Preview
FILED: NEW YORK COUNTY CLERK 07/08/2022 12:54 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 631 RECEIVED NYSCEF: 07/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M
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YASEMIN TEKINER, INDEX NO. 657193/2020
Plaintiff, 05/02/2022,
05/05/2022,
-v- MOTION DATE 05/23/2022
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC.,
GERMAN NEWS COMPANY, INC., GERMAN NEWS MOTION SEQ. NO. 013 015 017
TEXAS, INC.,254-258 W. 35TH ST. LLC, BERRIN
TEKINER, GONCA TEKINER, BILLUR AKIPEK, ZEYNEP DECISION + ORDER ON
TEKINER,
MOTION
Defendants.
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HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 013) 262, 263, 343
were read on this motion to SEAL .
The following e-filed documents, listed by NYSCEF document number (Motion 015) 310, 311, 312, 341
were read on this motion to SEAL .
The following e-filed documents, listed by NYSCEF document number (Motion 017) 360, 361, 362, 364
were read on this motion to SEAL .
These motions seek to seal and/or redact certain documents filed in connection with the
motion of Defendants Bremen House, Inc., German News Company, Inc., Berrin Tekiner, Gonca
(Tekiner) Chelsea, and Billur Akipek (“Defendants”) to Claw Back Privileged Information (Mot.
Seq. 012).
In Motion Sequence 013, Intervenor-Plaintiff Zeynep Tekiner (“Zeynep”) moves for an
order sealing and/or redacting certain portions of the March 31, 2022 letter of Michele Kahn and
the March 31, 2022 Affidavit of Zeynep Tekiner and the exhibits attached thereto (NYSCEF
253, 254, 255, 256, and 258). In Motion Sequence 015, Zeynep additionally seeks to seal and/or
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 4
Motion No. 013 015 017
1 of 4
FILED: NEW YORK COUNTY CLERK 07/08/2022 12:54 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 631 RECEIVED NYSCEF: 07/08/2022
redact NYSCEF Nos. 306, 307, 308, and 309, and in Motion Sequence 017, Zeynep seeks to seal
and/or redact NYSCEF Nos. 346, 347, 348, 349, 350 351, and 352. No parties oppose these
motions. For the following reasons, these motions are denied.
Pursuant to § 216.1 (a) of the Uniform Rules for Trial Courts, this Court may seal a filing
“upon a written finding of good cause, which shall specify the grounds thereof. In determining
whether good cause has been shown, the court shall consider the interests of the public as well as
of the parties” (22 NYCRR § 216.1 [a]).
The Appellate Division has emphasized that “there is a broad presumption that the public
is entitled to access to judicial proceedings and court records” (Mosallem v Berenson, 76 AD3d
345, 348 [1st Dept 2010]). “Since the right [of public access to court proceedings] is of
constitutional dimension, any order denying access must be narrowly tailored to serve
compelling objectives, such as a need for secrecy that outweighs the public’s right to
access” (Danco Labs., Ltd. v Chemical Works of Gedeon Richter, Ltd., 274 AD2d 1, 6 [1st Dept
2000] [emphasis added]; see also, e.g. Gryphon Dom. VI, LLC v APP Intern. Fin. Co., B.V., 28
AD3d 322, 324 [1st Dept 2006]). “Furthermore, because confidentiality is the exception and not
the rule, ‘the party seeking to seal court records has the burden to demonstrate compelling
circumstances to justify restricting public access’” (Maxim, Inc. v Feifer, 145 AD3d 516, 517
[1st Dept 2016] [citations omitted]).
In this case, this Court heard and decided Mot. Seq. 012 on April 18, 2022 and held that
Zeynep could not waive the company’s attorney-client privilege, but she could waive her own
attorney-client privilege with Norton Rose when she was seeking personal legal advice, and the
Court outlined a process for identifying such privileged information (see NYSCEF 370
[“Transcript of April 18, 2022 Hearing”]). Defendants will need to propose and justify
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 4
Motion No. 013 015 017
2 of 4
FILED: NEW YORK COUNTY CLERK 07/08/2022 12:54 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 631 RECEIVED NYSCEF: 07/08/2022
targeted redactions of the documents at issue that satisfy the requirements of 22 NYCRR § 216
(a) and this Court’s April 18, 2022 Order.
The documents will remain provisionally under seal to permit the prompt filing of
a single follow-up motion by Defendants explaining why the documents at issue in all three
motions are subject to attorney-client privilege and proposing specific redactions for those
documents.
Accordingly, it is:
ORDERED that Mot. Seq. 013, 015, and 017 are denied without prejudice to filing a
new motion within 21 days to redact confidential portions of documents consistent with this
Decision and Order and applicable law; it is further
ORDERED that the documents filed as NYSCEF 253, 254, 255, 256, 258, 306, 307,
308, 309, 346, 347, 348, 349, 350, 351, and 352, shall remain provisionally sealed for 21 days
from the date of the Court’s entry of this Decision and Order on NYSCEF. If Defendants file
a new motion to seal or redact confidential portions of the documents consistent with this
Decision and Order within that period, the documents shall remain provisionally sealed pending
resolution of that motion. If no such motion is filed within 21 days from the entry of this
Decision and Order, the Court will direct the Clerk to immediately unseal the above listed
documents; and it is further
ORDERED that nothing in this Order shall be construed as authorizing the sealing or
redaction of any documents or evidence to be offered at trial.
This constitutes the Decision and Order of the Court.
