On December 21, 2020 a
Motion,Ex Parte
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 06/29/2022 05:31 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 06/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERICAL DIVISION: NEW YORK COUNTY
YASEMIN TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Yasemin Tekiner Index No.: 657193/2020
2011 Descendants Trust and derivatively as
a holder of equitable interests in a Commercial Division Part 3
shareholder or a member of the Company
Hon. Joel M. Cohen
Defendants,
Motion Sequence No. __
Plaintiff,
-against-
NOTICE OF MOTION OF
BREMEN HOUSE INC., GERMAN NEWS PLAINTIFF ZEYNEP
COMPANY, INC., BERRIN TEKINER, GONCA TEKINER TO REMOVE
TEKINER, and BILLUR AKIPEK, in her capacity BILLUR AKIPEK AS TRUST
as a Trustee of The Yasemin Tekiner 2011 COMMITTEE MEMBER OF
Descendants Trust, THE ZEYNEP TEKINER 2011
DESCENDANTS TRUST AND
Defendants. TO APPOINT AN
INDEPENDENT TRUST
COMMITTEE MEMBER
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., GERMAN NEWS
COMPANY, INC., BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Zeynep Tekiner 2011
Descendants Trust,
Defendants.
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FILED: NEW YORK COUNTY CLERK 06/29/2022 05:31 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 06/29/2022
C O U N S E L:
PLEASE TAKE NOTICE THAT, upon:
(i) the Affirmation of Michele Kahn in Support of Zeynep Tekiner’s (“Plaintiff”)
Motion to Remove Billur Akipek as a Member of the Trust Committee for the Zeynep Tekiner
2011 Descendants Trust (“Zeynep Trust”) and to Appoint an Independent Trust Committee
Member for the Zeynep Trust, dated June 29, 2022;
(ii) (a) the Affirmation of Stephen P. Younger dated June 7, 2022 in support of the
Motion of Yasemin Tekiner to Remove Billur Akipek as a Member of the Trust Committee for
the Yasemin Tekiner 2011 Descendants Trust (“Yasemin Trust”) and to Appoint an
Independent Trust Committee Member for the Yasemin Trust, with accompanying exhibits,
(b) the Affidavit of Yasemin Tekiner, dated June 6, 2022 in support of the motion
of Yasemin Tekiner to Remove Billur Akipek as a Member of the Trust Committee for the
Yasemin Trust and to Appoint an Independent Trust Committee Member for the Yasemin Trust,
with accompanying exhibits,
(c) the Memorandum of Law submitted in support of the motion of Yasemin
Tekiner to Remove Billur Akipek as a Member of the Trust Committee for the Yasemin Trust
and to Appoint an Independent Trust Committee Member for the Yasemin Trust, and
(d) all affirmations, affidavits, and exhibits submitted or to be submitted by
Yasemin Tekiner in reply and in further support of the motion of Yasemin Tekiner to Remove
Billur Akipek as a Member of the Trust Committee for the Yasemin Trust and to Appoint an
Independent Trust Committee Member for the Yasemin Trust; and
(iii) all of the pleadings and proceedings had herein,
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FILED: NEW YORK COUNTY CLERK 06/29/2022 05:31 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 06/29/2022
Plaintiff shall move this Court, at the motion Submission Part, at the Courthouse
located at 60 Centre Street, Room 130, New York, New York 10007 on July 18, 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 Zeynep Tekiner 2011 Descendants Trust; (ii) appointing an independent
Trust Committee member for the Zeynep Tekiner 2011 Descendants Trust; and (iii) granting
plaintiff Zeynep Tekiner such other and further relief as their 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).
Dated: New York, New York
June 29, 2022
KAHN & GOLDBERG, LLP
_________________________________
Michele Kahn, Esq.
555 Fifth Avenue, 14th Floor
New York, New York 10017
(212) 687-5066
mk@kahngoldberg.com
Attorneys for Plaintiff Zeynep Tekiner
To: NORTON ROSE FULBRIGHT US LLP PARKER IBRAHIM & BERG LLP
Judith A. Archer Sanjay P. Ibrahim
Victoria Corder
Scott W. Parker
Sean Topping
1301 Avenue of the Americas Daniel A. Schleifstein
New York, New York 10019 5 Penn Plaza, Suite 2371
(212) 318-3000 New York, New York 10001
judith.archer@nortonrosefulbright.com (212) 596-7037
victoria.corder@nortonrosefulbright.com sanjay.ibrahim@piblaw.com
sean.topping@nortonrosefulbright.com scott.parker@piblaw.com
Attorneys for Defendants daniel.schleifstein@piblaw.com
Co-Counsel for Plaintiff Yasemin Tekiner
FOLEY HOAG LLP
Stephen P. Younger, Esq.
