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FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022
EXHIBIT I
FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
Index No. 657193/2020
In her individual capacity, as a
beneficiary and a Trustee of The
Yasemin Tekiner 2011 Descendants
Trust and derivatively as a holder of NOTICE OF SUBPOENA
equitable interests in a shareholder or a
member of the Company Defendants,
Plaintiff,
- against -
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, and BILLUR AKIPEK, in
her capacity as a Trustee of The Yasemin
Tekiner 2011 Descendants Trust,
Defendants.
PLEASE TAKE NOTICE THAT, pursuant to CPLR 3120, Plaintiff Yasemin
Tekiner intends to serve non-party Paul Schwartzman with the attached Subpoena Duces
Tecum and Ad Testificandum seeking the production of documents on July 26, 2021 at
the offices of Mandel Bhandari LLP, and deposition on July 27, 2021.
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DATED: New York, New York
June 25, 2021
By:
/s/ Donald Conklin
____________________________
Donald Conklin
Mandel Bhandari LLP
80 Pine Street, 33rd Floor
New York, NY 10005
(212) 269-5600
(646) 964-6667 (fax)
dc@mandelbhandari.com
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SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
Index No. 657193/2020
In her individual capacity, as a
beneficiary and a Trustee of The
Yasemin Tekiner 2011 Descendants
Trust and derivatively as a holder of SUBPOENA DUCES TECUM
equitable interests in a shareholder or a AND AD TESTIFICANDUM
member of the Company Defendants,
Plaintiff,
- against -
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, and BILLUR AKIPEK, in
her capacity as a Trustee of The Yasemin
Tekiner 2011 Descendants Trust,
Defendants.
To: Paul Schwartzman
315 East 65th Street, Apt. 7J
New York, NY 10021
WE HEREBY COMMAND YOU that, all business and excuses being laid aside,
all business and excuses being laid aside, to produce at Mandel Bhandari, LLP, c/o
Donald Conklin, 80 Pine Street, 33rd Floor, New York, NY 10005, on or before July 26,
2021, the documents requested on Schedule A annexed hereto.
WE ALSO COMMAND YOU to appear and testify before a Notary Public or
other person so qualified to act, at a remote deposition to be conducted by
videoconference or other remote means on July 27, 2021, at 10 a.m., concerning the
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subject matter set forth in Schedule B. The deposition will continue day to day until
complete and will be recorded by stenographic means and videotaped.
PLEASE TAKE NOTICE that failure to comply with this subpoena may be
punishable as a contempt of court and may make you liable to the person on whose behalf
this subpoena was issued. Pursuant to CPLR 3101(a)(4), your testimony is required in
order to establish certain facts in the above-captioned case relating, inter alia, to the value
of the properties owned by Bremen House, Inc., Bremen House Texas, Inc., German
News Company, Inc., German News Texas, Inc., and/or 254 – 258 W. 35th St. LLC (the
“Corporate Defendants”), the management of properties owned by the Corporate
Defendants, profits and losses of the Corporate Defendants, and compensation of the
Corporate Defendants’ directors, officers and employees.
PLEASE TAKE FURTHER NOTICE that this examination shall be recorded by
stenographic means and videotaped, pursuant to CPLR 3113 and 22 N.Y.C.R.R. §
202.15. In accordance with 22 N.Y.C.R.R. § 202.15, please be advised that the videotape
operator will be an employee or agent of Mandel Bhandari LLP.
Should you have any questions, please contact me at the below email address.
DATED: New York, New York
June 24, 2021
By:
____________________________
Donald Conklin
Mandel Bhandari LLP
80 Pine Street, 33rd Floor
New York, NY 10005
(212) 269-5600
(646) 964-6667 (fax)
dc@mandelbhandari.com
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SCHEDULE A
DEFINITIONS
1. The term “Companies” shall refer to Defendants Bremen House, Inc., Bremen
House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th
St. LLC, together with all of their officers, directors, employees, independent contractors, agents,
partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any
persons acting or purporting to act on their behalf.
2. The term “Defendants” shall refer to 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, and Billur Akipek, together with all of their officers,
directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries,
affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their
behalf.
3. The term “Yasemin” shall refer to Plaintiff Yasemin Tekiner, including partners,
employees, agents, attorneys, and any persons acting or purporting to act on her behalf.
4. The term “Trust” shall refer to The Yasemin Tekiner 2011 Descendants Trust.
5. The term “communication” means the transmittal of information (in the form of
facts, ideas, inquiries, or otherwise), and may be written or oral.
6. The term “concerning” means relating to, referring to, reflecting, mentioning,
describing, evidencing, consisting of (in whole or in part), constituting (in whole or in part), or
containing (in whole or in part).
