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FILED: NEW YORK COUNTY CLERK 12/27/2022 03:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 990 RECEIVED NYSCEF: 12/27/2022
EXHIBIT I
FILED: NEW YORK COUNTY CLERK 12/27/2022 03:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 990 RECEIVED NYSCEF: 12/27/2022
1301 Avenue of the Americas
25th Floor
New York, NY 10019
212.812.0400 main
212.812.0399 fax
Stephen P. Younger
212-812-0365 direct
spyounger@foleyhoag.com
December 5, 2022
Via E-mail
Jennifer Borst
Specialist, Small Business & Consumer Operations
Court Ordered Processing
Santander Bank, N.A.
jborst@santander.us
Re: Tekiner v. Bremen House Inc., et al; New York Supreme Court, New York
County, Index No. 657193/2020; Subpoena Issued to Santander Bank, N.A.
Dear Ms. Borst:
I am counsel for Plaintiff Yasemin Tekiner (“Plaintiff”) in the above proceeding. I
write in response to your letter dated November 8, 2022 and the documents Santander Bank,
N.A. (“Santander”) produced in response to Plaintiff’s subpoena dated August 9, 2022 and the
Court’s October 25, 2022 Order. First, thank you for your production to date. As discussed in
detail below, however, Santander’s production is incomplete for a variety of reasons.
Request No. 2
In response to Request No, 2, Santander produced check images and Transaction
Inquiry screenshots rather than the bank statement of accounts held by Berrin Tekiner and/or
Gonca H. Hartmann, with Account Nos. ending 3922 and 2579, from December 22, 2014 to
January 21, 2015. Please produce these complete statements or confirm that Santander no
longer has these statements in its possession.
Further, the contents of the Posted Transactions field in the Transaction Inquiry
screenshots is incomplete because the scroll bars appear to not have been moved left to right
and up and down. In addition, it appears that only content from the Posted Transactions Tab
was provided, but not from the Memo Transactions Tab. Please supplement your production
to include the complete set of fields and tabs so that all the data is visible.
ATTORNEYS AT LAW BOSTON | NEW YORK |PARIS | WASHINGTON |FOLEYHOAG.COM
FILED: NEW YORK COUNTY CLERK 12/27/2022 03:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 990 RECEIVED NYSCEF: 12/27/2022
Jennifer Borst
Page 2
Request No. 4
The following documents are missing for the account held by Residuary Trust of
Sami S. Tekiner Berrin Tekiner Trustee, with an Account No. ending in 9285:
Complete bank statements for 2015, 2016, 2017, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, June 2018 through December
2018, 2019, 2020 (except for March), 2021, and 2022;
Copies of all deposits in 2015, 2016, 2017, 2019, 2020 (except for March),
2021, and 2022; and
All wire records for 2015, 2016, 2017, 2019, 2020, 2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 5
The following documents are missing for the account held by 254-258 W. 35th Street,
LLC, with an Account No. ending in 4194:
Complete bank statements for 2015, 2016, 2017 (except for December 28, 2017
through December 30, 2017), 2018 (except for January through April 2018),
2019, 2020 (except for March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all deposits in 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022; and
All wire records for 2015, 2016, 2017, 2018, 2019, 2020 (except for March),
2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 6
The following documents are missing for the account held by German News Texas,
Inc., with an Account No. ending in 4003:
Complete bank statements for 2015, 2016, 2017, 2018 (except for May), 2019,
2020 (except for March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, 2018 (except for May), 2019,
2020 (except for March), 2021, and 2022;
Copies of all deposits in 2015, 2016, 2017, 2018 (except for May), 2019, 2020
(except for March), 2021, and 2022; and
All wire records for 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
FILED: NEW YORK COUNTY CLERK 12/27/2022 03:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 990 RECEIVED NYSCEF: 12/27/2022
Jennifer Borst
Page 3
Request No. 7
The following documents are missing for the account held by German News, Inc., with
an Account No. ending in 0897:
Complete bank statements for 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all deposits in 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022; and
All wire records for 2015, 2016, 2017, 2018, 2019, 2020 (except for March),
2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 8
The following documents are missing for the account held by Bremen House Inc.,
with an Account No. ending in 0900:
Complete bank statements, copies of all checks written, copies of all deposits,
and all wire records from January 1, 2015, through November 30, 2015 and
from January 19, 2019 through the present.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 9
The following documents are missing for the account held by Bremen House Inc., with
an Account No. ending in 3639:
Complete bank statements, copies of all checks written, copies of all deposits,
and all wire records from August 10, 2022, through November 8, 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 10
The following documents are missing for the account held by Bremen House Texas
Inc., with an Account No. ending in 0889:
Complete bank statements for 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
FILED: NEW YORK COUNTY CLERK 12/27/2022 03:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 990 RECEIVED NYSCEF: 12/27/2022
Jennifer Borst
Page 4
Copies of all deposits in 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
All wire records for 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 11
The following documents are missing for the account held by Bremen House Inc.,
with an Account No. ending in 7909:
Complete bank statements for 2015, 2016, 2017, 2018 (except April), 2019,
2020 (except for March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, 2018, 2019, 2020, 2021, and
2022;
Copies of all deposits in 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022;
and
All wire records for 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 12
The following documents are missing for the account held by Bremen House Inc.,
with an Account No. ending in 0978:
Complete bank statements for 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all deposits in 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022; and
All wire records for 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 13
The following documents are missing for the account held by German News Inc., with
an Account No. ending in 5360:
Complete bank statements for 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, 2018, 2019, 2020, 2021, and
2022;
FILED: NEW YORK COUNTY CLERK 12/27/2022 03:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 990 RECEIVED NYSCEF: 12/27/2022
Jennifer Borst
Page 5
Copies of all deposits in 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022;
and
All wire records for 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 14
The following documents are missing for the account held by Bremen House Texas
Inc., with an Account No. ending in 3589:
Complete bank statements for 2015, 2016, 2017, 2018, 2019, 2020 (except for
March), 2021, and 2022;
Copies of all checks written in 2015, 2016, 2017, 2018, 2019, 2020, 2021, and
2022;
Copies of all deposits in 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022;
and
All wire records for 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 15
The following documents are missing for the small business account held by Berrin
Tekiner and/or Gonca H. Hartmann with an Account No. ending in 5142:
All wire records from July 30, 2020, through April 22, 2021.
Please produce these documents or provide the reason why Santander has not produced
them.
Request No. 16
The following documents are missing for the account held by Berrin Tekiner, Gonca
H. Hartmann, and/or Billur Akipek with an Account No. ending in 5088:
Complete bank statements from September 1, 2022, through November 8, 2022
All wire records from July 29, 2020 through the present.
Please produce these documents or provide the reason why Santander has not produced
them.
Please contact me by Friday, December 9, 2022 to advise whether Santander will
correct the deficiencies identified above. If you feel any of the requests need to be clarified, I
will be happy to discuss the matter with you.
FILED: NEW YORK COUNTY CLERK 12/27/2022 03:59 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 990 RECEIVED NYSCEF: 12/27/2022
Jennifer Borst
Page 6
Thank you again for your cooperation and assistance.
Respectfully yours,
/s/ Stephen P. Younger
Stephen P. Younger