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FILED: NEW YORK COUNTY CLERK 10/19/2022 12:10 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 790 RECEIVED NYSCEF: 10/19/2022
EXHIBIT H
FILED: NEW YORK COUNTY CLERK 10/19/2022 12:10 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 790 RECEIVED NYSCEF: 10/19/2022
Writer’s Direct Contact:
908.333.6220 (Tel.)
PARKER IBRAHIM & BERG LLP 212.596.7036 (Fax)
scott.parker@piblaw.com
www.piblaw.com
August 18, 2022
VIA FEDEX AND E-MAIL
Paul Schwartzman
315 East 65th Street, Apt. 7J
New York, New York 10021
paulhowar@aol.com
Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al.
Index No.: 657193/2020
Dear Mr. Schwartzman:
This firm represents plaintiff Yasemin Tekiner (“Yasemin”) as co-counsel in the above-
referenced action.
As you will recall, Yasemin issued Subpoenas Duces Tecum and Ad Testificandum to you
on June 25, 2021, and to Raish, LLC (“Raish”) on March 17, 2021. Although you were previously
served with these subpoenas, we have also enclosed copies herewith for your convenience. Both
you and Raish are required by the subpoenas to produce certain documents in the above-referenced
case.
Per the attached court Order, if you have any responsive corporate documents in your
possession that belong to the Defendants, you are required to first provide such documents to
Defendants’ counsel (i.e., Meghan Hill at Pryor Cashman, who is copied on this letter below –
please note that Norton Rose is no longer representing the Defendants). Please provide copies of
such documents to counsel for the Defendants (but not to us) for counsel’s review by no later than
August 31, 2022. Please simultaneously notify us that you have done so.
If you have any responsive documents in your possession that do not belong to the
Defendants, please provide copies of those documents directly to us by no later than August 31,
2022.
As you can see, both you and Raish are required by the subpoenas to appear and give
deposition testimony in the above-referenced case. Would you please provide us with dates in
September 2022 that you are available to be deposed?
New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037
New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700
BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA
FILED: NEW YORK COUNTY CLERK 10/19/2022 12:10 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 790 RECEIVED NYSCEF: 10/19/2022
Should you have any questions, please feel free to contact me at the above listed telephone
number.
Very truly yours,
/s/ Scott W. Parker
Scott W. Parker
Enclosures
cc: Meghan E. Hill, Esq. (via FedEx and e-mail: mhill@pryorcashman.com)
Pryor Cashman LLP
7 Times Square
New York, NY 10036-6569
Counsel for Defendants
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SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
Index No. 657193/2020
In her individual capacity, as a
beneficiary and a Trustee of The
Yasemin Tekiner 2011 Descendants
Trust and derivatively as a holder of SUBPOENA DUCES TECUM
equitable interests in a shareholder or a AND AD TESTIFICANDUM
member of the Company Defendants,
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.
To: Paul Schwartzman
315 East 65th Street, Apt. 7J
New York, NY 10021
WE HEREBY COMMAND YOU that, all business and excuses being laid aside,
all business and excuses being laid aside, to produce at Mandel Bhandari, LLP, c/o
Donald Conklin, 80 Pine Street, 33rd Floor, New York, NY 10005, on or before July 26,
2021, the documents requested on Schedule A annexed hereto.
WE ALSO COMMAND YOU to appear and testify before a Notary Public or
other person so qualified to act, at a remote deposition to be conducted by
videoconference or other remote means on July 27, 2021, at 10 a.m., concerning the
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subject matter set forth in Schedule B. The deposition will continue day to day until
complete and will be recorded by stenographic means and videotaped.
PLEASE TAKE NOTICE that failure to comply with this subpoena may be
punishable as a contempt of court and may make you liable to the person on whose behalf
this subpoena was issued. Pursuant to CPLR 3101(a)(4), your testimony is required in
order to establish certain facts in the above-captioned case relating, inter alia, to the value
of the properties owned by Bremen House, Inc., Bremen House Texas, Inc., German
News Company, Inc., German News Texas, Inc., and/or 254 – 258 W. 35th St. LLC (the
“Corporate Defendants”), the management of properties owned by the Corporate
Defendants, profits and losses of the Corporate Defendants, and compensation of the
Corporate Defendants’ directors, officers and employees.
