Preview
FILED: NEW YORK COUNTY CLERK 10/03/2022 12:50 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 722 RECEIVED NYSCEF: 10/01/2022
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, 07/11/2022,
MOTION DATE 07/29/2022
-v-
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., MOTION SEQ. NO. 020 026
GERMAN NEWS COMPANY, INC., GERMAN NEWS
TEXAS, INC.,254-258 W. 35TH ST. LLC, BERRIN DECISION + ORDER ON
TEKINER, GONCA TEKINER, BILLUR AKIPEK, ZEYNEP
TEKINER, MOTION
Defendants.
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HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 020) 455, 456, 457, 458,
459, 462
were read on this motion to SEAL .
The following e-filed documents, listed by NYSCEF document number (Motion 026) 523, 524, 525, and
526, 544, 545, 546, 547, 576
were read on this motion to SEAL .
Defendants, Bremen House, Inc., German News Company, Inc., Berrin Tekiner, Gonca
(Tekiner) Chelsea, and Billur Akipek (“Defendants”) moves for an order sealing and/or redacting
certain exhibits (NYSCEF 402, 403, 404, 405, 414, and 415) attached to the Archer Affirmation
and Akipek Affidavit submitted in Support of Defendants’ Motion to Compel1 (Mot. Seq. 020),
and certain exhibits (NYSCEF 523, 524, 525, and 526) attached to the Archer Affirmation
submitted in Further Support of Defendants’ Motion to Compel (Mot. Seq. 026). No parties
oppose these motions. For the following reasons, these motions are granted in part.
1
The Motion is Compel is Mot. Seq. 023.
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 3
Motion No. 020 026
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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]). The fact that the parties have stipulated to sealing
documents, or that they have designated the documents during discovery as “Confidential” or
“Highly Confidential,” does not, by itself, require granting of the motion” (see, e.g., Maxim, 145
AD3d at 518; Gryphon, 28 AD3d at 324).
The Court has reviewed NYSCEF 414 and 415 and finds that they comport with the
applicable sealing standards as laid out in Mosallem, 76 AD3d at 348-50, and its progeny, in that
they contain sensitive business information and/or potentially personal identifying information.
However, the Court finds no basis for sealing NYSCEF 402, 403, 404, or 405, 523, 524,
525, or 526 as there has not been a sufficient showing that these documents contain any sensitive
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 3
Motion No. 020 026
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NYSCEF DOC. NO. 722 RECEIVED NYSCEF: 10/01/2022
information other than phone numbers, which can be redacted. Thus, Defendant is directed to
refile these documents with the phone numbers redacted.
Accordingly, it is:
ORDERED that Mot. Seq. 020 is granted in part; it is further
ORDERED that Mot. Seq. 026 is granted in part; it is further
ORDERED that the Clerk shall maintain NYSCEF Doc. Nos. 402, 403, 404, 405, 414,
415, 523, 524, 525, and 526 under seal, so that the documents may only be accessible by the
parties, their counsel, and authorized court personnel; it is further
ORDERED that Defendants refile NYSCEF Doc. Nos. 402, 403, 404, 405, 523, 524,
525, and 526 with the phone numbers redacted within three (3) business days of the date of this
Order; it is further
ORDERED as it related to future submissions, made by any party, that contain subject
matter that the Court has authorized to be sealed by this Order, parties may file a joint
stipulation, to be So Ordered, which will authorize the filing of such future submissions to be
filed in redacted form on NYSCEF, provided that an unredacted copy of any redacted document
is contemporaneously filed under seal; 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.
10/1/2022
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 3 of 3
Motion No. 020 026
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FILED: NEW YORK COUNTY CLERK 10/03/2022 12:50 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 722 RECEIVED NYSCEF: 10/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M -----------------------------------------------------------------------------------X YASEMIN TEKINER, INDEX NO. 657193/2020 Plaintiff, 07/11/2022, MOTION DATE 07/29/2022 -v- BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., MOTION SEQ. NO. 020 026 GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC.,254-258 W. 35TH ST. LLC, BERRIN DECISION + ORDER ON TEKINER, GONCA TEKINER, BILLUR AKIPEK, ZEYNEP TEKINER, MOTION Defendants. -----------------------------------------------------------------------------------X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 020) 455, 456, 457, 458, 459, 462 were read on this motion to SEAL . The following e-filed documents, listed by NYSCEF document number (Motion 026) 523, 524, 525, and 526, 544, 545, 546, 547, 576 were read on this motion to SEAL . Defendants, Bremen House, Inc., German News Company, Inc., Berrin Tekiner, Gonca (Tekiner) Chelsea, and Billur Akipek (“Defendants”) moves for an order sealing and/or redacting certain exhibits (NYSCEF 402, 403, 404, 405, 414, and 415) attached to the Archer Affirmation and Akipek Affidavit submitted in Support of Defendants’ Motion to Compel1 (Mot. Seq. 020), and certain exhibits (NYSCEF 523, 524, 525, and 526) attached to the Archer Affirmation submitted in Further Support of Defendants’ Motion to Compel (Mot. Seq. 026). No parties oppose these motions. For the following reasons, these motions are granted in part. 1 The Motion is Compel is Mot. Seq. 023. 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 3 Motion No. 020 026 1 of 3 FILED: NEW YORK COUNTY CLERK 10/03/2022 12:50 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 722 RECEIVED NYSCEF: 10/01/2022 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]). The fact that the parties have stipulated to sealing documents, or that they have designated the documents during discovery as “Confidential” or “Highly Confidential,” does not, by itself, require granting of the motion” (see, e.g., Maxim, 145 AD3d at 518; Gryphon, 28 AD3d at 324). The Court has reviewed NYSCEF 414 and 415 and finds that they comport with the applicable sealing standards as laid out in Mosallem, 76 AD3d at 348-50, and its progeny, in that they contain sensitive business information and/or potentially personal identifying information. However, the Court finds no basis for sealing NYSCEF 402, 403, 404, or 405, 523, 524, 525, or 526 as there has not been a sufficient showing that these documents contain any sensitive 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 3 Motion No. 020 026 2 of 3 FILED: NEW YORK COUNTY CLERK 10/03/2022 12:50 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 722 RECEIVED NYSCEF: 10/01/2022 information other than phone numbers, which can be redacted. Thus, Defendant is directed to refile these documents with the phone numbers redacted. Accordingly, it is: ORDERED that Mot. Seq. 020 is granted in part; it is further ORDERED that Mot. Seq. 026 is granted in part; it is further ORDERED that the Clerk shall maintain NYSCEF Doc. Nos. 402, 403, 404, 405, 414, 415, 523, 524, 525, and 526 under seal, so that the documents may only be accessible by the parties, their counsel, and authorized court personnel; it is further ORDERED that Defendants refile NYSCEF Doc. Nos. 402, 403, 404, 405, 523, 524, 525, and 526 with the phone numbers redacted within three (3) business days of the date of this Order; it is further ORDERED as it related to future submissions, made by any party, that contain subject matter that the Court has authorized to be sealed by this Order, parties may file a joint stipulation, to be So Ordered, which will authorize the filing of such future submissions to be filed in redacted form on NYSCEF, provided that an unredacted copy of any redacted document is contemporaneously filed under seal; 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. 10/1/2022 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 3 of 3 Motion No. 020 026 3 of 3