7. The term “document” shall be construed in its broadest sense and includes the
original and each non-identical copy and any draft of any written, typed, printed, recorded, or
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graphical matter, however recorded, stored, produced, or reproduced, or any tangible thing that
in whole or in part illustrates or conveys information, including but not limited to, papers, letters,
notes, books, notebooks, diaries, journals, correspondence, interoffice and intraoffice
communications, memoranda, opinions, reports, evaluations, recommendations, reviews,
analyses, minutes, entries in personal diaries or other record books, summaries, notes, or minutes
of meetings or conversations or communications of any type or description (including, without
limitation, telephone conversations, personal conversations or interviews, meetings, conferences,
negotiations, and investigations), cablegrams, mailgrams, telegrams, facsimiles, electronic mail,
email, telexes, marginal comments or annotations appearing in any document, calendars,
appointment books, pamphlets, books, manuals, directives, bulletins, instructions, agreements,
contracts and other legal documents, news releases, advertisements, ledgers, statistics, surveys,
checks, financial statements, invoices, receipts, work sheets, bills, preliminary drafts and
working papers, drawings, sketches, charts, graphs, plans, specifications, photographs,
phonographs, films, tapes, information recorded on microfilm or microfiche, data and
information on computer-stored or computer-readable media whether tape, disk, diskette, RAM,
or other medium of storage, including but not limited to computer files and electronic mail, and
all other writings, recordings, and data compilations of every description, however denominated,
translated, or described from which information can be obtained or translated, if necessary,
through detective devices into reasonably usable form.
For purpose of the foregoing definition, the term “draft” means any earlier, preliminary,
preparatory, or tentative version of all or part of a document, whether or not such draft was
superseded by a later draft, and whether or not the terms of the draft are the same as or different
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from the terms of the final document. The term “copy” means all versions of a document that is
not in every respect identical to the documents being produced.
INSTRUCTIONS FOR DOCUMENT REQUESTS
1. Unless otherwise specified, the production of documents called for in these
requests covers the period 2011 to the present. Notwithstanding, to the extent any document
created before that date pertains to the subject matter of the requested, it should be produced in
response to these requests.
2. Documents should be produced in their entirety without abbreviation or
expurgation.
3. If you object to any Request in whole or in part on the basis of any claimed
privilege, provide the following information for each communication or information of which
you claim a privilege:
a. The type of communication or information (e.g. meeting,
phone call, letter, data);
b. The date of the communication or information;
c. The identity of the author of any written communication, the
speaker of any oral communication, or the source of any
information;
d. The identity of all persons who received or had access to any
written communication or information and all persons
present during oral communication;
e. The subject matter of the communications or information;
f. The location of any information, written communications
and recordings of any oral communications; and
g. The factual and legal basis on which you claim privilege.
8. In the event that any matter called for in a request has been destroyed, that item
should be identified as follows: sender, recipient, each recipient copied or blind copied; date,
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subject matter, number of pages, attachments or appendixes; all persons to whom distributed,
shown or explained; date of destruction, manner of destruction, reason for destruction, person
authorizing destruction and person destroying the document(s).
9. These requests are continuing, and require further and supplemental production if
the recipient receives or generates additional matter between the time of original production and
the time of trial.
10. If any matter covered by a request is no longer in your possession, custody or
control, describe the matter in detail and identify the present custodian.
11. Each page of a produced document shall have a legible, unique page identifier
(“Bates Number”) on the face of the image in a location that does not obliterate, conceal or
interfere with any information from the source document.
12. Electronic records and computerized information must be produced with all metadata
preserved and intact.
REQUESTS FOR DOCUMENTS
1. All documents and correspondence related to the sale or contemplated sale of
properties owned by the Companies, including but not limited to, any final or draft contracts,
correspondence related to negotiations with the prospective buyers, the status of any down
payments for the sales, how the sales prices were set, the status of any pre-closing conditions and
the status of any closings.
2. All documents concerning any offers for or due diligence conducted by potential
buyers of those properties.
3. All documents and communications relating to any mortgages on any of the
properties owned by the Companies, including the balances owed on such mortgages, and any
applications or commitments for any further loans, refinancings or mortgages.
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4. All documents and communications relating to profit and loss statements of the
Companies.
5. All documents and communications relating to the compensation of the
Companies’ directors, officers and employees, including but not limited to salaries, bonuses,
expense reimbursements, commissions, consulting fees, pension plan contributions, profit-
sharing, use of the Companies’ credit cards, personal services, housing expenses, loans
guaranteed by the Companies, interest, dividends and/or gifts.
6. All documents and communications relating to payments or other financial
benefits made by the Companies to any of their shareholders, including but not limited to
salaries, bonuses, expense reimbursements, commissions, consulting fees, pension plan
contributions, profit-sharing, use of the Companies’ credit cards, personal services, housing
expenses, loans guaranteed by the Companies, interest, dividends and/or gifts.
7. All documents and communications relating to any analyses by real estate
advisors concerning any properties owned by the Companies.
8. All documents and communications relating to any appraisals of any properties
owned by the Companies.
9. All documents related to the Companies’ expenses.
10. A listing of all assets of the Companies.
11. All documents and communications concerning any lease or other contract
between any of the Companies and any relative, friend, employee, or independent contractor of
an employee, officer, or director of any of the Companies.
12. All documents and communications concerning any transaction between any of
the Companies and any employee, officer, or director of any of the Companies.
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13. All documents concerning the Companies’ solicitation or receipt of offers to
purchase any of the Companies’ assets.
14. All documents or communications concerning the re-investment, including
through what is known as a 1031 exchange, of the sales proceeds from the sale of certain
Manhattan real estate to Extell.
15. All documents including all communications concerning any request by any
director or shareholder of the Companies to inspect the Companies’ books and records, including
but not limited to correspondence between Yasemin and the Companies.
16. All documents and communications regarding any consideration given by any of
the Defendants to dividing up the assets of the Companies among their shareholders, including
but not limited to the tax implications of doing so.
17. All documents concerning any leases or other arrangements Billur Akipek or any
member of her family has in connection with arrangements to live in or stay at any properties
owned by the Companies.
