Preview
FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 06/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Yasemin Tekiner
2011 Descendants Trust and derivatively as Index No. 657193/2020
a holder of equitable interests in a
shareholder or a member of the Company Commercial Division Part 3
Defendants,
Hon. Joel M. Cohen
Plaintiff,
Motion Seq. No. 21
-against-
NOTICE OF MOTION OF PLAINTIFF
BREMEN HOUSE INC., BREMEN HOUSE YASEMIN TEKINER TO REMOVE
TEXAS, INC., GERMAN NEWS COMPANY, BILLUR AKIPEK AS TRUST
INC., GERMAN NEWS TEXAS, INC., 254-258 COMMITTEE MEMBER AND TO
W. 35TH ST. LLC, BERRIN TEKINER, GONCA APPOINT AN INDEPENDENT TRUST
TEKINER, and BILLUR AKIPEK, in her capacity COMMITTEE MEMBER
as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
Defendants.
ZEYNEP TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Zeynep Tekiner 2011
Descendants Trust and derivatively as a
holder of equitable interests in a
shareholder or a member of the Company
Defendants,
Intervenor-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.
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FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 06/07/2022
PLEASE TAKE NOTICE THAT, upon the: (i) Affirmation of Stephen P. Younger,
Esq. in Support of plaintiff Yasemin Tekiner’s (“Plaintiff”) Motion to Remove Billur Akipek
(“Billur”) as a Member of the Trust Committee for the Yasemin Tekiner 2011 Descendants Trust
(the “Trust”) and to appoint an independent replacement member, dated June 7, 2022, with
accompanying exhibits; (ii) Affidavit of Yasemin Tekiner, dated June 6, 2022, with
accompanying exhibits; (iii) Memorandum of Law; and (iv) all of the pleadings and proceedings
had herein, Plaintiff shall move before the Motion Submission Part, at the Courthouse located at
60 Centre Street, Room 130, New York, New York 10007 on June 23, 2022 at 9:30 a.m., or as
soon thereafter as counsel can be heard for an order: (i) removing Billur Akipek from Trust
Committee for the Yasemin Tekiner 2011 Descendants Trust; (ii) appoint an independent Trust
Committee member; and (iii) granting such other and further relief as this Court may deem just
and proper.
PLEASE TAKE FURTHER NOTICE THAT, responses, if any, must be served at
least seven (7) days before the return date of this motion, pursuant to CPLR 2214(b).
[signature page to follow]
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FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 06/07/2022
Dated: New York, New York
June 7, 2022
PARKER IBRAHIM & BERG LLP
Co-Counsel for Plaintiff,
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
/s/ Scott W. Parker
Sanjay P. Ibrahim, Esq.
Scott W. Parker. Esq.
Daniel A. Schleifstein, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Telephone: (212) 596-7037
E-mail: sanjay.ibrahim@piblaw.com
scott.parker@piblaw.com
daniel.schleifstein@piblaw.com
Please reply to Somerset address:
270 Davidson Avenue, 5th Floor
Somerset, New Jersey 08873
Telephone: (908) 725-9700
To: Norton Rose Fulbright US LLP
Judith A. Archer, Esq.
1301 Avenue of the Americas
New York, New York 10019
Attorneys for Defendants,
Bremen House Inc., Bremen House Texas, Inc., German News Company, Inc., German
th
News Texas, Inc., 254 – 258 W. 35 St. LLC, Berrin Tekiner, Gonca Tekiner, and Billur
Akipek, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust
Foley Hoag LLP
Stephen P. Younger, Esq.
1301 Avenue of the Americas
New York, New York 10019
Co-Counsel for Plaintiff,
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
3
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FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 06/07/2022
Kahn & Goldberg, LLP
Michele Khan, Esq.