1301 Avenue of the Americas
New York, New York 10019
(212) 812-0365
spyounger@foleyhoag.com
Co-Counsel for Plaintiff Yasemin Tekiner Tekiner/NOM – Removal of Billur
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Preview
FILED: NEW YORK COUNTY CLERK 06/29/2022 05:31 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 06/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERICAL DIVISION: NEW YORK COUNTY YASEMIN TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner Index No.: 657193/2020 2011 Descendants Trust and derivatively as a holder of equitable interests in a Commercial Division Part 3 shareholder or a member of the Company Hon. Joel M. Cohen Defendants, Motion Sequence No. __ Plaintiff, -against- NOTICE OF MOTION OF BREMEN HOUSE INC., GERMAN NEWS PLAINTIFF ZEYNEP COMPANY, INC., BERRIN TEKINER, GONCA TEKINER TO REMOVE TEKINER, and BILLUR AKIPEK, in her capacity BILLUR AKIPEK AS TRUST as a Trustee of The Yasemin Tekiner 2011 COMMITTEE MEMBER OF Descendants Trust, THE ZEYNEP TEKINER 2011 DESCENDANTS TRUST AND Defendants. TO APPOINT AN INDEPENDENT TRUST COMMITTEE MEMBER 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., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Zeynep Tekiner 2011 Descendants Trust, Defendants. 1 of 3 FILED: NEW YORK COUNTY CLERK 06/29/2022 05:31 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 06/29/2022 C O U N S E L: PLEASE TAKE NOTICE THAT, upon: (i) the Affirmation of Michele Kahn in Support of Zeynep Tekiner’s (“Plaintiff”) Motion to Remove Billur Akipek as a Member of the Trust Committee for the Zeynep Tekiner 2011 Descendants Trust (“Zeynep Trust”) and to Appoint an Independent Trust Committee Member for the Zeynep Trust, dated June 29, 2022; (ii) (a) the Affirmation of Stephen P. Younger dated June 7, 2022 in support of the Motion of Yasemin Tekiner to Remove Billur Akipek as a Member of the Trust Committee for the Yasemin Tekiner 2011 Descendants Trust (“Yasemin Trust”) and to Appoint an Independent Trust Committee Member for the Yasemin Trust, with accompanying exhibits, (b) the Affidavit of Yasemin Tekiner, dated June 6, 2022 in support of the motion of Yasemin Tekiner to Remove Billur Akipek as a Member of the Trust Committee for the Yasemin Trust and to Appoint an Independent Trust Committee Member for the Yasemin Trust, with accompanying exhibits, (c) the Memorandum of Law submitted in support of the motion of Yasemin Tekiner to Remove Billur Akipek as a Member of the Trust Committee for the Yasemin Trust and to Appoint an Independent Trust Committee Member for the Yasemin Trust, and (d) all affirmations, affidavits, and exhibits submitted or to be submitted by Yasemin Tekiner in reply and in further support of the motion of Yasemin Tekiner to Remove Billur Akipek as a Member of the Trust Committee for the Yasemin Trust and to Appoint an Independent Trust Committee Member for the Yasemin Trust; and (iii) all of the pleadings and proceedings had herein, 2 of 3 FILED: NEW YORK COUNTY CLERK 06/29/2022 05:31 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 602 RECEIVED NYSCEF: 06/29/2022 Plaintiff shall move this Court, at the motion Submission Part, at the Courthouse located at 60 Centre Street, Room 130, New York, New York 10007 on July 18, 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 Zeynep Tekiner 2011 Descendants Trust; (ii) appointing an independent Trust Committee member for the Zeynep Tekiner 2011 Descendants Trust; and (iii) granting plaintiff Zeynep Tekiner such other and further relief as their 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). Dated: New York, New York June 29, 2022 KAHN & GOLDBERG, LLP _________________________________ Michele Kahn, Esq. 555 Fifth Avenue, 14th Floor New York, New York 10017 (212) 687-5066 mk@kahngoldberg.com Attorneys for Plaintiff Zeynep Tekiner To: NORTON ROSE FULBRIGHT US LLP PARKER IBRAHIM & BERG LLP Judith A. Archer Sanjay P. Ibrahim Victoria Corder Scott W. Parker Sean Topping 1301 Avenue of the Americas Daniel A. Schleifstein New York, New York 10019 5 Penn Plaza, Suite 2371 (212) 318-3000 New York, New York 10001 judith.archer@nortonrosefulbright.com (212) 596-7037 victoria.corder@nortonrosefulbright.com sanjay.ibrahim@piblaw.com sean.topping@nortonrosefulbright.com scott.parker@piblaw.com Attorneys for Defendants daniel.schleifstein@piblaw.com Co-Counsel for Plaintiff Yasemin Tekiner FOLEY HOAG LLP Stephen P. Younger, Esq. 1301 Avenue of the Americas New York, New York 10019 (212) 812-0365 spyounger@foleyhoag.com Co-Counsel for Plaintiff Yasemin Tekiner Tekiner/NOM – Removal of Billur 3 of 3