NYSCEF
Hon. Joel M. Cohen, J.S.C.
Supreme Court of the State of New York
County of New York
60 Centre Street, Room 570
New York, New York 10007
Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al.
Index No.: 657193/2020
Dear Justice Cohen:
This firm represents Plaintiff Yasemin Tekiner (“Plaintiff”) as co-counsel in the above-
referenced action. We write to advise that, on April 18, 2022, the Hon. Brandon R. Sall, Surrogate,
entered an Order to Show Cause in a related proceeding pending in the Surrogate’s Court of the
State of New York, County of Westchester (File No. 1994-1073/C) (the “Order to Show Cause”).
Per the Order to Show Cause, Respondents Berrin Tekiner (“Berrin”), Yuksel Fedayi
(“Yuksel”), Mark Bosswick, Gonca Tekiner, and Zeynep Tekiner are required to show cause on
May 4, 2022 at 9:30 a.m. why Berrin and Yuksel should not be suspended as trustees of the
testamentary trust created under Article NINTH of the Last Will and Testament of Sami Tekiner
(the “Trust”), why Mark Bosswick should not be appointed Successor Trustee of the Trust, and
why Berrin and Yuksel should not be enjoined from selling, transferring, alienating, or
th
encumbering the real property located at 254-258 West 35 Street, New York, New York, along
with other relief enumerated therein.
Defendants have repeatedly asserted that matters involving the 35th Street LLC are not
before this Court. Accordingly, these matters have been raised before the Surrogate’s Court.
Respectfully submitted,
/s/ Scott W. Parker
Scott W. Parker
Enclosure
cc: All counsel of record (via NYSCEF)
New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037
New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700
BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA
At and for the Surrogate's Court of
the State of New York, County of
Westchester, 111 Dr. Martin Luther
King, Jr., Blvd., White Plains, New
York, on this /, day of
4 f , 2022.
PRESENT: HON. BRANDON R. SALL, SURROGATE.
-----------------------------------------x
In the Matter of the Petition of :
Yasemin Tekiner, a Beneficiary of the : File No. 1994-1073/C
Testamentary Trust Created Under :
Article NINTH of the Last Will and :
Testament of : ORDER TO
: SHOW CAUSE
SAMI TEKINER, :
Deceased, :
Pursuant to SCPA §711 to Suspend and :
Remove Berrin Tekiner and Yuksel :
Fedayi. :
Upon the Petition of Yasemin Tekiner, verified on March
23, 2022, the exhibits annexed thereto, the Affidavit of Yasemin
Tekiner sworn to on March 23, 2022, the Affirmation of Urgency of
Angelo M. Grasso, dated March 22, 2022, the Memorandum of Law,
dated March 23, 2022, the Affirmation Amending Petition of Tzipora
Zelmanowitz, dated April 5, 2022, and all the proceedings
heretofore had herein,
Let the respondents Berrin Tekiner, Yuksel Fedayi,
Yuksel Fedayi, Mark Bosswick, Gonca Tekiner, and Zeynep Tekiner
show cause before the Surrogate's Court of the State of New York,
County of Westchester, at the Courthouse located at 111 Dr. Martin
Luther King, Jr., Blvd, White Plains, New York, on
, 2022, at Ý.3D o'clock in the
y> noon of that day, or as soon thereafter as counsel may
be heard, why an order should not be entered:
a. Suspending Berrin Tekiner and Yuksel Fedayi as
trustees of the testamentary trust created under
Article NINTH of the Last Will and Testament of
Sami Tekiner ("Trust");
b. Appointing Mark Bosswick as Successor Trustee of
the Trust;
c. Enjoining Berrin Tekiner and Yuksel Fedayi from
selling, transferring, alienating or encumbering
the real property located at 254-258 West 35th
Street, New York, New York;
d. Upon discovery and a hearing, removing Berrin
Tekiner and Yuksel Fedayi as Trustees of the
Trust and appointing Mark Bosswick as Successor
Trustee; and
e. Awarding to Petitioner such other and further
relief that to the Court seems just, equitable,
and proper, including an award of costs,
attorneys'
disbursements, and fees from the
Trust;
and it is further
ORDERED that service of this Order to Show Cause and the
papers upon which it is based by personal service upon Berrin
Tekiner, Yuksel Fedayi, Zeynep Tekiner, and Mark Bosswick, and on
or before , 2022, shall be deemed good and
acceptable service; and it is further
ORDERED that service of this Order to Show Cause and the
papers upon which it is based by overnight mail to Gonca Tekiner
-
on or before _, 2022 , shall be deemed good and
acceptable service; and it is further
ORDERED that all proofs of service shall be filed no
later than two (2) days prior to the return date of this Order to
Show Cause; and it is further
ORDERED that verified if shall be e-
objections, any,
filed with the Court and served upon Petitioner's counsel on or
before A/& , 2022.