18. All documents concerning the purchase by the Companies or Berrin Tekiner of a
home in the South of France and any subsequent sale thereof.
19. All documents concerning the purchase by the Companies, Gonca Tekiner or
Berrin Tekiner of any apartments located at 30 East 85th Street and any subsequent sales thereof.
20. All documents concerning the purchase by the Companies or Berrin Tekiner of a
home in the Hamptons area of Long Island and any subsequent sale thereof.
21. All documents concerning the purchase by the Companies or Gonca Tekiner of a
home in Bronxville, New York, including but limited to any mortgages or other financing taken
out by the Companies to pay for that purchase.
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22. All documents concerning the Companies’ payment or reimbursement of
expenses of any of the Individual Defendants, including but not limited to: telephone bills;
landscaping bills; housekeeping bills; wages or expenses of a driver or housekeeper; travel
expenses; and pet food.
23. All documents concerning any leases or other arrangements made to permit any
friends, relatives or staff of the Defendants to reside or stay in any of the properties owned by the
Defendants.
24. All documents concerning the Companies’ sale of a property located on Second
Avenue in Midtown Manhattan during 2006 through 2007 and Yasemin’s role in that transaction.
25. All documents concerning the Companies’ purchase of a property located on the
Bowery in Manhattan and Yasemin’s role in that transaction.
26. All documents concerning the Companies’ consideration of purchasing properties
in Florida.
27. All documents concerning any complaints or concerns Yasemin raised about the
Companies’ operations, management or finances.
28. All documents and communications concerning the Companies’ compliance with
New York State and City laws and regulations.
29. All documents concerning any complaints or concerns any of the Companies’
outside professionals or employees raised about the Companies’ operations, management or
finances.
30. All documents concerning any training the Companies accounting and financial
staff have had in accounting or financial management.
31. All documents concerning the Companies’ acquisition of properties in Texas.
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32. All documents concerning or reflecting the financial performance of the
Companies’ properties in Texas.
33. Any documents or communications concerning the possible loss of any of the
Companies’ Texas properties and the Companies’ need to buy those properties back at auction.
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SCHEDULE B
DEPOSITION TOPICS
1. Your work relating to Bremen House, Inc., Bremen House Texas, Inc., German
News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC (“Companies”),
Berrin Tekiner, Gonca Tekiner, and/or Billur Akipek (together with Companies, “Defendants”).
2. The value of properties owned by the Companies.
3. Appraisals of any properties owned by the Companies.
4. Assets of the Companies.
5. Purchases of properties by the Companies.
6. The sale or contemplated sale of properties owned by the Companies.
7. The Companies’ solicitation or receipt of offers to purchase any of the
Companies’ assets.
8. Mortgages on any of the properties owned by the Companies.
9. Distributions of revenue and/or profits relating to the Companies.
10. Expenses of the Companies.
11. Analyses of any properties owned by the Companies by real estate advisors.
12. Contracts between the Companies and any relative, friend, employee, or
independent contractor of an employee, officer, or director of any of the Companies, including
the individual Defendants.
13. Requests by any director or shareholder of the Companies to inspect the
Companies’ books and records.
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14. Any consideration given by any of the Defendants to dividing up the assets of the
Companies among their shareholders, including but not limited to the tax implications of doing
so.
15. The Companies’ compliance with New York State and City laws and regulations.
16. The Companies’ management of properties owned by them.
17. The Companies’ record-keeping processes and procedures.
18. The Companies’ operations, management and finances.
19. Berrin Tekiner’s role at the Companies.
20. Gonca Tekiner’s role at the Companies.
21. Yasemin Tekiner’s role at the Companies.
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SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
-------------------------------------- x
YASEMIN TEKINER, :
:
in her individual capacity, as a beneficiary and a :
Trustee of The Yasemin Tekiner 2011 :
Descendants Trust and derivatively as a holder :
of equitable interests in a shareholder or a :
member of the Company Defendants, :
:
Plaintiff, :
: Index No. 657193/20
- against – :
:
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, and :
BILLUR AKIPEK, in her capacity as a Trustee of :
The Yasemin Tekiner 2011 Descendants Trust, :
:
Defendants. :
-------------------------------------- x
VERIFIED AMENDED COMPLAINT
Plaintiff, Yasemin Tekiner, a/k/a Jasmin Tekiner (“Plaintiff” or “Yasemin”), in her
individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants
Trust and derivatively as a holder of equitable interests in a shareholder or member of the
Company Defendants (as defined below), for her amended complaint against 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 and Billur Akipek, in
her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust (collectively
“Defendants”), alleges as follows:
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NATURE OF THE ACTION
1. Plaintiff has been a trustee and is the beneficiary of a trust that holds for her
benefit roughly one-third of the shares of Defendant Bremen House, Inc. (“Bremen” or the
“Company”) and substantial interests in the remaining company Defendants, which own highly
valuable real estate located in New York and Texas. For some years, Plaintiff has complained
about the mismanagement of Bremen and its affiliated companies and the declining value of their
business and the properties they hold. A large reason for this financial decline has been the gross
mismanagement and ineptitude of Defendants Berrin Tekiner (“Berrin”) and Gonca Tekiner
(“Gonca”) and their pattern of bleeding the companies’ assets for their own personal gain. When
Plaintiff has raised issues concerning this protracted mismanagement, she has repeatedly been
met with acts of retaliation and concealment by Berrin and Gonca (collectively the “Individual
Defendants”).