PLEASE TAKE FURTHER NOTICE that this examination shall be recorded by
stenographic means and videotaped, pursuant to CPLR 3113 and 22 N.Y.C.R.R. §
202.15. In accordance with 22 N.Y.C.R.R. § 202.15, please be advised that the videotape
operator will be an employee or agent of Mandel Bhandari LLP.
Should you have any questions, please contact me at the below email address.
DATED: New York, New York
June 24, 2021
By:
____________________________
Donald Conklin
Mandel Bhandari LLP
80 Pine Street, 33rd Floor
New York, NY 10005
(212) 269-5600
(646) 964-6667 (fax)
dc@mandelbhandari.com
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SCHEDULE A
DEFINITIONS
1. The term “Companies” shall refer to Defendants Bremen House, Inc., Bremen
House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th
St. LLC, together with all of their officers, directors, employees, independent contractors, agents,
partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any
persons acting or purporting to act on their behalf.
2. The term “Defendants” shall refer to Defendants 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, together with all of their officers,
directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries,
affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their
behalf.
3. The term “Yasemin” shall refer to Plaintiff Yasemin Tekiner, including partners,
employees, agents, attorneys, and any persons acting or purporting to act on her behalf.
4. The term “Trust” shall refer to The Yasemin Tekiner 2011 Descendants Trust.
5. The term “communication” means the transmittal of information (in the form of
facts, ideas, inquiries, or otherwise), and may be written or oral.
6. The term “concerning” means relating to, referring to, reflecting, mentioning,
describing, evidencing, consisting of (in whole or in part), constituting (in whole or in part), or
containing (in whole or in part).
7. The term “document” shall be construed in its broadest sense and includes the
original and each non-identical copy and any draft of any written, typed, printed, recorded, or
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graphical matter, however recorded, stored, produced, or reproduced, or any tangible thing that
in whole or in part illustrates or conveys information, including but not limited to, papers, letters,
notes, books, notebooks, diaries, journals, correspondence, interoffice and intraoffice
communications, memoranda, opinions, reports, evaluations, recommendations, reviews,
analyses, minutes, entries in personal diaries or other record books, summaries, notes, or minutes
of meetings or conversations or communications of any type or description (including, without
limitation, telephone conversations, personal conversations or interviews, meetings, conferences,
negotiations, and investigations), cablegrams, mailgrams, telegrams, facsimiles, electronic mail,
email, telexes, marginal comments or annotations appearing in any document, calendars,
appointment books, pamphlets, books, manuals, directives, bulletins, instructions, agreements,
contracts and other legal documents, news releases, advertisements, ledgers, statistics, surveys,
checks, financial statements, invoices, receipts, work sheets, bills, preliminary drafts and
working papers, drawings, sketches, charts, graphs, plans, specifications, photographs,
phonographs, films, tapes, information recorded on microfilm or microfiche, data and
information on computer-stored or computer-readable media whether tape, disk, diskette, RAM,
or other medium of storage, including but not limited to computer files and electronic mail, and
all other writings, recordings, and data compilations of every description, however denominated,
translated, or described from which information can be obtained or translated, if necessary,
through detective devices into reasonably usable form.
For purpose of the foregoing definition, the term “draft” means any earlier, preliminary,
preparatory, or tentative version of all or part of a document, whether or not such draft was
superseded by a later draft, and whether or not the terms of the draft are the same as or different
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from the terms of the final document. The term “copy” means all versions of a document that is
not in every respect identical to the documents being produced.
INSTRUCTIONS FOR DOCUMENT REQUESTS
1. Unless otherwise specified, the production of documents called for in these
requests covers the period 2011 to the present. Notwithstanding, to the extent any document
created before that date pertains to the subject matter of the requested, it should be produced in
response to these requests.
2. Documents should be produced in their entirety without abbreviation or
expurgation.
3. If you object to any Request in whole or in part on the basis of any claimed
privilege, provide the following information for each communication or information of which
you claim a privilege:
a. The type of communication or information (e.g. meeting,
phone call, letter, data);
b. The date of the communication or information;
c. The identity of the author of any written communication, the
speaker of any oral communication, or the source of any
information;
d. The identity of all persons who received or had access to any
written communication or information and all persons
present during oral communication;
e. The subject matter of the communications or information;
f. The location of any information, written communications
and recordings of any oral communications; and
g. The factual and legal basis on which you claim privilege.
