Preview
FILED: NEW YORK COUNTY CLERK 10/19/2022 10:13 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 780 RECEIVED NYSCEF: 10/18/2022
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,
MOTION DATE N/A
-v-
MOTION SEQ. NO. 030
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.
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HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 030) 583, 584, 586, 594,
595, 596, 597, 598, 599, 614, 615, 616, 617
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 583, 584, 586, 594, 595, 596, 597, 598, and 599) attached to the
Archer Affirmation, and the Berrin Affidavit and exhibits attached thereto submitted in Support
of Defendants’ Order to Show Cause (Mot. Seq. 029). No parties oppose these motions. For the
following reasons, Defendants’ motion is granted in part.
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]).
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 3
Motion No. 030
1 of 3
FILED: NEW YORK COUNTY CLERK 10/19/2022 10:13 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 780 RECEIVED NYSCEF: 10/18/2022
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 Court has reviewed NYSCEF 583, 584, 586, 594, 595, 596, 597, 598, and 599 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 non-public business information.
Accordingly, it is:
ORDERED that Mot. Seq. 030 is granted; it is further
ORDERED that the Clerk shall maintain NYSCEF Doc. Nos. 583, 584, 586, 594, 595,
596, 597, 598, and 599 under seal, so that the documents may only be accessible by the parties,
their counsel, and authorized court personnel; 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
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 3
Motion No. 030
2 of 3
FILED: NEW YORK COUNTY CLERK 10/19/2022 10:13 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 780 RECEIVED NYSCEF: 10/18/2022
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.
10/18/2022
DATE JOEL M. COHEN, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
X GRANTED 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 3 of 3
Motion No. 030
3 of 3
Preview
FILED: NEW YORK COUNTY CLERK 10/19/2022 10:13 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 780 RECEIVED NYSCEF: 10/18/2022 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. 030 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 030) 583, 584, 586, 594, 595, 596, 597, 598, 599, 614, 615, 616, 617 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 583, 584, 586, 594, 595, 596, 597, 598, and 599) attached to the Archer Affirmation, and the Berrin Affidavit and exhibits attached thereto submitted in Support of Defendants’ Order to Show Cause (Mot. Seq. 029). No parties oppose these motions. For the following reasons, Defendants’ motion is granted in part. 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]). 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 3 Motion No. 030 1 of 3 FILED: NEW YORK COUNTY CLERK 10/19/2022 10:13 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 780 RECEIVED NYSCEF: 10/18/2022 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 Court has reviewed NYSCEF 583, 584, 586, 594, 595, 596, 597, 598, and 599 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 non-public business information. Accordingly, it is: ORDERED that Mot. Seq. 030 is granted; it is further ORDERED that the Clerk shall maintain NYSCEF Doc. Nos. 583, 584, 586, 594, 595, 596, 597, 598, and 599 under seal, so that the documents may only be accessible by the parties, their counsel, and authorized court personnel; 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 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 3 Motion No. 030 2 of 3 FILED: NEW YORK COUNTY CLERK 10/19/2022 10:13 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 780 RECEIVED NYSCEF: 10/18/2022 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. 10/18/2022 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION X GRANTED 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 3 of 3 Motion No. 030 3 of 3