2. Recently, Defendants denied a request by Plaintiff -- who serves as a Director of
Defendant Bremen and as Treasurer of Defendant German News Company, Inc. (“German
News”) and is a long-term employee of Bremen -- for access to key financial records of the
companies that would have revealed the depths of the Individual Defendants’ mismanagement
and self-dealing. In retaliation for making that request and questioning her management of the
Company Defendants, Berrin purported to remove Yasemin as a Trustee of The Yasemin
Tekiner 2011 Descendants Trust.
3. More recently, shortly after the filing of this case, Defendants took additional
actions of retaliation against Plaintiff, removing her as a Director of Bremen, firing her as an
officer and employee of Bremen and as Treasurer of German News and cutting off her salary
effective immediately. Moreover, this retaliatory action was infected by a fiduciary duty breach
impacting Defendant Billur Akipek (“Akipek”), who serves as the sole remaining Trustee of
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Yasemin’s Trust. Despite being conflicted, Akipek, along with the corporate trustee of the Trust,
consented to Plaintiff’s removal as a Director of Bremen, apparently acting at the direction of the
Individual Defendants.
4. As a consequence, Plaintiff brings this action seeking judicial relief for the
multiple breaches of fiduciary duty that the Individual Defendants have perpetrated by engaging
in an extended course of misconduct through corporate waste and mismanagement, conflicts of
interest, self-dealing, bleeding of company assets, concealment and denial of legitimate access to
corporate records, and to redress their acts of retaliation. Plaintiff also seeks to set aside
Defendant Akipek’s abuse of discretion in denying her any distributions whatsoever from her
Trust during the entire existence of the Trust and the Individual Defendants’ interference with
Plaintiffs’ rights under her Trust.
PARTIES
5. Plaintiff, Yasemin, is a resident of the State of California. She holds a B.A. from
Cornell University and an M.F.A. from Columbia University. She is a Director and long-time
employee of Defendant Bremen and serves as Treasurer of Defendant German News. She has
been a Trustee and is beneficiary of The Yasemin Tekiner 2011 Descendants Trust (“the
Yasemin Trust” or “the Trust”, which owns approximately one-third of the shares of Bremen and
holds substantial interests in the other company Defendants. Yasemin brings this action
individually, in her capacity with the Yasemin Trust and derivatively, on behalf of the Company
Defendants, as an equitable holder of substantial shares or membership interests in those
Companies.
6. Defendant, Berrin, is a resident of Westchester County in the State of New York
and is understood to be in the process of moving to the State of Connecticut. She is the mother
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of Yasemin and Defendant Gonca. She serves as Chairman of the Board of Defendant Bremen
and Bremen House Texas, is Chief Executive Officer of Defendant German News, and works out
of Bremen’s offices in New York County. She is believed to hold management roles in the other
companies who are Defendants in this action. She is the sole member of the Protector
Committee of The Yasemin Tekiner 2011 Descendants Trust.
7. Defendant, Gonca, is a resident of Westchester County in the State of New York.
She is the sister of Yasemin. She is President, Chief Executive Officer and a Director of
Defendant Bremen, and works out of Bremen’s offices in New York County. She is believed to
hold management roles in the other companies who are Defendants in this action.
8. Defendant, Bremen, is a New York corporation with its principal offices located
in New York County. Bremen is the employer of Plaintiff. The main business of Bremen is to
invest in, hold and manage real estate located in New York and Texas.
9. Defendant, Bremen House Texas, Inc. (“Bremen Texas”), is a Delaware
corporation, which is not in good standing, and has its principal offices located in New York
County. Bremen Texas is a wholly owned subsidiary of Bremen. The main business of Bremen
Texas is to invest in, hold and manage shopping center properties located in Texas.
10. Defendant, German News, is a New York corporation with its principal offices
located in New York County. The main business of German News is to invest in, hold and
manage real estate located in New York and Texas.
11. Defendant, German News Texas, Inc. (“German News Texas”), is a Delaware
corporation with its principal offices located in New York County. German News Texas is a
wholly owned subsidiary of German News. The main business of German News is to invest in,
hold and manage shopping center properties located in Texas.
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12. Defendant, 254 – 258 W. 35th St. LLC (“254 West 35th"), is an LLC with its
principal offices located in New York County. The main business of 254 West 35th is to invest
in, hold and manage real estate located in New York County.
13. Defendant, Billur Akipek (“Akipek”), is a resident of New York County in the
State of New York and works out of Bremen’s offices in New York County. She is a Trustee of
The Yasemin Tekiner 2011 Descendants Trust and is a director and officer of certain of the
Company Defendants. She is sued herein in her capacity as a Trustee of that Trust for having
refused to authorize the bringing of claims addressed to the misconduct of the Individual
Defendants, as alleged herein.
JURISDICTION
14. This Court has jurisdiction over the subject matter of this action because it is a
court of general jurisdiction.
15. Pursuant to CPLR 301 and 302, this Court has jurisdiction over Defendants
Berrin, Gonca and Akipek given that they are residents of the State of New York, they transact
business in the State of New York and/or they committed tortious acts within this State.
16. Pursuant to CPLR 301, 302 and 311, and Section 304 of the Business Corporation
Law, this Court has jurisdiction over Defendants Bremen, Bremen Texas, German News,
German News Texas and 254 West 35th (collectively the “Company Defendants”) given that
certain of them are New York corporations, they each maintain offices within the State of New
York, and/or they transact business in the State of New York.
