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 07/20/2022 02:31 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YASEMIN TEKINER, Index No. 657193/2020
in her individual capacity, as a beneficiary and a
Trustee of The Yasemin Tekiner 2011 Commercial Division Part 3
Descendants Trust and derivatively as a holder
of equitable interests in a shareholder or a Hon. Joel M. Cohen
member of the Company Defendants
AFFIDAVIT OF BILLUR AKIPEK IN
Plaintiff, SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF
-against- YASEMIN TEKINER’S MOTION TO
HOLD DEFENDANTS IN CIVIL
BREMEN HOUSE INC., BREMEN HOUSE CONTEMPT FOR FAILING TO
TEXAS, INC., GERMAN NEWS COMPLY WITH THIS COURT’S
COMPANY, INC., GERMAN NEWS APRIL 18, 2022 ORDER
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.
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FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
BILLUR AKIPEK, being duly sworn, deposes and says:
1. I am the Vice President and Secretary of Defendant Bremen House, Inc. (“Bremen
House”) and a Director of Defendant German News Company, Inc. (“German News,” and together
with Bremen House, the “Companies”). I submit this affidavit in Opposition to Plaintiff Yasemin
Tekiner’s Motion to Hold Defendants In Civil Contempt for Failing to Comply With This Court’s
April 18, 2022 Order.
2. Plaintiff Yasemin Tekiner (“Yasemin”) was reinstated in her positions as a Director
of Bremen House and Treasurer of German News following this Court’s April 18, 2022 Order.
3. Yasemin’s reinstatement occurred in time for her to be included in the normal April
29, 2022 payroll, and she has received her salary biweekly since that time.
4. Bremen House also retroactively paid her salary so as to be effective for the
April 15, 2022 payroll period.
5. Within weeks of Yasemin’s reinstatement, she and Intervenor-Plaintiff Zeynep
Tekiner began to bombard myself, Berrin Tekiner and Gonca Tekiner Chelsea with
correspondence seeking copious business records.
6. Some of the demands they have made would require Bremen House to enact formal
changes to its longstanding business practices, as the other directors and officers of the company
are familiar with the day-to-day operations of the company due to their physical presence in the
office as employees.
7. Some of the books and records of the company only exist in hard copies or static
copies kept in the New York office.
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FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022
8. Nevertheless, we are committed to provide Yasemin and Zeynep access to all the
books and records of the Company, and are working to make them available as quickly as possible
while minimizing disruption to the normal operation of the business.
9. We are also planning to hold the Special Meeting called for in the May 19 Letter
after Yasemin and Zeynep have had a chance to review the books and records they have demanded.
Defendants will proceed with scheduling and holding the Special Meeting once Yasemin and
Zeynep provide their questions for the meeting and do so sufficiently in advance of the meeting to
enable Defendants to prepare.
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FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022
WHEREFORE, I
respectfully request that Plaintiff's Motion be denied in its
entirety
and that the Court award such other and further relief to Defendants as may be just and proper.
Billur Akipek
Sworn to and subscribed before me
this 1 day of July 2022
Notary Public
PETER MERTZ
Notary Public - State of New York
No. 02ME5046271
Qualified in New York
County
My Commission Expires July 10, 2023
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FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022
Certification Required by Rule 17 of the
Rules of the Commercial Division of the Supreme Court
I am the attorney who is filing this document. I hereby certify that this document, exclusive
of the caption, table of contents, table of authorities, and signature block contains 396 words as
counted by the word-processing system used to prepare the document.
/s/ Meghan E. Hill
Meghan E. Hill
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Preview
FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YASEMIN TEKINER, Index No. 657193/2020 in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Commercial Division Part 3 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a Hon. Joel M. Cohen member of the Company Defendants AFFIDAVIT OF BILLUR AKIPEK IN Plaintiff, SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF -against- YASEMIN TEKINER’S MOTION TO HOLD DEFENDANTS IN CIVIL BREMEN HOUSE INC., BREMEN HOUSE CONTEMPT FOR FAILING TO TEXAS, INC., GERMAN NEWS COMPLY WITH THIS COURT’S COMPANY, INC., GERMAN NEWS APRIL 18, 2022 ORDER 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 5 FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) BILLUR AKIPEK, being duly sworn, deposes and says: 1. I am the Vice President and Secretary of Defendant Bremen House, Inc. (“Bremen House”) and a Director of Defendant German News Company, Inc. (“German News,” and together with Bremen House, the “Companies”). I submit this affidavit in Opposition to Plaintiff Yasemin Tekiner’s Motion to Hold Defendants In Civil Contempt for Failing to Comply With This Court’s April 18, 2022 Order. 2. Plaintiff Yasemin Tekiner (“Yasemin”) was reinstated in her positions as a Director of Bremen House and Treasurer of German News following this Court’s April 18, 2022 Order. 3. Yasemin’s reinstatement occurred in time for her to be included in the normal April 29, 2022 payroll, and she has received her salary biweekly since that time. 4. Bremen House also retroactively paid her salary so as to be effective for the April 15, 2022 payroll period. 5. Within weeks of Yasemin’s reinstatement, she and Intervenor-Plaintiff Zeynep Tekiner began to bombard myself, Berrin Tekiner and Gonca Tekiner Chelsea with correspondence seeking copious business records. 6. Some of the demands they have made would require Bremen House to enact formal changes to its longstanding business practices, as the other directors and officers of the company are familiar with the day-to-day operations of the company due to their physical presence in the office as employees. 7. Some of the books and records of the company only exist in hard copies or static copies kept in the New York office. 2 2 of 5 FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022 8. Nevertheless, we are committed to provide Yasemin and Zeynep access to all the books and records of the Company, and are working to make them available as quickly as possible while minimizing disruption to the normal operation of the business. 9. We are also planning to hold the Special Meeting called for in the May 19 Letter after Yasemin and Zeynep have had a chance to review the books and records they have demanded. Defendants will proceed with scheduling and holding the Special Meeting once Yasemin and Zeynep provide their questions for the meeting and do so sufficiently in advance of the meeting to enable Defendants to prepare. 3 3 of 5 FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022 WHEREFORE, I respectfully request that Plaintiff's Motion be denied in its entirety and that the Court award such other and further relief to Defendants as may be just and proper. Billur Akipek Sworn to and subscribed before me this 1 day of July 2022 Notary Public PETER MERTZ Notary Public - State of New York No. 02ME5046271 Qualified in New York County My Commission Expires July 10, 2023 4 4 of 5 FILED: NEW YORK COUNTY CLERK 07/20/2022 02:31 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 654 RECEIVED NYSCEF: 07/20/2022 Certification Required by Rule 17 of the Rules of the Commercial Division of the Supreme Court I am the attorney who is filing this document. I hereby certify that this document, exclusive of the caption, table of contents, table of authorities, and signature block contains 396 words as counted by the word-processing system used to prepare the document. /s/ Meghan E. Hill Meghan E. Hill 5 5 of 5