555 Fifth Avenue, 14th Floor
New York, NY 10017
Counsel for Intervenor-Plaintiff,
Zeynep Tekiner, in her individual capacity, as a beneficiary and a Trustee of The Zeynep
Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a
shareholder or a member of the Company Defendants
4
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Preview
FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 06/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as Index No. 657193/2020 a holder of equitable interests in a shareholder or a member of the Company Commercial Division Part 3 Defendants, Hon. Joel M. Cohen Plaintiff, Motion Seq. No. 21 -against- NOTICE OF MOTION OF PLAINTIFF BREMEN HOUSE INC., BREMEN HOUSE YASEMIN TEKINER TO REMOVE TEXAS, INC., GERMAN NEWS COMPANY, BILLUR AKIPEK AS TRUST INC., GERMAN NEWS TEXAS, INC., 254-258 COMMITTEE MEMBER AND TO W. 35TH ST. LLC, BERRIN TEKINER, GONCA APPOINT AN INDEPENDENT TRUST TEKINER, and BILLUR AKIPEK, in her capacity COMMITTEE MEMBER as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. ZEYNEP TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Zeynep Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants, Intervenor-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. 1 Index No.: 657193/2020 1 of 4 FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 06/07/2022 PLEASE TAKE NOTICE THAT, upon the: (i) Affirmation of Stephen P. Younger, Esq. in Support of plaintiff Yasemin Tekiner’s (“Plaintiff”) Motion to Remove Billur Akipek (“Billur”) as a Member of the Trust Committee for the Yasemin Tekiner 2011 Descendants Trust (the “Trust”) and to appoint an independent replacement member, dated June 7, 2022, with accompanying exhibits; (ii) Affidavit of Yasemin Tekiner, dated June 6, 2022, with accompanying exhibits; (iii) Memorandum of Law; and (iv) all of the pleadings and proceedings had herein, Plaintiff shall move before the Motion Submission Part, at the Courthouse located at 60 Centre Street, Room 130, New York, New York 10007 on June 23, 2022 at 9:30 a.m., or as soon thereafter as counsel can be heard for an order: (i) removing Billur Akipek from Trust Committee for the Yasemin Tekiner 2011 Descendants Trust; (ii) appoint an independent Trust Committee member; and (iii) granting such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE THAT, responses, if any, must be served at least seven (7) days before the return date of this motion, pursuant to CPLR 2214(b). [signature page to follow] 2 Index No.: 657193/2020 2 of 4 FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 06/07/2022 Dated: New York, New York June 7, 2022 PARKER IBRAHIM & BERG LLP Co-Counsel for Plaintiff, 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 /s/ Scott W. Parker Sanjay P. Ibrahim, Esq. Scott W. Parker. Esq. Daniel A. Schleifstein, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Telephone: (212) 596-7037 E-mail: sanjay.ibrahim@piblaw.com scott.parker@piblaw.com daniel.schleifstein@piblaw.com Please reply to Somerset address: 270 Davidson Avenue, 5th Floor Somerset, New Jersey 08873 Telephone: (908) 725-9700 To: Norton Rose Fulbright US LLP Judith A. Archer, Esq. 1301 Avenue of the Americas New York, New York 10019 Attorneys for Defendants, Bremen House Inc., Bremen House Texas, Inc., German News Company, Inc., German th News Texas, Inc., 254 – 258 W. 35 St. LLC, Berrin Tekiner, Gonca Tekiner, and Billur Akipek, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust Foley Hoag LLP Stephen P. Younger, Esq. 1301 Avenue of the Americas New York, New York 10019 Co-Counsel for Plaintiff, 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 3 Index No.: 657193/2020 3 of 4 FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 421 RECEIVED NYSCEF: 06/07/2022 Kahn & Goldberg, LLP Michele Khan, Esq. 555 Fifth Avenue, 14th Floor New York, NY 10017 Counsel for Intervenor-Plaintiff, Zeynep Tekiner, in her individual capacity, as a beneficiary and a Trustee of The Zeynep Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants 4 Index No.: 657193/2020 4 of 4