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FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 EXHIBIT I FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, Index No. 657193/2020 In her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of NOTICE OF SUBPOENA equitable interests in a shareholder or a member of the Company Defendants, Plaintiff, - against - 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, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. PLEASE TAKE NOTICE THAT, pursuant to CPLR 3120, Plaintiff Yasemin Tekiner intends to serve non-party Paul Schwartzman with the attached Subpoena Duces Tecum and Ad Testificandum seeking the production of documents on July 26, 2021 at the offices of Mandel Bhandari LLP, and deposition on July 27, 2021. 1 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 DATED: New York, New York June 25, 2021 By: /s/ Donald Conklin ____________________________ Donald Conklin Mandel Bhandari LLP 80 Pine Street, 33rd Floor New York, NY 10005 (212) 269-5600 (646) 964-6667 (fax) dc@mandelbhandari.com 2 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, Index No. 657193/2020 In her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of SUBPOENA DUCES TECUM equitable interests in a shareholder or a AND AD TESTIFICANDUM member of the Company Defendants, Plaintiff, - against - 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, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. To: Paul Schwartzman 315 East 65th Street, Apt. 7J New York, NY 10021 WE HEREBY COMMAND YOU that, all business and excuses being laid aside, all business and excuses being laid aside, to produce at Mandel Bhandari, LLP, c/o Donald Conklin, 80 Pine Street, 33rd Floor, New York, NY 10005, on or before July 26, 2021, the documents requested on Schedule A annexed hereto. WE ALSO COMMAND YOU to appear and testify before a Notary Public or other person so qualified to act, at a remote deposition to be conducted by videoconference or other remote means on July 27, 2021, at 10 a.m., concerning the 1 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 subject matter set forth in Schedule B. The deposition will continue day to day until complete and will be recorded by stenographic means and videotaped. PLEASE TAKE NOTICE that failure to comply with this subpoena may be punishable as a contempt of court and may make you liable to the person on whose behalf this subpoena was issued. Pursuant to CPLR 3101(a)(4), your testimony is required in order to establish certain facts in the above-captioned case relating, inter alia, to the value of the properties owned by Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., and/or 254 – 258 W. 35th St. LLC (the “Corporate Defendants”), the management of properties owned by the Corporate Defendants, profits and losses of the Corporate Defendants, and compensation of the Corporate Defendants’ directors, officers and employees. PLEASE TAKE FURTHER NOTICE that this examination shall be recorded by stenographic means and videotaped, pursuant to CPLR 3113 and 22 N.Y.C.R.R. § 202.15. In accordance with 22 N.Y.C.R.R. § 202.15, please be advised that the videotape operator will be an employee or agent of Mandel Bhandari LLP. Should you have any questions, please contact me at the below email address. DATED: New York, New York June 24, 2021 By: ____________________________ Donald Conklin Mandel Bhandari LLP 80 Pine Street, 33rd Floor New York, NY 10005 (212) 269-5600 (646) 964-6667 (fax) dc@mandelbhandari.com 2 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 SCHEDULE A DEFINITIONS 1. The term “Companies” shall refer to Defendants Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC, together with all of their officers, directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their behalf. 2. The term “Defendants” shall refer to 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, and Billur Akipek, together with all of their officers, directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their behalf. 3. The term “Yasemin” shall refer to Plaintiff Yasemin Tekiner, including partners, employees, agents, attorneys, and any persons acting or purporting to act on her behalf. 4. The term “Trust” shall refer to The Yasemin Tekiner 2011 Descendants Trust. 5. The term “communication” means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise), and may be written or oral. 6. The term “concerning” means relating to, referring to, reflecting, mentioning, describing, evidencing, consisting of (in whole or in part), constituting (in whole or in part), or containing (in whole or in part). 7. The term “document” shall be construed in its broadest sense and includes the original and each non-identical copy and any draft of any written, typed, printed, recorded, or 1 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 graphical matter, however recorded, stored, produced, or reproduced, or any tangible thing that in whole or in part illustrates or conveys information, including but not limited to, papers, letters, notes, books, notebooks, diaries, journals, correspondence, interoffice and intraoffice communications, memoranda, opinions, reports, evaluations, recommendations, reviews, analyses, minutes, entries in personal diaries or other record books, summaries, notes, or minutes of meetings or conversations or communications of any type or description (including, without limitation, telephone conversations, personal conversations or interviews, meetings, conferences, negotiations, and investigations), cablegrams, mailgrams, telegrams, facsimiles, electronic mail, email, telexes, marginal comments or annotations appearing in any document, calendars, appointment books, pamphlets, books, manuals, directives, bulletins, instructions, agreements, contracts and other legal documents, news releases, advertisements, ledgers, statistics, surveys, checks, financial statements, invoices, receipts, work sheets, bills, preliminary drafts and working papers, drawings, sketches, charts, graphs, plans, specifications, photographs, phonographs, films, tapes, information recorded on microfilm or microfiche, data and information on computer-stored or computer-readable media whether tape, disk, diskette, RAM, or other medium of storage, including but not limited to computer files and electronic mail, and all other writings, recordings, and data compilations of every description, however denominated, translated, or described from which information can be obtained or translated, if necessary, through detective devices into reasonably usable form. For purpose of the foregoing definition, the term “draft” means any earlier, preliminary, preparatory, or tentative version of all or part of a document, whether or not such draft was superseded by a later draft, and whether or not the terms of the draft are the same as or different 2 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 from the terms of the final document. The term “copy” means all versions of a document that is not in every respect identical to the documents being produced. INSTRUCTIONS FOR DOCUMENT REQUESTS 1. Unless otherwise specified, the production of documents called for in these requests covers the period 2011 to the present. Notwithstanding, to the extent any document created before that date pertains to the subject matter of the requested, it should be produced in response to these requests. 