8. In the event that any matter called for in a request has been destroyed, that item
should be identified as follows: sender, recipient, each recipient copied or blind copied; date,
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subject matter, number of pages, attachments or appendixes; all persons to whom distributed,
shown or explained; date of destruction, manner of destruction, reason for destruction, person
authorizing destruction and person destroying the document(s).
9. These requests are continuing, and require further and supplemental production if
the recipient receives or generates additional matter between the time of original production and
the time of trial.
10. If any matter covered by a request is no longer in your possession, custody or
control, describe the matter in detail and identify the present custodian.
11. Each page of a produced document shall have a legible, unique page identifier
(“Bates Number”) on the face of the image in a location that does not obliterate, conceal or
interfere with any information from the source document.
12. Electronic records and computerized information must be produced with all metadata
preserved and intact.
REQUESTS FOR DOCUMENTS
1. All documents and correspondence related to the sale or contemplated sale of
properties owned by the Companies, including but not limited to, any final or draft contracts,
correspondence related to negotiations with the prospective buyers, the status of any down
payments for the sales, how the sales prices were set, the status of any pre-closing conditions and
the status of any closings.
2. All documents concerning any offers for or due diligence conducted by potential
buyers of those properties.
3. All documents and communications relating to any mortgages on any of the
properties owned by the Companies, including the balances owed on such mortgages, and any
applications or commitments for any further loans, refinancings or mortgages.
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4. All documents and communications relating to profit and loss statements of the
Companies.
5. All documents and communications relating to the compensation of the
Companies’ directors, officers and employees, including but not limited to salaries, bonuses,
expense reimbursements, commissions, consulting fees, pension plan contributions, profit-
sharing, use of the Companies’ credit cards, personal services, housing expenses, loans
guaranteed by the Companies, interest, dividends and/or gifts.
6. All documents and communications relating to payments or other financial
benefits made by the Companies to any of their shareholders, including but not limited to
salaries, bonuses, expense reimbursements, commissions, consulting fees, pension plan
contributions, profit-sharing, use of the Companies’ credit cards, personal services, housing
expenses, loans guaranteed by the Companies, interest, dividends and/or gifts.
7. All documents and communications relating to any analyses by real estate
advisors concerning any properties owned by the Companies.
8. All documents and communications relating to any appraisals of any properties
owned by the Companies.
9. All documents related to the Companies’ expenses.
10. A listing of all assets of the Companies.
11. All documents and communications concerning any lease or other contract
between any of the Companies and any relative, friend, employee, or independent contractor of
an employee, officer, or director of any of the Companies.
12. All documents and communications concerning any transaction between any of
the Companies and any employee, officer, or director of any of the Companies.
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13. All documents concerning the Companies’ solicitation or receipt of offers to
purchase any of the Companies’ assets.
14. All documents or communications concerning the re-investment, including
through what is known as a 1031 exchange, of the sales proceeds from the sale of certain
Manhattan real estate to Extell.
15. All documents including all communications concerning any request by any
director or shareholder of the Companies to inspect the Companies’ books and records, including
but not limited to correspondence between Yasemin and the Companies.
16. All documents and communications regarding any consideration given by any of
the Defendants to dividing up the assets of the Companies among their shareholders, including
but not limited to the tax implications of doing so.
17. All documents concerning any leases or other arrangements Billur Akipek or any
member of her family has in connection with arrangements to live in or stay at any properties
owned by the Companies.
18. All documents concerning the purchase by the Companies or Berrin Tekiner of a
home in the South of France and any subsequent sale thereof.
19. All documents concerning the purchase by the Companies, Gonca Tekiner or
Berrin Tekiner of any apartments located at 30 East 85th Street and any subsequent sales thereof.
20. All documents concerning the purchase by the Companies or Berrin Tekiner of a
home in the Hamptons area of Long Island and any subsequent sale thereof.
21. All documents concerning the purchase by the Companies or Gonca Tekiner of a
home in Bronxville, New York, including but limited to any mortgages or other financing taken
out by the Companies to pay for that purchase.
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22. All documents concerning the Companies’ payment or reimbursement of
expenses of any of the Individual Defendants, including but not limited to: telephone bills;
landscaping bills; housekeeping bills; wages or expenses of a driver or housekeeper; travel
expenses; and pet food.
23. All documents concerning any leases or other arrangements made to permit any
friends, relatives or staff of the Defendants to reside or stay in any of the properties owned by the
Defendants.
