On December 21, 2020 a
Exhibit,Appendix
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 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 909 RECEIVED NYSCEF: 12/14/2022
EXHIBIT F
FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 909 RECEIVED NYSCEF: 12/14/2022
KAHN & GOLDBERG, LLP
ATTORNEYS AT LAW
MICHELE KAHN 555 FIFTH AVENUE TELEPHONE: (212) 687-5066
mk@kahngoldberg.com 14th FLOOR FACSIMILE: (212) 983-8415
NEW YORK, N.Y. 10017 WEBSITE: www.kahngoldberg.com
ERIC GOLDBERG
eg@kahngoldberg.com
November 2, 2022
VIA EMAIL: MHill@PRYORCASHMAN.com
Meghan E. Hill, Esq.
Pryor Cashman LLP
7 Times Square
New York, NY 10036-6569
Re: Tekiner v. Bremen House: Index No.657193/2020
Dear Meghan:
I reply to your letter dated November 1, 2022, but sent to me this morning.
First, with respect to your October 24, 2022 letter to me and Mr. Parker – Your letter
purports to reiterate your demand upon me for texts between Yasemin Tekiner and Zeynep Tekiner
“during the depositions of Gonca Chelsea, Berrin Tekiner, and Yasemin Tekiner.” However, the
only request you made to me was for texts between Yasemin and Zeynep during Gonca’s
deposition. In any event, to the extent they exist, texts between the co-plaintiffs are protected by
the joint interest agreement. (Harris v Charlie Rose Inc., 2021 NY Slip Op 31146[U], *3 [Sup Ct,
NY County 2021]) (“Communications protected by the common-interest privilege include those
pertaining to pending or reasonably anticipated litigation, [including] communications between
co-defendants, co-plaintiffs . . . (citations omitted))”; (Deutsche Bank AG v Sebastian Holdings,
Inc., 2019 NY Slip Op 30062[U], *14-15 [Sup Ct, NY County 2019]) (“The common interest
doctrine can apply where the communication at issue is between two parties who are co-defendants
outside the presence of attorneys.”)
With respect to your requests for (i) bank statements reflecting money Berrin was sending
to Zeynep in Turkey, (ii) documents reflecting that Extell made a higher offer than the offer that
was accepted by Defendants, and (iii) documents regarding comparable properties selling at prices
higher than the price Extell paid for the Companies’ properties – I will not be in a position to
produce documents, object to production, or otherwise reply by your purported “deadline” of this
Friday, November 4, 2022. I will give you a better idea of timing by Monday, November 7, 2022.
Sincerely,
Michele Kahn
Tekiner/ltr Hill re RQs at Z Depo 11-2-22
Document Filed Date
December 14, 2022
Case Filing Date
December 21, 2020
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 909 RECEIVED NYSCEF: 12/14/2022 EXHIBIT F FILED: NEW YORK COUNTY CLERK 12/14/2022 06:01 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 909 RECEIVED NYSCEF: 12/14/2022 KAHN & GOLDBERG, LLP ATTORNEYS AT LAW MICHELE KAHN 555 FIFTH AVENUE TELEPHONE: (212) 687-5066 mk@kahngoldberg.com 14th FLOOR FACSIMILE: (212) 983-8415 NEW YORK, N.Y. 10017 WEBSITE: www.kahngoldberg.com ERIC GOLDBERG eg@kahngoldberg.com November 2, 2022 VIA EMAIL: MHill@PRYORCASHMAN.com Meghan E. Hill, Esq. Pryor Cashman LLP 7 Times Square New York, NY 10036-6569 Re: Tekiner v. Bremen House: Index No.657193/2020 Dear Meghan: I reply to your letter dated November 1, 2022, but sent to me this morning. First, with respect to your October 24, 2022 letter to me and Mr. Parker – Your letter purports to reiterate your demand upon me for texts between Yasemin Tekiner and Zeynep Tekiner “during the depositions of Gonca Chelsea, Berrin Tekiner, and Yasemin Tekiner.” However, the only request you made to me was for texts between Yasemin and Zeynep during Gonca’s deposition. In any event, to the extent they exist, texts between the co-plaintiffs are protected by the joint interest agreement. (Harris v Charlie Rose Inc., 2021 NY Slip Op 31146[U], *3 [Sup Ct, NY County 2021]) (“Communications protected by the common-interest privilege include those pertaining to pending or reasonably anticipated litigation, [including] communications between co-defendants, co-plaintiffs . . . (citations omitted))”; (Deutsche Bank AG v Sebastian Holdings, Inc., 2019 NY Slip Op 30062[U], *14-15 [Sup Ct, NY County 2019]) (“The common interest doctrine can apply where the communication at issue is between two parties who are co-defendants outside the presence of attorneys.”) With respect to your requests for (i) bank statements reflecting money Berrin was sending to Zeynep in Turkey, (ii) documents reflecting that Extell made a higher offer than the offer that was accepted by Defendants, and (iii) documents regarding comparable properties selling at prices higher than the price Extell paid for the Companies’ properties – I will not be in a position to produce documents, object to production, or otherwise reply by your purported “deadline” of this Friday, November 4, 2022. I will give you a better idea of timing by Monday, November 7, 2022. Sincerely, Michele Kahn Tekiner/ltr Hill re RQs at Z Depo 11-2-22