2. Documents should be produced in their entirety without abbreviation or expurgation. 3. If you object to any Request in whole or in part on the basis of any claimed privilege, provide the following information for each communication or information of which you claim a privilege: a. The type of communication or information (e.g. meeting, phone call, letter, data); b. The date of the communication or information; c. The identity of the author of any written communication, the speaker of any oral communication, or the source of any information; d. The identity of all persons who received or had access to any written communication or information and all persons present during oral communication; e. The subject matter of the communications or information; f. The location of any information, written communications and recordings of any oral communications; and g. The factual and legal basis on which you claim privilege. 8. In the event that any matter called for in a request has been destroyed, that item should be identified as follows: sender, recipient, each recipient copied or blind copied; date, 3 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 subject matter, number of pages, attachments or appendixes; all persons to whom distributed, shown or explained; date of destruction, manner of destruction, reason for destruction, person authorizing destruction and person destroying the document(s). 9. These requests are continuing, and require further and supplemental production if the recipient receives or generates additional matter between the time of original production and the time of trial. 10. If any matter covered by a request is no longer in your possession, custody or control, describe the matter in detail and identify the present custodian. 11. Each page of a produced document shall have a legible, unique page identifier (“Bates Number”) on the face of the image in a location that does not obliterate, conceal or interfere with any information from the source document. 12. Electronic records and computerized information must be produced with all metadata preserved and intact. REQUESTS FOR DOCUMENTS 1. All documents and correspondence related to the sale or contemplated sale of properties owned by the Companies, including but not limited to, any final or draft contracts, correspondence related to negotiations with the prospective buyers, the status of any down payments for the sales, how the sales prices were set, the status of any pre-closing conditions and the status of any closings. 2. All documents concerning any offers for or due diligence conducted by potential buyers of those properties. 3. All documents and communications relating to any mortgages on any of the properties owned by the Companies, including the balances owed on such mortgages, and any applications or commitments for any further loans, refinancings or mortgages. 4 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 4. All documents and communications relating to profit and loss statements of the Companies. 5. All documents and communications relating to the compensation of the Companies’ directors, officers and employees, including but not limited to salaries, bonuses, expense reimbursements, commissions, consulting fees, pension plan contributions, profit- sharing, use of the Companies’ credit cards, personal services, housing expenses, loans guaranteed by the Companies, interest, dividends and/or gifts. 6. All documents and communications relating to payments or other financial benefits made by the Companies to any of their shareholders, including but not limited to salaries, bonuses, expense reimbursements, commissions, consulting fees, pension plan contributions, profit-sharing, use of the Companies’ credit cards, personal services, housing expenses, loans guaranteed by the Companies, interest, dividends and/or gifts. 7. All documents and communications relating to any analyses by real estate advisors concerning any properties owned by the Companies. 8. All documents and communications relating to any appraisals of any properties owned by the Companies. 9. All documents related to the Companies’ expenses. 10. A listing of all assets of the Companies. 11. All documents and communications concerning any lease or other contract between any of the Companies and any relative, friend, employee, or independent contractor of an employee, officer, or director of any of the Companies. 12. All documents and communications concerning any transaction between any of the Companies and any employee, officer, or director of any of the Companies. 5 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 13. All documents concerning the Companies’ solicitation or receipt of offers to purchase any of the Companies’ assets. 14. All documents or communications concerning the re-investment, including through what is known as a 1031 exchange, of the sales proceeds from the sale of certain Manhattan real estate to Extell. 15. All documents including all communications concerning any request by any director or shareholder of the Companies to inspect the Companies’ books and records, including but not limited to correspondence between Yasemin and the Companies. 16. All documents and communications regarding any consideration given by any of the Defendants to dividing up the assets of the Companies among their shareholders, including but not limited to the tax implications of doing so. 17. All documents concerning any leases or other arrangements Billur Akipek or any member of her family has in connection with arrangements to live in or stay at any properties owned by the Companies. 18. All documents concerning the purchase by the Companies or Berrin Tekiner of a home in the South of France and any subsequent sale thereof. 19. All documents concerning the purchase by the Companies, Gonca Tekiner or Berrin Tekiner of any apartments located at 30 East 85th Street and any subsequent sales thereof. 