24. All documents concerning the Companies’ sale of a property located on Second
Avenue in Midtown Manhattan during 2006 through 2007 and Yasemin’s role in that transaction.
25. All documents concerning the Companies’ purchase of a property located on the
Bowery in Manhattan and Yasemin’s role in that transaction.
26. All documents concerning the Companies’ consideration of purchasing properties
in Florida.
27. All documents concerning any complaints or concerns Yasemin raised about the
Companies’ operations, management or finances.
28. All documents and communications concerning the Companies’ compliance with
New York State and City laws and regulations.
29. All documents concerning any complaints or concerns any of the Companies’
outside professionals or employees raised about the Companies’ operations, management or
finances.
30. All documents concerning any training the Companies accounting and financial
staff have had in accounting or financial management.
31. All documents concerning the Companies’ acquisition of properties in Texas.
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32. All documents concerning or reflecting the financial performance of the
Companies’ properties in Texas.
33. Any documents or communications concerning the possible loss of any of the
Companies’ Texas properties and the Companies’ need to buy those properties back at auction.
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SCHEDULE B
DEPOSITION TOPICS
1. Your work relating to Bremen House, Inc., Bremen House Texas, Inc., German
News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC (“Companies”),
Berrin Tekiner, Gonca Tekiner, and/or Billur Akipek (together with Companies, “Defendants”).
2. The value of properties owned by the Companies.
3. Appraisals of any properties owned by the Companies.
4. Assets of the Companies.
5. Purchases of properties by the Companies.
6. The sale or contemplated sale of properties owned by the Companies.
7. The Companies’ solicitation or receipt of offers to purchase any of the
Companies’ assets.
8. Mortgages on any of the properties owned by the Companies.
9. Distributions of revenue and/or profits relating to the Companies.
10. Expenses of the Companies.
11. Analyses of any properties owned by the Companies by real estate advisors.
12. Contracts between the Companies and any relative, friend, employee, or
independent contractor of an employee, officer, or director of any of the Companies, including
the individual Defendants.
13. Requests by any director or shareholder of the Companies to inspect the
Companies’ books and records.
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14. Any consideration given by any of the Defendants to dividing up the assets of the
Companies among their shareholders, including but not limited to the tax implications of doing
so.
15. The Companies’ compliance with New York State and City laws and regulations.
16. The Companies’ management of properties owned by them.
17. The Companies’ record-keeping processes and procedures.
18. The Companies’ operations, management and finances.
19. Berrin Tekiner’s role at the Companies.
20. Gonca Tekiner’s role at the Companies.
21.
Preview
FILED: NEW YORK COUNTY CLERK 10/19/2022 12:10 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 790 RECEIVED NYSCEF: 10/19/2022 EXHIBIT H FILED: NEW YORK COUNTY CLERK 10/19/2022 12:10 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 790 RECEIVED NYSCEF: 10/19/2022 Writer’s Direct Contact: 908.333.6220 (Tel.) PARKER IBRAHIM & BERG LLP 212.596.7036 (Fax) scott.parker@piblaw.com www.piblaw.com August 18, 2022 VIA FEDEX AND E-MAIL Paul Schwartzman 315 East 65th Street, Apt. 7J New York, New York 10021 paulhowar@aol.com Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al. Index No.: 657193/2020 Dear Mr. Schwartzman: This firm represents plaintiff Yasemin Tekiner (“Yasemin”) as co-counsel in the above- referenced action. As you will recall, Yasemin issued Subpoenas Duces Tecum and Ad Testificandum to you on June 25, 2021, and to Raish, LLC (“Raish”) on March 17, 2021. Although you were previously served with these subpoenas, we have also enclosed copies herewith for your convenience. Both you and Raish are required by the subpoenas to produce certain documents in the above-referenced case. Per the attached court Order, if you have any responsive corporate documents in your possession that belong to the Defendants, you are required to first provide such documents to Defendants’ counsel (i.e., Meghan Hill at Pryor Cashman, who is copied on this letter below – please note that Norton Rose is no longer representing the Defendants). Please provide copies of such documents to counsel for the Defendants (but not to us) for counsel’s review by no later than August 31, 2022. Please simultaneously notify us that you have done so. If you have any responsive documents in your possession that do not belong to the Defendants, please provide copies of those documents directly to us by no later than August 31, 2022. As you can see, both you and Raish are required by the subpoenas to appear and give deposition testimony in the above-referenced case. Would you please provide us with dates in September 2022 that you are available to be deposed? New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037 New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700 BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA FILED: NEW YORK COUNTY CLERK 10/19/2022 12:10 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 790 RECEIVED NYSCEF: 10/19/2022 Should you have any