Preview
FILED: NEW YORK COUNTY CLERK 08/18/2022 09:02 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 683 RECEIVED NYSCEF: 08/18/2022
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 Commercial Division Part 3
Trustee of The Yasemin Tekiner 2011 Descendants
Trust and derivatively as a holder of equitable Hon. Joel M. Cohen
interests in a shareholder or a member of the
Company Defendants Mot. Seq. No. 22
Plaintiff, NOTICE OF ENTRY
-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.
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 of 4
FILED: NEW YORK COUNTY CLERK 08/18/2022 09:02 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 683 RECEIVED NYSCEF: 08/18/2022
PLEASE TAKE NOTICE, that the within is a true and correct copy of the Decision and
Order of the Supreme Court of the State of New York, New York County (Cohen J.S.C.), dated
August 17, 2022 and duly entered in the office of the Clerk of the within named court on August
17, 2022.
Dated: New York, New York PRYOR CASHMAN LLP
August 18, 2022
By: _______________________________
Todd E. Soloway
Meghan E. Hill
7 Times Square
New York, New York 10036-6569
Tel: (212) 421-4100
Fax: (212) 326-0806
Attorneys for Defendants
TO: Stephen P. Younger, Esq.
Foley Hoag LLP
1301 Ave. of the Americas
25th Fl.
New York, NY 10019
Scott Parker, Esq.
Sanjay Ibrahim, Esq.
Parker Ibrahim & Berg LLP
5 Penn Plaza, Ste. 2371
New York, NY 10001
Michele Kahn
Kahn & Goldberg LLP
555 Fifth Ave.
11th Fl.
New York, NY 10017
2
2 of 4
FILED: NEW YORK COUNTY CLERK 08/17/2022
08/18/2022 03:31
09:02 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 680
683 RECEIVED NYSCEF: 08/17/2022
08/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M
-----------------------------------------------------------------------------------X
YASEMIN TEKINER, INDEX NO. 657193/2020
Plaintiff,
MOTION DATE N/A
-v-
MOTION SEQ. NO. 022
BREMEN HOUSE INC.,BREMEN HOUSE TEXAS,
INC.,GERMAN NEWS COMPANY, INC.,GERMAN NEWS
TEXAS, INC.,254-258 W. 35TH ST. LLC,BERRIN DECISION + ORDER ON
TEKINER, GONCA TEKINER, BILLUR AKIPEK, ZEYNEP MOTION
TEKINER,
Defendants.
-----------------------------------------------------------------------------------X
HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 022) 376, 377, 378, 379,
380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 476, 477, 478, 479, 480, 481, 482, 483,
484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503,
504, 505, 506, 507, 508, 509, 510, 511, 512, 518, 519, 520, 528, 529, 530, 531, 532, 533, 534, 535,
536, 537, 538, 539, 540, 541, 542, 543, 549, 550, 551, 552, 553
were read on this motion to COMPEL DISCOVERY .
Upon the foregoing documents, and for the reasons stated on the record following oral
argument on August 15, 2022, it is
ORDERED that Plaintiff Yasemin Tekiner’s motion to compel is granted in part to the
extent that Defendants’ categorical assertion of privilege with respect to corporate business-
related documents is overly broad, and Defendants’ refusal to produce any and all documents
and testimony relating to certain defendant’s medical condition, history, and records is overly
broad; it is further
ORDERED that the parties meet and confer to narrow the categories of documents in
dispute, taking into account the Court’s guidance, and that the parties carefully and narrowly
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 2
Motion No. 022
1
3 of 2
4
FILED: NEW YORK COUNTY CLERK 08/17/2022
08/18/2022 03:31
09:02 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 680
683 RECEIVED NYSCEF: 08/17/2022
08/18/2022
tailor their proposed discovery relating medical information to that which is necessary and
appropriate to prosecute and defend the claims at issue in this litigation; it is further
ORDERED that Defendants’ cross-motion for a protective order is granted in part, in
accordance with the foregoing instructions; and it is further
ORDERED that the parties work with the Clerk’s office to amend the caption (on
NYSCEF and elsewhere) to reflect the presence of the intervenor-Plaintiff.