S U R R O G A T E
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PARKER IBRAHIM & BERG LLP Writer’s Direct Contact: 908.333.6220 (Tel.) 212.596.7036 (Fax) scott.parker@piblaw.com April 20, 2022 www.piblaw.com VIA NYSCEF Hon. Joel M. Cohen, J.S.C. Supreme Court of the State of New York County of New York 60 Centre Street, Room 570 New York, New York 10007 Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al. Index No.: 657193/2020 Dear Justice Cohen: This firm represents Plaintiff Yasemin Tekiner (“Plaintiff”) as co-counsel in the above- referenced action. We write to advise that, on April 18, 2022, the Hon. Brandon R. Sall, Surrogate, entered an Order to Show Cause in a related proceeding pending in the Surrogate’s Court of the State of New York, County of Westchester (File No. 1994-1073/C) (the “Order to Show Cause”). Per the Order to Show Cause, Respondents Berrin Tekiner (“Berrin”), Yuksel Fedayi (“Yuksel”), Mark Bosswick, Gonca Tekiner, and Zeynep Tekiner are required to show cause on May 4, 2022 at 9:30 a.m. why Berrin and Yuksel should not be suspended as trustees of the testamentary trust created under Article NINTH of the Last Will and Testament of Sami Tekiner (the “Trust”), why Mark Bosswick should not be appointed Successor Trustee of the Trust, and why Berrin and Yuksel should not be enjoined from selling, transferring, alienating, or th encumbering the real property located at 254-258 West 35 Street, New York, New York, along with other relief enumerated therein. Defendants have repeatedly asserted that matters involving the 35th Street LLC are not before this Court. Accordingly, these matters have been raised before the Surrogate’s Court. Respectfully submitted, /s/ Scott W. Parker Scott W. Parker Enclosure cc: All counsel of record (via NYSCEF) New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037 New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700 BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA At and for the Surrogate's Court of the State of New York, County of Westchester, 111 Dr. Martin Luther King, Jr., Blvd., White Plains, New York, on this /, day of 4 f , 2022. PRESENT: HON. BRANDON R. SALL, SURROGATE. -----------------------------------------x In the Matter of the Petition of : Yasemin Tekiner, a Beneficiary of the : File No. 1994-1073/C Testamentary Trust Created Under : Article NINTH of the Last Will and : Testament of : ORDER TO : SHOW CAUSE SAMI TEKINER, : Deceased, : Pursuant to SCPA §711 to Suspend and : Remove Berrin Tekiner and Yuksel : Fedayi. : Upon the Petition of Yasemin Tekiner, verified on March 23, 2022, the exhibits annexed thereto, the Affidavit of Yasemin Tekiner sworn to on March 23, 2022, the Affirmation of Urgency of Angelo M. Grasso, dated March 22, 2022, the Memorandum of Law, dated March 23, 2022, the Affirmation Amending Petition of Tzipora Zelmanowitz, dated April 5, 2022, and all the proceedings heretofore had herein, Let the respondents Berrin Tekiner, Yuksel Fedayi, Yuksel Fedayi, Mark Bosswick, Gonca Tekiner, and Zeynep Tekiner show cause before the Surrogate's Court of the State of New York, County of Westchester, at the Courthouse located at 111 Dr. Martin Luther King, Jr., Blvd, White Plains, New York, on , 2022, at Ý.3D o'clock in the y> noon of that day, or as soon thereafter as counsel may be heard, why an order should not be entered: a. Suspending Berrin Tekiner and Yuksel Fedayi as trustees of the testamentary trust created under Article NINTH of the Last Will and Testament of Sami Tekiner ("Trust"); b. Appointing Mark Bosswick as Successor Trustee of the Trust; c. Enjoining Berrin Tekiner and Yuksel Fedayi from selling, transferring, alienating or encumbering the real property located at 254-258 West 35th Street, New York, New York; d. Upon discovery and a hearing, removing Berrin Tekiner and Yuksel Fedayi as Trustees of the Trust and appointing Mark Bosswick as Successor Trustee; and e. Awarding to Petitioner such other and further relief that to the Court seems just, equitable, and proper, including an award of costs, attorneys' disbursements, and fees from the Trust; and it is further ORDERED that service of this Order to Show Cause and the papers upon which it is based by personal service upon Berrin Tekiner, Yuksel Fedayi, Zeynep Tekiner, and Mark Bosswick, and on or before , 2022, shall be deemed good and acceptable service; and it is further ORDERED that service of this Order to Show Cause and the papers upon which it is based by overnight mail to Gonca Tekiner - on or before _, 2022 , shall be deemed good and acceptable service; and it is further ORDERED that all proofs of service shall be filed no later than two (2) days prior to the return date of this Order to Show Cause; and it is further ORDERED that verified if shall be e- objections, any, filed with the Court and served upon Petitioner's counsel on or before A/& , 2022. S U R R O G A T E