20. All documents concerning the purchase by the Companies or Berrin Tekiner of a home in the Hamptons area of Long Island and any subsequent sale thereof. 21. All documents concerning the purchase by the Companies or Gonca Tekiner of a home in Bronxville, New York, including but limited to any mortgages or other financing taken out by the Companies to pay for that purchase. 6 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 22. All documents concerning the Companies’ payment or reimbursement of expenses of any of the Individual Defendants, including but not limited to: telephone bills; landscaping bills; housekeeping bills; wages or expenses of a driver or housekeeper; travel expenses; and pet food. 23. All documents concerning any leases or other arrangements made to permit any friends, relatives or staff of the Defendants to reside or stay in any of the properties owned by the Defendants. 24. All documents concerning the Companies’ sale of a property located on Second Avenue in Midtown Manhattan during 2006 through 2007 and Yasemin’s role in that transaction. 25. All documents concerning the Companies’ purchase of a property located on the Bowery in Manhattan and Yasemin’s role in that transaction. 26. All documents concerning the Companies’ consideration of purchasing properties in Florida. 27. All documents concerning any complaints or concerns Yasemin raised about the Companies’ operations, management or finances. 28. All documents and communications concerning the Companies’ compliance with New York State and City laws and regulations. 29. All documents concerning any complaints or concerns any of the Companies’ outside professionals or employees raised about the Companies’ operations, management or finances. 30. All documents concerning any training the Companies accounting and financial staff have had in accounting or financial management. 31. All documents concerning the Companies’ acquisition of properties in Texas. 7 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 32. All documents concerning or reflecting the financial performance of the Companies’ properties in Texas. 33. Any documents or communications concerning the possible loss of any of the Companies’ Texas properties and the Companies’ need to buy those properties back at auction. 8 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 SCHEDULE B DEPOSITION TOPICS 1. Your work relating to Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC (“Companies”), Berrin Tekiner, Gonca Tekiner, and/or Billur Akipek (together with Companies, “Defendants”). 2. The value of properties owned by the Companies. 3. Appraisals of any properties owned by the Companies. 4. Assets of the Companies. 5. Purchases of properties by the Companies. 6. The sale or contemplated sale of properties owned by the Companies. 7. The Companies’ solicitation or receipt of offers to purchase any of the Companies’ assets. 8. Mortgages on any of the properties owned by the Companies. 9. Distributions of revenue and/or profits relating to the Companies. 10. Expenses of the Companies. 11. Analyses of any properties owned by the Companies by real estate advisors. 12. Contracts between the Companies and any relative, friend, employee, or independent contractor of an employee, officer, or director of any of the Companies, including the individual Defendants. 13. Requests by any director or shareholder of the Companies to inspect the Companies’ books and records. 1 FILED: NEW YORK COUNTY CLERK 06/06/2022 11:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 407 RECEIVED NYSCEF: 06/06/2022 14. Any consideration given by any of the Defendants to dividing up the assets of the Companies among their shareholders, including but not limited to the tax implications of doing so. 15. The Companies’ compliance with New York State and City laws and regulations. 16. The Companies’ management of properties owned by them. 17. The Companies’ record-keeping processes and procedures. 18. The Companies’ operations, management and finances. 19. Berrin Tekiner’s role at the Companies. 20. Gonca Tekiner’s role at the Companies. 21. Yasemin Tekiner’s role at the Companies. 2 FILED: NEW YORK COUNTY CLERK 01/25/2021 06/06/2022 07:38 11:55 AM PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 86 407 RECEIVED NYSCEF: 01/25/2021 06/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY -------------------------------------- x YASEMIN TEKINER, : : in her individual capacity, as a beneficiary and a : Trustee of The Yasemin Tekiner 2011 : Descendants Trust and derivatively as a holder : of equitable interests in a shareholder or a : member of the Company Defendants, : : Plaintiff, : : Index No. 657193/20 - against – : : 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, and : BILLUR AKIPEK, in her capacity as a Trustee of : The Yasemin Tekiner 2011 Descendants Trust, : : Defendants. : -------------------------------------- x VERIFIED AMENDED COMPLAINT Plaintiff, Yasemin Tekiner, a/k/a Jasmin Tekiner (“Plaintiff” or “Yasemin”), in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or member of the Company Defendants (as defined below), for her amended complaint against 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 and Billur Akipek, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust (collectively “Defendants”), alleges as follows: 1 of 38 FILED: NEW YORK COUNTY CLERK 01/25/2021 06/06/2022 07:38 11:55 AM PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 86 407 RECEIVED NYSCEF: 01/25/2021 06/06/2022 NATURE OF THE ACTION 1. Plaintiff has been a trustee and is the beneficiary of a trust that holds for her benefit roughly one-third of the shares of Defendant Bremen House, Inc. (“Bremen” or the “Company”) and substantial interests in the remaining company Defendants, which own highly valuable real estate located in New York and Texas. For some years, Plaintiff has complained about the mismanagement of Bremen and its affiliated companies and the declining value of their business and the properties they hold. A large reason for this financial decline has been the gross mismanagement and ineptitude of Defendants Berrin Tekiner (“Berrin”) and Gonca Tekiner (“Gonca”) and their pattern of bleeding the companies’ assets for their own personal gain. When Plaintiff has raised issues concerning this protracted mismanagement, she has repeatedly been met with acts of retaliation and concealment by Berrin and Gonca (collectively the “Individual Defendants”). 