questions, please feel free to contact me at the above listed telephone number. Very truly yours, /s/ Scott W. Parker Scott W. Parker Enclosures cc: Meghan E. Hill, Esq. (via FedEx and e-mail: mhill@pryorcashman.com) Pryor Cashman LLP 7 Times Square New York, NY 10036-6569 Counsel for Defendants 2 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, Index No. 657193/2020 In her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of SUBPOENA DUCES TECUM equitable interests in a shareholder or a AND AD TESTIFICANDUM member of the Company Defendants, 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. To: Paul Schwartzman 315 East 65th Street, Apt. 7J New York, NY 10021 WE HEREBY COMMAND YOU that, all business and excuses being laid aside, all business and excuses being laid aside, to produce at Mandel Bhandari, LLP, c/o Donald Conklin, 80 Pine Street, 33rd Floor, New York, NY 10005, on or before July 26, 2021, the documents requested on Schedule A annexed hereto. WE ALSO COMMAND YOU to appear and testify before a Notary Public or other person so qualified to act, at a remote deposition to be conducted by videoconference or other remote means on July 27, 2021, at 10 a.m., concerning the 1 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 subject matter set forth in Schedule B. The deposition will continue day to day until complete and will be recorded by stenographic means and videotaped. PLEASE TAKE NOTICE that failure to comply with this subpoena may be punishable as a contempt of court and may make you liable to the person on whose behalf this subpoena was issued. Pursuant to CPLR 3101(a)(4), your testimony is required in order to establish certain facts in the above-captioned case relating, inter alia, to the value of the properties owned by Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., and/or 254 – 258 W. 35th St. LLC (the “Corporate Defendants”), the management of properties owned by the Corporate Defendants, profits and losses of the Corporate Defendants, and compensation of the Corporate Defendants’ directors, officers and employees. PLEASE TAKE FURTHER NOTICE that this examination shall be recorded by stenographic means and videotaped, pursuant to CPLR 3113 and 22 N.Y.C.R.R. § 202.15. In accordance with 22 N.Y.C.R.R. § 202.15, please be advised that the videotape operator will be an employee or agent of Mandel Bhandari LLP. Should you have any questions, please contact me at the below email address. DATED: New York, New York June 24, 2021 By: ____________________________ Donald Conklin Mandel Bhandari LLP 80 Pine Street, 33rd Floor New York, NY 10005 (212) 269-5600 (646) 964-6667 (fax) dc@mandelbhandari.com 2 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 SCHEDULE A DEFINITIONS 1. The term “Companies” shall refer to Defendants Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC, together with all of their officers, directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their behalf. 2. The term “Defendants” shall refer to Defendants 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, together with all of their officers, directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their behalf. 3. The term “Yasemin” shall refer to Plaintiff Yasemin Tekiner, including partners, employees, agents, attorneys, and any persons acting or purporting to act on her behalf. 4. The term “Trust” shall refer to The Yasemin Tekiner 2011 Descendants Trust. 5. The term “communication” means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise), and may be written or oral. 6. The term “concerning” means relating to, referring to, reflecting, mentioning, describing, evidencing, consisting of (in whole or in part), constituting (in whole or in part), or containing (in whole or in part). 7. The term “document” shall be construed in its broadest sense and includes the original and each non-identical copy and any draft of any written, typed, printed, recorded, or 1 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 graphical matter, however recorded, stored, produced, or reproduced, or any tangible thing that in whole or in part illustrates or conveys information, including but not limited to, papers, letters, notes, books, notebooks, diaries, journals, correspondence, interoffice and intraoffice communications, memoranda, opinions, reports, evaluations, recommendations, reviews, analyses, minutes, entries in personal diaries or other record books, summaries, notes, or minutes of meetings or conversations or communications of any type or description (including, without limitation, telephone conversations, personal conversations or interviews, meetings, conferences, negotiations, and investigations), cablegrams, mailgrams, telegrams, facsimiles, electronic mail, email, telexes, marginal comments or annotations appearing in any document, calendars, appointment books, pamphlets, books, manuals, directives, bulletins, instructions, agreements, contracts and other legal documents, news releases, advertisements, ledgers, statistics, surveys, checks, financial statements, invoices, receipts, work sheets, bills, preliminary drafts and working papers, drawings, sketches, charts, graphs, plans, specifications, photographs, phonographs, films, tapes, information recorded on microfilm or microfiche, data and information on computer-stored or computer-readable media whether tape, disk, diskette, RAM, or other medium of storage, including but not limited to computer files and electronic mail, and all other writings, recordings, and data compilations of every description, however