On December 21, 2020 a
Motion-Secondary
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 12/23/2022 08:10 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 971 RECEIVED NYSCEF: 12/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Yasemin Tekiner Index No. 657193/2020
2011 Descendants Trust and derivatively as
a holder of equitable interests in a Motion Seq. No.:
shareholder or a 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.
ZEYNEP TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Zeynep Tekiner 2011
Descendants Trust and derivatively as a
holder of equitable interests in a
shareholder or a member of the Company
Defendants,
Intervenor-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.
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FILED: NEW YORK COUNTY CLERK 12/23/2022 08:10 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 971 RECEIVED NYSCEF: 12/23/2022
EMERGENCY AFFIRMATION OF STEPHEN P. YOUNGER IN
SUPPORT OF PLAINTIFF’S MOTION TO SEAL CERTAIN DOCUMENTS
IN CONNECTION WITH PLAINTIFF’S MOTION TO COMPEL DEFENDANTS TO
(1) PROVIDE CONSENT FOR SUBPOENAS TO CERTAIN HOSPITAL PURSUANT
TO CPLR 3122(a)(2); AND (2) PRODUCE ALL DOCUMENTS RESPONSIVE TO
PLAINTIFF’S NARROWER SET OF DOCUMENT REQUESTS RELATED TO
MENTAL HEALTH
STEPHEN P. YOUNGER, being duly sworn, pursuant to C.P.L.R. § 2106, hereby
affirms the following to be true and correct under penalty of perjury:
1. I am an attorney duly admitted to practice before the courts of the State of New
York and am a member of the firm Foley Hoag LLP, located at 1301 Avenue of the Americas,
New York, NY 10019, counsel to Plaintiff Yasemin Tekiner (“Plaintiff”) in this action.
2. I make this affirmation in support of the application of Plaintiff to file under seal
the Affirmation of Stephen P. Younger, dated December 22, 2022 (the “Younger Affirmation”),
submitted in support of Plaintiff’s Motion to Compel Defendants to (1) provide their consent for
subpoenas to certain hospitals pursuant to CPLR 3122(a)(2); and (2) produce all documents
responsive to Plaintiff’s narrower set of document requests related to mental health (NYSCEF
Doc. No. 966) and Exhibit B to the Younger Affirmation (NYSCEF No. 968). These documents
contain information that Defendants have designated as confidential pursuant to the Stipulation
and Order for the Production and Exchange of Confidential Information [NYSCEF No. 91] (the
“Confidentiality Stipulation”) in this case, based on Defendants’ contention that these documents
contain sensitive information regarding the personal health and treatment information of
Defendants Berrin Tekiner and Gonca Tekiner.
3. Accordingly, Plaintiff respectfully requests that the Court issue an order
permitting Plaintiff to file these documents under seal to protect their confidentiality as provided
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FILED: NEW YORK COUNTY CLERK 12/23/2022 08:10 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 971 RECEIVED NYSCEF: 12/23/2022
for in the Confidentiality Stipulation.
4. No prior application for the relief sought herein has been made to this or any other
Court.
Dated: New York, New York
December 23, 2022
/s/ Stephen P. Younger
Stephen P. Younger
FOLEY HOAG LLP
1301 Avenue of the Americas, 25th Floor
New York, NY 10019
(212) 812-0365
spyounger@foleyhoag.com
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Preview
FILED: NEW YORK COUNTY CLERK 12/23/2022 08:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 971 RECEIVED NYSCEF: 12/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner Index No. 657193/2020 2011 Descendants Trust and derivatively as a holder of equitable interests in a Motion Seq. No.: shareholder or a 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. ZEYNEP TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Zeynep Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants, Intervenor-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. 1 1 of 3 FILED: NEW YORK COUNTY CLERK 12/23/2022 08:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 971 RECEIVED NYSCEF: 12/23/2022 EMERGENCY AFFIRMATION OF STEPHEN P. YOUNGER IN SUPPORT OF PLAINTIFF’S MOTION TO SEAL CERTAIN DOCUMENTS IN CONNECTION WITH PLAINTIFF’S MOTION TO COMPEL DEFENDANTS TO (1) PROVIDE CONSENT FOR SUBPOENAS TO CERTAIN HOSPITAL PURSUANT TO CPLR 3122(a)(2); AND (2) PRODUCE ALL DOCUMENTS RESPONSIVE TO PLAINTIFF’S NARROWER SET OF DOCUMENT REQUESTS RELATED TO MENTAL HEALTH STEPHEN P. YOUNGER, being duly sworn, pursuant to C.P.L.R. § 2106, hereby affirms the following to be true and correct under penalty of perjury: 1. I am an attorney duly admitted to practice before the courts of the State of New York and am a member of the firm Foley Hoag LLP, located at 1301 Avenue of the Americas, New York, NY 10019, counsel to Plaintiff Yasemin Tekiner (“Plaintiff”) in this action. 2. I make this affirmation in support of the application of Plaintiff to file under seal the Affirmation of Stephen P. Younger, dated December 22, 2022 (the “Younger Affirmation”), submitted in support of Plaintiff’s Motion to Compel Defendants to (1) provide their consent for subpoenas to certain hospitals pursuant to CPLR 3122(a)(2); and (2) produce all documents responsive to Plaintiff’s narrower set of document requests related to mental health (NYSCEF Doc. No. 966) and Exhibit B to the Younger Affirmation (NYSCEF No. 968). These documents contain information that Defendants have designated as confidential pursuant to the Stipulation and Order for the Production and Exchange of Confidential Information [NYSCEF No. 91] (the “Confidentiality Stipulation”) in this case, based on Defendants’ contention that these documents contain sensitive information regarding the personal health and treatment information of Defendants Berrin Tekiner and Gonca Tekiner. 3. Accordingly, Plaintiff respectfully requests that the Court issue an order permitting Plaintiff to file these documents under seal to protect their confidentiality as provided 2 2 of 3 FILED: NEW YORK COUNTY CLERK 12/23/2022 08:10 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 971 RECEIVED NYSCEF: 12/23/2022 for in the Confidentiality Stipulation. 4. No prior application for the relief sought herein has been made to this or any other Court. Dated: New York, New York December 23, 2022 /s/ Stephen P. Younger Stephen P. Younger FOLEY HOAG LLP 1301 Avenue of the Americas, 25th Floor New York, NY 10019 (212) 812-0365 spyounger@foleyhoag.com 3 3 of 3