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 12/19/2022 10:16 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 942 RECEIVED NYSCEF: 12/19/2022
EXHIBIT 2
FILED: NEW YORK COUNTY CLERK 12/19/2022 10:16 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 942 RECEIVED NYSCEF: 12/19/2022
Page 26 Page 27
2 Q. Correct. 2 referring to.
3 A. Yes. 3 Q. Did you do anything to make that sure
4 Q. Did you text with her about this 4 files weren't deleted after you got that notice?
5 deposition? 5 A. I didn't take any action and I didn't do
6 A. I don't think so. 6 any deleting. That's it.Whatever was there was
7 Q. Have you texted with Sophie about this 7 there.
8 case? 8 Q. Okay.
9 A. It's possible. 9 So as presidency of the company, you
10 MR. YOUNGER: I call for production of 10 didn't take any steps to make sure that the
11 those texts. 11 company's files were preserved?
12 Q. Do you recall receiving from your counsel 12 MR. SOLOWAY: Objection. That
13 a notice not to delete any documents or computerized 13 mischaracterizes what the witness testified
14 files? 14 to.
15 A. Yes. 15 Q. You can answer.
16 Q. When did you get that? 16 A. I have my cell phone, and I didn't delete
17 A. I don't remember. 17 anything related to the case on my phone or
18 Q. How did you go about complying with that? 18 anywhere.
19 A. I didn't delete anything related to this 19 Q. Do you have a WhatsApp account?
20 case. 20 A. Not anymore, no.
21 Q. Did you take steps to preserve any files? 21 Q. When did you delete it?
22 A. What do you mean by "steps"? 22 A. I don't remember. Maybe sometime in the
23 Q. Did you take any measures to make sure 23 spring. I don't remember. I used WhatsApp. I
24 files weren't deleted? 24 stopped using it. I can't tell you when I deleted
25 A. I don't know what kind of measures you're 25 it.I currently don't use WhatsApp.
Page 28 Page 29
2 Q. You said sometime in the spring. Was it 2 A. No.
3 -- 3 Q. Before you deleted your LinkedIn account,
4 A. I don't -- 4 you used instant message, correct?
5 (Simultaneous crosstalk.) 5 A. When?
6 Q. You said earlier you thought it might be 6 Q. Before you deleted it.
7 sometime in the spring. Did you delete your 7 A. In like the history of me using LinkedIn,
8 WhatsApp account sometime in the last few months? 8 have I used it for messaging?
9 A. No. 9 Q. Yes.
10 Q. Did you delete your LinkedIn account 10 A. Yes.
11 recently? 11 Q. That's how you met your husband?
12 A. What do you call recently? 12 A. Yes.
13 Q. What do you call it? 13 Q. When did you delete your Facebook
14 A. Few months. 14 account?
15 Q. Were you on WhatsApp as recently as eight 15 A. Right when COVID started, so maybe early
16 days ago? 16 spring of 2020 or something like that. It's been a
17 A. I don't think so. 17 long time.
18 Q. Did you do anything to pull your WhatsApp 18 MR. YOUNGER: We're going to call for
19 messages that might be relevant to this case? 19 any WhatsApp, LinkedIn, or Facebook messages.
20 A. Did I what? 20 MR. SOLOWAY: Steve, I just want to
21 Q. Did you do anything to collect WhatsApp 21 note for the record that Berrin Tekiner is
22 messages that might be relevant to this case? 22 now in the room.
23 A. No, I didn't collect any messages. 23 MR. YOUNGER: Thank you.
24 Q. Did you collect any LinkedIn messages 24 Q. Do you keep a personal journal?
25 that might be relevant to this case? 25 A. Not anymore, no.
8 (Pages 26 to 29)
Document Filed Date
December 19, 2022
Case Filing Date
December 21, 2020
Category
Commercial Division
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Preview
FILED: NEW YORK COUNTY CLERK 12/19/2022 10:16 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 942 RECEIVED NYSCEF: 12/19/2022 EXHIBIT 2 FILED: NEW YORK COUNTY CLERK 12/19/2022 10:16 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 942 RECEIVED NYSCEF: 12/19/2022 Page 26 Page 27 2 Q. Correct. 2 referring to. 3 A. Yes. 3 Q. Did you do anything to make that sure 4 Q. Did you text with her about this 4 files weren't deleted after you got that notice? 5 deposition? 5 A. I didn't take any action and I didn't do 6 A. I don't think so. 6 any deleting. That's it.Whatever was there was 7 Q. Have you texted with Sophie about this 7 there. 8 case? 8 Q. Okay. 9 A. It's possible. 9 So as presidency of the company, you 10 MR. YOUNGER: I call for production of 10 didn't take any steps to make sure that the 11 those texts. 11 company's files were preserved? 12 Q. Do you recall receiving from your counsel 12 MR. SOLOWAY: Objection. That 13 a notice not to delete any documents or computerized 13 mischaracterizes what the witness testified 14 files? 14 to. 15 A. Yes. 15 Q. You can answer. 16 Q. When did you get that? 16 A. I have my cell phone, and I didn't delete 17 A. I don't remember. 17 anything related to the case on my phone or 18 Q. How did you go about complying with that? 18 anywhere. 19 A. I didn't delete anything related to this 19 Q. Do you have a WhatsApp account? 20 case. 20 A. Not anymore, no. 21 Q. Did you take steps to preserve any files? 21 Q. When did you delete it? 22 A. What do you mean by "steps"? 22 A. I don't remember. Maybe sometime in the 23 Q. Did you take any measures to make sure 23 spring. I don't remember. I used WhatsApp. I 24 files weren't deleted? 24 stopped using it. I can't tell you when I deleted 25 A. I don't know what kind of measures you're 25 it.I currently don't use WhatsApp. Page 28 Page 29 2 Q. You said sometime in the spring. Was it 2 A. No. 3 -- 3 Q. Before you deleted your LinkedIn account, 4 A. I don't -- 4 you used instant message, correct? 5 (Simultaneous crosstalk.) 5 A. When? 6 Q. You said earlier you thought it might be 6 Q. Before you deleted it. 7 sometime in the spring. Did you delete your 7 A. In like the history of me using LinkedIn, 8 WhatsApp account sometime in the last few months? 8 have I used it for messaging? 9 A. No. 9 Q. Yes. 10 Q. Did you delete your LinkedIn account 10 A. Yes. 11 recently? 11 Q. That's how you met your husband? 12 A. What do you call recently? 12 A. Yes. 13 Q. What do you call it? 13 Q. When did you delete your Facebook 14 A. Few months. 14 account? 15 Q. Were you on WhatsApp as recently as eight 15 A. Right when COVID started, so maybe early 16 days ago? 16 spring of 2020 or something like that. It's been a 17 A. I don't think so. 17 long time. 18 Q. Did you do anything to pull your WhatsApp 18 MR. YOUNGER: We're going to call for 19 messages that might be relevant to this case? 19 any WhatsApp, LinkedIn, or Facebook messages. 20 A. Did I what? 20 MR. SOLOWAY: Steve, I just want to 21 Q. Did you do anything to collect WhatsApp 21 note for the record that Berrin Tekiner is 22 messages that might be relevant to this case? 22 now in the room. 23 A. No, I didn't collect any messages. 23 MR. YOUNGER: Thank you. 24 Q. Did you collect any LinkedIn messages 24 Q. Do you keep a personal journal? 25 that might be relevant to this case? 25 A. Not anymore, no. 8 (Pages 26 to 29)