denominated, translated, or described from which information can be obtained or translated, if necessary, through detective devices into reasonably usable form. For purpose of the foregoing definition, the term “draft” means any earlier, preliminary, preparatory, or tentative version of all or part of a document, whether or not such draft was superseded by a later draft, and whether or not the terms of the draft are the same as or different 2 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 from the terms of the final document. The term “copy” means all versions of a document that is not in every respect identical to the documents being produced. INSTRUCTIONS FOR DOCUMENT REQUESTS 1. Unless otherwise specified, the production of documents called for in these requests covers the period 2011 to the present. Notwithstanding, to the extent any document created before that date pertains to the subject matter of the requested, it should be produced in response to these requests. 2. Documents should be produced in their entirety without abbreviation or expurgation. 3. If you object to any Request in whole or in part on the basis of any claimed privilege, provide the following information for each communication or information of which you claim a privilege: a. The type of communication or information (e.g. meeting, phone call, letter, data); b. The date of the communication or information; c. The identity of the author of any written communication, the speaker of any oral communication, or the source of any information; d. The identity of all persons who received or had access to any written communication or information and all persons present during oral communication; e. The subject matter of the communications or information; f. The location of any information, written communications and recordings of any oral communications; and g. The factual and legal basis on which you claim privilege. 8. In the event that any matter called for in a request has been destroyed, that item should be identified as follows: sender, recipient, each recipient copied or blind copied; date, 3 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 subject matter, number of pages, attachments or appendixes; all persons to whom distributed, shown or explained; date of destruction, manner of destruction, reason for destruction, person authorizing destruction and person destroying the document(s). 9. These requests are continuing, and require further and supplemental production if the recipient receives or generates additional matter between the time of original production and the time of trial. 10. If any matter covered by a request is no longer in your possession, custody or control, describe the matter in detail and identify the present custodian. 11. Each page of a produced document shall have a legible, unique page identifier (“Bates Number”) on the face of the image in a location that does not obliterate, conceal or interfere with any information from the source document. 12. Electronic records and computerized information must be produced with all metadata preserved and intact. REQUESTS FOR DOCUMENTS 1. All documents and correspondence related to the sale or contemplated sale of properties owned by the Companies, including but not limited to, any final or draft contracts, correspondence related to negotiations with the prospective buyers, the status of any down payments for the sales, how the sales prices were set, the status of any pre-closing conditions and the status of any closings. 2. All documents concerning any offers for or due diligence conducted by potential buyers of those properties. 3. All documents and communications relating to any mortgages on any of the properties owned by the Companies, including the balances owed on such mortgages, and any applications or commitments for any further loans, refinancings or mortgages. 4 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 4. All documents and communications relating to profit and loss statements of the Companies. 5. All documents and communications relating to the compensation of the Companies’ directors, officers and employees, including but not limited to salaries, bonuses, expense reimbursements, commissions, consulting fees, pension plan contributions, profit- sharing, use of the Companies’ credit cards, personal services, housing expenses, loans guaranteed by the Companies, interest, dividends and/or gifts. 6. All documents and communications relating to payments or other financial benefits made by the Companies to any of their shareholders, including but not limited to salaries, bonuses, expense reimbursements, commissions, consulting fees, pension plan contributions, profit-sharing, use of the Companies’ credit cards, personal services, housing expenses, loans guaranteed by the Companies, interest, dividends and/or gifts. 7. All documents and communications relating to any analyses by real estate advisors concerning any properties owned by the Companies. 8. All documents and communications relating to any appraisals of any properties owned by the Companies. 9. All documents related to the Companies’ expenses. 10. A listing of all assets of the Companies. 11. All documents and communications concerning any lease or other contract between any of the Companies and any relative, friend, employee, or independent contractor of an employee, officer, or director of any of the Companies. 12. All documents and communications concerning any transaction between any of the Companies and any employee, officer, or director of any of the Companies. 