This constitutes the Decision and Order of the Court.
8/17/2022
DATE JOEL M. COHEN, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED X 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 2 of 2
Motion No. 022
2
4 of 2
4
Preview
FILED: NEW YORK COUNTY CLERK 08/18/2022 09:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 683 RECEIVED NYSCEF: 08/18/2022 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 Commercial Division Part 3 Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable Hon. Joel M. Cohen interests in a shareholder or a member of the Company Defendants Mot. Seq. No. 22 Plaintiff, NOTICE OF ENTRY -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. 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 of 4 FILED: NEW YORK COUNTY CLERK 08/18/2022 09:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 683 RECEIVED NYSCEF: 08/18/2022 PLEASE TAKE NOTICE, that the within is a true and correct copy of the Decision and Order of the Supreme Court of the State of New York, New York County (Cohen J.S.C.), dated August 17, 2022 and duly entered in the office of the Clerk of the within named court on August 17, 2022. Dated: New York, New York PRYOR CASHMAN LLP August 18, 2022 By: _______________________________ Todd E. Soloway Meghan E. Hill 7 Times Square New York, New York 10036-6569 Tel: (212) 421-4100 Fax: (212) 326-0806 Attorneys for Defendants TO: Stephen P. Younger, Esq. Foley Hoag LLP 1301 Ave. of the Americas 25th Fl. New York, NY 10019 Scott Parker, Esq. Sanjay Ibrahim, Esq. Parker Ibrahim & Berg LLP 5 Penn Plaza, Ste. 2371 New York, NY 10001 Michele Kahn Kahn & Goldberg LLP 555 Fifth Ave. 11th Fl. New York, NY 10017 2 2 of 4 FILED: NEW YORK COUNTY CLERK 08/17/2022 08/18/2022 03:31 09:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 680 683 RECEIVED NYSCEF: 08/17/2022 08/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M -----------------------------------------------------------------------------------X YASEMIN TEKINER, INDEX NO. 657193/2020 Plaintiff, MOTION DATE N/A -v- MOTION SEQ. NO. 022 BREMEN HOUSE INC.,BREMEN HOUSE TEXAS, INC.,GERMAN NEWS COMPANY, INC.,GERMAN NEWS TEXAS, INC.,254-258 W. 35TH ST. LLC,BERRIN DECISION + ORDER ON TEKINER, GONCA TEKINER, BILLUR AKIPEK, ZEYNEP MOTION TEKINER, Defendants. -----------------------------------------------------------------------------------X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 022) 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 518, 519, 520, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 549, 550, 551, 552, 553 were read on this motion to COMPEL DISCOVERY . Upon the foregoing documents, and for the reasons stated on the record following oral argument on August 15, 2022, it is ORDERED that Plaintiff Yasemin Tekiner’s motion to compel is granted in part to the extent that Defendants’ categorical assertion of privilege with respect to corporate business- related documents is overly broad, and Defendants’ refusal to produce any and all documents and testimony relating to certain defendant’s medical condition, history, and records is overly broad; it is further ORDERED that the parties meet and confer to narrow the categories of documents in dispute, taking into account the Court’s guidance, and that the parties carefully and narrowly 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 2 Motion No. 022 1 3 of 2 4 FILED: NEW YORK COUNTY CLERK 08/17/2022 08/18/2022 03:31 09:02 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 680 683 RECEIVED NYSCEF: 08/17/2022 08/18/2022 tailor their proposed discovery relating medical information to that which is necessary and appropriate to prosecute and defend the claims at issue in this litigation; it is further ORDERED that Defendants’ cross-motion for a protective order is granted in part, in accordance with the foregoing instructions; and it is further ORDERED that the parties work with the Clerk’s office to amend the caption (on NYSCEF and elsewhere) to reflect the presence of the intervenor-Plaintiff. This constitutes the Decision and Order of the Court. 8/17/2022 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED X 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 2 of 2 Motion No. 022 2 4 of 2 4