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 3 of 4
Motion No. 013 015 017
3 of 4
FILED: NEW YORK COUNTY CLERK 07/08/2022 12:54 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 631 RECEIVED NYSCEF: 07/08/2022
7/8/2022
DATE JOEL M. COHEN, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED X DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 4 of 4
Motion No. 013 015 017
4 of 4
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FILED: NEW YORK COUNTY CLERK 07/08/2022 12:54 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 631 RECEIVED NYSCEF: 07/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M -----------------------------------------------------------------------------------X YASEMIN TEKINER, INDEX NO. 657193/2020 Plaintiff, 05/02/2022, 05/05/2022, -v- MOTION DATE 05/23/2022 BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS MOTION SEQ. NO. 013 015 017 TEXAS, INC.,254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, BILLUR AKIPEK, ZEYNEP DECISION + ORDER ON TEKINER, MOTION Defendants. -----------------------------------------------------------------------------------X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 013) 262, 263, 343 were read on this motion to SEAL . The following e-filed documents, listed by NYSCEF document number (Motion 015) 310, 311, 312, 341 were read on this motion to SEAL . The following e-filed documents, listed by NYSCEF document number (Motion 017) 360, 361, 362, 364 were read on this motion to SEAL . These motions seek to seal and/or redact certain documents filed in connection with the motion of Defendants Bremen House, Inc., German News Company, Inc., Berrin Tekiner, Gonca (Tekiner) Chelsea, and Billur Akipek (“Defendants”) to Claw Back Privileged Information (Mot. Seq. 012). In Motion Sequence 013, Intervenor-Plaintiff Zeynep Tekiner (“Zeynep”) moves for an order sealing and/or redacting certain portions of the March 31, 2022 letter of Michele Kahn and the March 31, 2022 Affidavit of Zeynep Tekiner and the exhibits attached thereto (NYSCEF 253, 254, 255, 256, and 258). In Motion Sequence 015, Zeynep additionally seeks to seal and/or 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 4 Motion No. 013 015 017 1 of 4 FILED: NEW YORK COUNTY CLERK 07/08/2022 12:54 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 631 RECEIVED NYSCEF: 07/08/2022 redact NYSCEF Nos. 306, 307, 308, and 309, and in Motion Sequence 017, Zeynep seeks to seal and/or redact NYSCEF Nos. 346, 347, 348, 349, 350 351, and 352. No parties oppose these motions. For the following reasons, these motions are denied. Pursuant to § 216.1 (a) of the Uniform Rules for Trial Courts, this Court may seal a filing “upon a written finding of good cause, which shall specify the grounds thereof. In determining whether good cause has been shown, the court shall consider the interests of the public as well as of the parties” (22 NYCRR § 216.1 [a]). The Appellate Division has emphasized that “there is a broad presumption that the public is entitled to access to judicial proceedings and court records” (Mosallem v Berenson, 76 AD3d 345, 348 [1st Dept 2010]). “Since the right [of public access to court proceedings] is of constitutional dimension, any order denying access must be narrowly tailored to serve compelling objectives, such as a need for secrecy that outweighs the public’s right to access” (Danco Labs., Ltd. v Chemical Works of Gedeon Richter, Ltd., 274 AD2d 1, 6 [1st Dept 2000] [emphasis added]; see also, e.g. Gryphon Dom. VI, LLC v APP Intern. Fin. Co., B.V., 28 AD3d 322, 324 [1st Dept 2006]). “Furthermore, because confidentiality is the exception and not the rule, ‘the party seeking to seal court records has the burden to demonstrate compelling circumstances to justify restricting public access’” (Maxim, Inc. v Feifer, 145 AD3d 516, 517 [1st Dept 2016] [citations omitted]). In this case, this Court heard and decided Mot. Seq. 012 on April 18, 2022 and held that Zeynep could not waive the company’s attorney-client privilege, but she could waive her own attorney-client privilege with Norton Rose when she was seeking personal legal advice, and the Court outlined a process for identifying such privileged information (see NYSCEF 370 [“Transcript of April 18, 2022 Hearing”]). Defendants will need to propose and justify 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 4 Motion No. 013 015 017 2 of 4 FILED: NEW YORK COUNTY CLERK 07/08/2022 12:54 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 631 RECEIVED NYSCEF: 07/08/2022 targeted redactions of the documents at issue that satisfy the requirements of 22 NYCRR § 216 (a) and this Court’s April 18, 2022 Order. The documents will remain provisionally under seal to permit the prompt filing of a single follow-up motion by Defendants explaining why the documents at issue in all three motions are subject to attorney-client privilege and proposing specific redactions for those documents. Accordingly, it is: ORDERED that Mot. Seq. 013, 015, and 017 are denied without prejudice to filing a new motion within 21 days to redact confidential portions of documents consistent with this Decision and Order and applicable law; it is further ORDERED that the documents filed as NYSCEF 253, 254, 255, 256, 258, 306, 307, 308, 309, 346, 347, 348, 349, 350, 351, and 352, shall remain provisionally sealed for 21 days from the date of the Court’s entry of this Decision and Order on NYSCEF. If Defendants file a new motion to seal or redact confidential portions of the documents consistent with this Decision and Order within that period, the documents shall remain provisionally sealed pending resolution of that motion. If no such motion is filed within 21 days from the entry of this Decision and Order, the Court will direct the Clerk to immediately unseal the above listed documents; and it is further ORDERED that nothing in this Order shall be construed as authorizing the sealing or redaction of any documents or evidence to be offered at trial. This constitutes the Decision and Order of the Court. 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 3 of 4 Motion No. 013 015 017 3 of 4 FILED: NEW YORK COUNTY CLERK 07/08/2022 12:54 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 631 RECEIVED NYSCEF: 07/08/2022 7/8/2022 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED X DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 4 of 4 Motion No. 013 015 017 4 of 4