5 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 13. All documents concerning the Companies’ solicitation or receipt of offers to purchase any of the Companies’ assets. 14. All documents or communications concerning the re-investment, including through what is known as a 1031 exchange, of the sales proceeds from the sale of certain Manhattan real estate to Extell. 15. All documents including all communications concerning any request by any director or shareholder of the Companies to inspect the Companies’ books and records, including but not limited to correspondence between Yasemin and the Companies. 16. All documents and communications regarding any consideration given by any of the Defendants to dividing up the assets of the Companies among their shareholders, including but not limited to the tax implications of doing so. 17. All documents concerning any leases or other arrangements Billur Akipek or any member of her family has in connection with arrangements to live in or stay at any properties owned by the Companies. 18. All documents concerning the purchase by the Companies or Berrin Tekiner of a home in the South of France and any subsequent sale thereof. 19. All documents concerning the purchase by the Companies, Gonca Tekiner or Berrin Tekiner of any apartments located at 30 East 85th Street and any subsequent sales thereof. 20. All documents concerning the purchase by the Companies or Berrin Tekiner of a home in the Hamptons area of Long Island and any subsequent sale thereof. 21. All documents concerning the purchase by the Companies or Gonca Tekiner of a home in Bronxville, New York, including but limited to any mortgages or other financing taken out by the Companies to pay for that purchase. 6 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 22. All documents concerning the Companies’ payment or reimbursement of expenses of any of the Individual Defendants, including but not limited to: telephone bills; landscaping bills; housekeeping bills; wages or expenses of a driver or housekeeper; travel expenses; and pet food. 23. All documents concerning any leases or other arrangements made to permit any friends, relatives or staff of the Defendants to reside or stay in any of the properties owned by the Defendants. 24. All documents concerning the Companies’ sale of a property located on Second Avenue in Midtown Manhattan during 2006 through 2007 and Yasemin’s role in that transaction. 25. All documents concerning the Companies’ purchase of a property located on the Bowery in Manhattan and Yasemin’s role in that transaction. 26. All documents concerning the Companies’ consideration of purchasing properties in Florida. 27. All documents concerning any complaints or concerns Yasemin raised about the Companies’ operations, management or finances. 28. All documents and communications concerning the Companies’ compliance with New York State and City laws and regulations. 29. All documents concerning any complaints or concerns any of the Companies’ outside professionals or employees raised about the Companies’ operations, management or finances. 30. All documents concerning any training the Companies accounting and financial staff have had in accounting or financial management. 31. All documents concerning the Companies’ acquisition of properties in Texas. 7 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 32. All documents concerning or reflecting the financial performance of the Companies’ properties in Texas. 33. Any documents or communications concerning the possible loss of any of the Companies’ Texas properties and the Companies’ need to buy those properties back at auction. 8 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 SCHEDULE B DEPOSITION TOPICS 1. Your work relating to Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC (“Companies”), Berrin Tekiner, Gonca Tekiner, and/or Billur Akipek (together with Companies, “Defendants”). 2. The value of properties owned by the Companies. 3. Appraisals of any properties owned by the Companies. 4. Assets of the Companies. 5. Purchases of properties by the Companies. 6. The sale or contemplated sale of properties owned by the Companies. 7. The Companies’ solicitation or receipt of offers to purchase any of the Companies’ assets. 8. Mortgages on any of the properties owned by the Companies. 9. Distributions of revenue and/or profits relating to the Companies. 10. Expenses of the Companies. 11. Analyses of any properties owned by the Companies by real estate advisors. 12. Contracts between the Companies and any relative, friend, employee, or independent contractor of an employee, officer, or director of any of the Companies, including the individual Defendants. 13. Requests by any director or shareholder of the Companies to inspect the Companies’ books and records. 1 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 10/19/2022 11:55 12:10 PM AM INDEX INDEX NO. NO. 657193/2020 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 407 790 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 10/19/2022 14. Any consideration given by any of the Defendants to dividing up the assets of the Companies among their shareholders, including but not limited to the tax implications of doing so. 15. The Companies’ compliance with New York State and City laws and regulations. 16. The Companies’ management of properties owned by them. 17. The Companies’ record-keeping processes and procedures. 18. The Companies’ operations, management and finances. 19. Berrin Tekiner’s role at the Companies. 20. Gonca Tekiner’s role at the Companies. 21.