On December 21, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Yasemin Tekiner,
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,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 425 RECEIVED NYSCEF: 06/07/2022
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 425 RECEIVED NYSCEF: 06/07/2022
1
1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK : CIVIL TERM : PART 3
2 ------------------------------------------X
YASEMIN TEKINER,
3 In her individual capacity, as a beneficiary and a trustee of
The Yasemin Tekiner 2011 Descendants Trust and derivatively as
4 a holder of equitable interests in a shareholder or a member of
the Company Defendants,
5
Plaintiff,
6 INDEX NO:
-against- 657193/2020
7
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY,
8 INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN
TEKINER, GONCA CHELSEA, and BILLUR AKIPEK, in her capacity as a
9 Trustee of The Yasemin Tekiner 2011 Descendants Trust,
10 Defendants.
------------------------------------------X
11 New York Supreme Courthouse
60 Centre Street
12 New York, New York 10007
April 13, 2022
13 B E F O R E:
14 THE HONORABLE JOEL COHEN,
J U S T I C E
15 A P P E A R A N C E S:
16 FOLEY HOAG, LLP
Attorney for the Plaintiff
17 1301 Avenue of the Americas, Floor 25
New York, New York 10019
18 BY: STEPHEN YOUNGER, ESQ.
19
PARKER IBRAHIM & BERG
20 Attorney for the Plaintiffs
BY: SANJAY IBRAHIM, ESQ.
21 SCOTT PARKER, ESQ.
22 NORTON ROSS FULBRIGHT
Attorney for the Defendants
23 1301 Avenue of the Americas
New York, New York 10019
24 BY: JUDITH ARCHER, ESQ.
SEAN TOPPING, ESQ.
25 Karen Mangano, CSR
Senior Court Reporter
KM
FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 425 RECEIVED NYSCEF: 06/07/2022
37
Proceedings
1 decedents. Descendents.
2 THE COURT: So strictly speaking, the trustees
3 should only be looking out for their interests and yet once
4 -- imagine yourself as a lawyer for these trusts. Right.
5 How could you simultaneously serve as a lawyer for these
6 trusts when they are in such dramatic opposition to each
7 other right now?
8 MS. ARCHER: You know, I guess I would ask your
9 Honor if each of the sisters only had the ability to do
10 something with the trust, then how do they not just acting
11 in their own self-interest? How does Yasemin suddenly not
12 say I'm going to do whatever I want regardless of how it
13 impacts the companies?
14 THE COURT: Well, no. No. There could be a reason
15 to have another independent trustee in each of these because
16 there was a reason for a trust committee to be set up, but
17 it doesn't A, have to be the exact same person for all of
18 them, and it may -- there may come a time when the facts
19 show that there is an unavoidable conflict with somebody
20 having these simultaneous roles also being beholden for her
21 salary and job by Berrin. It's a complicated situation that
22 was created and everybody knew about it, but now we are at a
23 point where everybody's got weapons out. And can you be a
24 trustee at this point for all of those entities? It's a
25 difficult question. I think -- you know, it must be
KM
Document Filed Date
June 07, 2022
Case Filing Date
December 21, 2020
Category
Commercial Division
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Preview
FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 425 RECEIVED NYSCEF: 06/07/2022 EXHIBIT B FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 425 RECEIVED NYSCEF: 06/07/2022 1 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK : CIVIL TERM : PART 3 2 ------------------------------------------X YASEMIN TEKINER, 3 In her individual capacity, as a beneficiary and a trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as 4 a holder of equitable interests in a shareholder or a member of the Company Defendants, 5 Plaintiff, 6 INDEX NO: -against- 657193/2020 7 BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, 8 INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA CHELSEA, and BILLUR AKIPEK, in her capacity as a 9 Trustee of The Yasemin Tekiner 2011 Descendants Trust, 10 Defendants. ------------------------------------------X 11 New York Supreme Courthouse 60 Centre Street 12 New York, New York 10007 April 13, 2022 13 B E F O R E: 14 THE HONORABLE JOEL COHEN, J U S T I C E 15 A P P E A R A N C E S: 16 FOLEY HOAG, LLP Attorney for the Plaintiff 17 1301 Avenue of the Americas, Floor 25 New York, New York 10019 18 BY: STEPHEN YOUNGER, ESQ. 19 PARKER IBRAHIM & BERG 20 Attorney for the Plaintiffs BY: SANJAY IBRAHIM, ESQ. 21 SCOTT PARKER, ESQ. 22 NORTON ROSS FULBRIGHT Attorney for the Defendants 23 1301 Avenue of the Americas New York, New York 10019 24 BY: JUDITH ARCHER, ESQ. SEAN TOPPING, ESQ. 25 Karen Mangano, CSR Senior Court Reporter KM FILED: NEW YORK COUNTY CLERK 06/07/2022 02:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 425 RECEIVED NYSCEF: 06/07/2022 37 Proceedings 1 decedents. Descendents. 2 THE COURT: So strictly speaking, the trustees 3 should only be looking out for their interests and yet once 4 -- imagine yourself as a lawyer for these trusts. Right. 5 How could you simultaneously serve as a lawyer for these 6 trusts when they are in such dramatic opposition to each 7 other right now? 8 MS. ARCHER: You know, I guess I would ask your 9 Honor if each of the sisters only had the ability to do 10 something with the trust, then how do they not just acting 11 in their own self-interest? How does Yasemin suddenly not 12 say I'm going to do whatever I want regardless of how it 13 impacts the companies? 14 THE COURT: Well, no. No. There could be a reason 15 to have another independent trustee in each of these because 16 there was a reason for a trust committee to be set up, but 17 it doesn't A, have to be the exact same person for all of 18 them, and it may -- there may come a time when the facts 19 show that there is an unavoidable conflict with somebody 20 having these simultaneous roles also being beholden for her 21 salary and job by Berrin. It's a complicated situation that 22 was created and everybody knew about it, but now we are at a 23 point where everybody's got weapons out. And can you be a 24 trustee at this point for all of those entities? It's a 25 difficult question. I think -- you know, it must be KM