2. Recently, Defendants denied a request by Plaintiff -- who serves as a Director of Defendant Bremen and as Treasurer of Defendant German News Company, Inc. (“German News”) and is a long-term employee of Bremen -- for access to key financial records of the companies that would have revealed the depths of the Individual Defendants’ mismanagement and self-dealing. In retaliation for making that request and questioning her management of the Company Defendants, Berrin purported to remove Yasemin as a Trustee of The Yasemin Tekiner 2011 Descendants Trust. 3. More recently, shortly after the filing of this case, Defendants took additional actions of retaliation against Plaintiff, removing her as a Director of Bremen, firing her as an officer and employee of Bremen and as Treasurer of German News and cutting off her salary effective immediately. Moreover, this retaliatory action was infected by a fiduciary duty breach impacting Defendant Billur Akipek (“Akipek”), who serves as the sole remaining Trustee of 2 2 of 38 FILED: NEW YORK COUNTY CLERK 01/25/2021 06/06/2022 07:38 11:55 AM PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 86 407 RECEIVED NYSCEF: 01/25/2021 06/06/2022 Yasemin’s Trust. Despite being conflicted, Akipek, along with the corporate trustee of the Trust, consented to Plaintiff’s removal as a Director of Bremen, apparently acting at the direction of the Individual Defendants. 4. As a consequence, Plaintiff brings this action seeking judicial relief for the multiple breaches of fiduciary duty that the Individual Defendants have perpetrated by engaging in an extended course of misconduct through corporate waste and mismanagement, conflicts of interest, self-dealing, bleeding of company assets, concealment and denial of legitimate access to corporate records, and to redress their acts of retaliation. Plaintiff also seeks to set aside Defendant Akipek’s abuse of discretion in denying her any distributions whatsoever from her Trust during the entire existence of the Trust and the Individual Defendants’ interference with Plaintiffs’ rights under her Trust. PARTIES 5. Plaintiff, Yasemin, is a resident of the State of California. She holds a B.A. from Cornell University and an M.F.A. from Columbia University. She is a Director and long-time employee of Defendant Bremen and serves as Treasurer of Defendant German News. She has been a Trustee and is beneficiary of The Yasemin Tekiner 2011 Descendants Trust (“the Yasemin Trust” or “the Trust”, which owns approximately one-third of the shares of Bremen and holds substantial interests in the other company Defendants. Yasemin brings this action individually, in her capacity with the Yasemin Trust and derivatively, on behalf of the Company Defendants, as an equitable holder of substantial shares or membership interests in those Companies. 6. Defendant, Berrin, is a resident of Westchester County in the State of New York and is understood to be in the process of moving to the State of Connecticut. She is the mother 3 3 of 38 FILED: NEW YORK COUNTY CLERK 01/25/2021 06/06/2022 07:38 11:55 AM PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 86 407 RECEIVED NYSCEF: 01/25/2021 06/06/2022 of Yasemin and Defendant Gonca. She serves as Chairman of the Board of Defendant Bremen and Bremen House Texas, is Chief Executive Officer of Defendant German News, and works out of Bremen’s offices in New York County. She is believed to hold management roles in the other companies who are Defendants in this action. She is the sole member of the Protector Committee of The Yasemin Tekiner 2011 Descendants Trust. 7. Defendant, Gonca, is a resident of Westchester County in the State of New York. She is the sister of Yasemin. She is President, Chief Executive Officer and a Director of Defendant Bremen, and works out of Bremen’s offices in New York County. She is believed to hold management roles in the other companies who are Defendants in this action. 8. Defendant, Bremen, is a New York corporation with its principal offices located in New York County. Bremen is the employer of Plaintiff. The main business of Bremen is to invest in, hold and manage real estate located in New York and Texas. 9. Defendant, Bremen House Texas, Inc. (“Bremen Texas”), is a Delaware corporation, which is not in good standing, and has its principal offices located in New York County. Bremen Texas is a wholly owned subsidiary of Bremen. The main business of Bremen Texas is to invest in, hold and manage shopping center properties located in Texas. 10. Defendant, German News, is a New York corporation with its principal offices located in New York County. The main business of German News is to invest in, hold and manage real estate located in New York and Texas. 11. Defendant, German News Texas, Inc. (“German News Texas”), is a Delaware corporation with its principal offices located in New York County. German News Texas is a wholly owned subsidiary of German News. The main business of German News is to invest in, hold and manage shopping center properties located in Texas. 4 4 of 38 FILED: NEW YORK COUNTY CLERK 01/25/2021 06/06/2022 07:38 11:55 AM PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 86 407 RECEIVED NYSCEF: 01/25/2021 06/06/2022 12. Defendant, 254 – 258 W. 35th St. LLC (“254 West 35th"), is an LLC with its principal offices located in New York County. The main business of 254 West 35th is to invest in, hold and manage real estate located in New York County. 13. Defendant, Billur Akipek (“Akipek”), is a resident of New York County in the State of New York and works out of Bremen’s offices in New York County. She is a Trustee of The Yasemin Tekiner 2011 Descendants Trust and is a director and officer of certain of the Company Defendants. She is sued herein in her capacity as a Trustee of that Trust for having refused to authorize the bringing of claims addressed to the misconduct of the Individual Defendants, as alleged herein. JURISDICTION 14. This Court has jurisdiction over the subject matter of this action because it is a court of general jurisdiction. 15. Pursuant to CPLR 301 and 302, this Court has jurisdiction over Defendants Berrin, Gonca and Akipek given that they are residents of the State of New York, they transact business in the State of New York and/or they committed tortious acts within this State. 16. Pursuant to CPLR 301, 302 and 311, and Section 304 of the Business Corporation Law, this Court has jurisdiction over Defendants Bremen, Bremen Texas, German News, German News Texas and 254 West 35th (collectively the “Company Defendants”) given that certain of them are New York corporations, they each maintain offices within the State of New York, and/or they transact business in the State of New York. 5 5 of 38 FILED: NEW YORK COUNTY CLERK 01/25/2021 06/06/2022