On December 21, 2020 a
Motion-Secondary
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 07/11/2022 09:24 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 07/11/2022
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,
Mot. Seq. No. 29
-against-
BREMEN HOUSE INC., BREMEN HOUSE AFFIRMATION OF
TEXAS, INC., GERMAN NEWS COMPANY, STEPHEN P. YOUNGER
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.
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
1 of 3
FILED: NEW YORK COUNTY CLERK 07/11/2022 09:24 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 07/11/2022
STEPHEN P. YOUNGER, Esq., an attorney duly admitted to practice before the Courts
of the State of New York, affirms under the penalty of perjury, pursuant to CPLR § 2106:
1. I am a member of the law firm Foley Hoag LLP, co-counsel for plaintiff Yasemin
Tekiner (“Yasemin”) in the above-captioned matter. I submit this affirmation in opposition to the
Defendants’ motion for order to show cause for (1) temporary restraining order, (2) preliminary
injunction, and (3) modification of existing preliminary injunction. (NYSCEF Doc. 601.).
2. I am fully familiar with the facts and circumstances of this action, as set forth
herein, by virtue of my personal involvement as counsel and a review of the case files.
3. Upon learning that Victoria Corder, one of the litigation counsel for the Defendants
in this case, was attending and participating in a special meeting of the Board of Directors of
Bremen House, Inc. on June 15, 2022, I immediately attempted to dial into the meeting using the
number provided by Defendants’ counsel. Despite Defendants’ counsel’s own participation in the
Board meeting, I was denied entry into that meeting.
4. I thereafter protested to defense counsel that they had had an ex parte meeting with
my client without prior notice to me or my consent.
WHEREFORE, Yasemin respectfully requests that the Court enter an Order denying
Defendants’ motion.
Dated: New York, New York
July 11, 2022
Stephen P. Younger
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2 of 3
FILED: NEW YORK COUNTY CLERK 07/11/2022 09:24 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 07/11/2022
CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17
I hereby certify that the foregoing Affirmation complies with Rule 17 of subdivision (g) of
section 202.70 of the Uniform Rules for the Supreme Court and County Court (Rules of Practice
for the Commercial Division of the Supreme Court), and has less than 7,000 words.
Dated: New York, New York
July 11, 2022
Stephen P. Younger
3
3 of 3
Preview
FILED: NEW YORK COUNTY CLERK 07/11/2022 09:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 07/11/2022 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, Mot. Seq. No. 29 -against- BREMEN HOUSE INC., BREMEN HOUSE AFFIRMATION OF TEXAS, INC., GERMAN NEWS COMPANY, STEPHEN P. YOUNGER 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. 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 1 of 3 FILED: NEW YORK COUNTY CLERK 07/11/2022 09:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 07/11/2022 STEPHEN P. YOUNGER, Esq., an attorney duly admitted to practice before the Courts of the State of New York, affirms under the penalty of perjury, pursuant to CPLR § 2106: 1. I am a member of the law firm Foley Hoag LLP, co-counsel for plaintiff Yasemin Tekiner (“Yasemin”) in the above-captioned matter. I submit this affirmation in opposition to the Defendants’ motion for order to show cause for (1) temporary restraining order, (2) preliminary injunction, and (3) modification of existing preliminary injunction. (NYSCEF Doc. 601.). 2. I am fully familiar with the facts and circumstances of this action, as set forth herein, by virtue of my personal involvement as counsel and a review of the case files. 3. Upon learning that Victoria Corder, one of the litigation counsel for the Defendants in this case, was attending and participating in a special meeting of the Board of Directors of Bremen House, Inc. on June 15, 2022, I immediately attempted to dial into the meeting using the number provided by Defendants’ counsel. Despite Defendants’ counsel’s own participation in the Board meeting, I was denied entry into that meeting. 4. I thereafter protested to defense counsel that they had had an ex parte meeting with my client without prior notice to me or my consent. WHEREFORE, Yasemin respectfully requests that the Court enter an Order denying Defendants’ motion. Dated: New York, New York July 11, 2022 Stephen P. Younger 2 2 of 3 FILED: NEW YORK COUNTY CLERK 07/11/2022 09:24 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 638 RECEIVED NYSCEF: 07/11/2022 CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17 I hereby certify that the foregoing Affirmation complies with Rule 17 of subdivision (g) of section 202.70 of the Uniform Rules for the Supreme Court and County Court (Rules of Practice for the Commercial Division of the Supreme Court), and has less than 7,000 words. Dated: New York, New York July 11, 2022 Stephen P. Younger 3 3 of 3