Preview
FILED: NEW YORK COUNTY CLERK 12/28/2022 12:00 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 995 RECEIVED NYSCEF: 12/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF New York
-----------------------------------------------------x
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,
Plaintiff,
-against-
BREMEN HOUSE INC., GERMANPlaintiff(s)/Petitioner(s),
NEWS COMPANY, INC., BERRIN TEKINER, GONCA Index No. 657193/2020
TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
Defendants.
- against
ZEYNEP TEKINER, in her - capacity, as a beneficiary and a Trustee of The Zeynep
individual
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., GERMANDefendant(s)/Respondent(s).
NEWS COMPANY, INC., BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011
------------------------------------------------------x
Descendants Trust,
Defendants.
NOTICE TO COUNTY CLERK
AMENDMENT TO CAPTION
Defendants
____________________, a [plaintiff/defendant or petitioner/respondent] in this case, hereby requests that
the County Clerk amend the caption to conform to the caption in the amended pleading filed as Document Number
961
_____
[ ] by adding the following parties as plaintiff(s)/petitioner(s):
removing
[ ______ the following parties as defendant(s)/respondent(s):
] by adding
Bremen House Texas, Inc.
German News Texas, Inc.
254-258 W. 35th St. LLC
[ ] by adding the following parties as _________________________:
`
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FILED: NEW YORK COUNTY CLERK 12/28/2022 12:00 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 995 RECEIVED NYSCEF: 12/29/2022
The basis for this amendment is:
[ ] A stipulation of all parties who have appeared in this matter (copy attached); or
[ ] An amendment as of right under CPLR § 1003.
[X] As ordered by the Court
Dated: 12/29/2022 /s/ Meghan E. Hill
__________________________ (Signature)
Meghan E. Hill (Name)
Pryor Cashman LLP (Firm)
7 Times Sq, 40th Floor, (Address)
New York, NY 10036
212-326-0808 (Phone)
212-326-0806 (Fax)
mhilll@pryorcashman.com (E-Mail)
Attorney(s) for Defendants
THIS FORM (FILED AS A COVER PAGE), A COPY OF THE AMENDED CAPTION AS IT APPEARS
ON THE NEWLY-FILED PLEADING, AND ANY OTHER ACCOMPANYING DOCUMENT MUST
BE E-FILED AS ONE PDF.
7/10/13
2
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FILED: NEW YORK COUNTY CLERK 12/23/2022
12/28/2022 05:06
12:00 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 969
995 RECEIVED NYSCEF: 12/23/2022
12/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YASEMIN TEKINER, Index No. 657193/2020
in her individual capacity, as a beneficiary and a Commercial Division Part 3
Trustee of The Yasemin Tekiner 2011 Descendants
Trust and derivatively as a holder of equitable Hon. Joel M. Cohen
interests in a shareholder or a member of the
Company Defendants, Mot. Seq. No. 37
Plaintiff, NOTICE OF ENTRY
-against-
BREMEN HOUSE INC., GERMAN NEWS
COMPANY, INC., 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., GERMAN NEWS
COMPANY, INC., 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
12/28/2022 05:06
12:00 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 969
995 RECEIVED NYSCEF: 12/23/2022
12/29/2022
PLEASE TAKE NOTICE, that the within is a true and correct copy of the Decision and
Order of the Supreme Court of the State of New York, New York County (Cohen J.S.C.), dated
December 22, 2022 and duly entered in the office of the Clerk of the within named court on
December 23, 2022.
Dated: New York, New York PRYOR CASHMAN LLP
December 23, 2022
By: _______________________________
Todd E. Soloway
Bryan T. Mohler
Meghan E. Hill
7 Times Square
New York, New York 10036-6569
Tel: (212) 421-4100
Fax: (212) 326-0806
Attorneys for Defendants
CC: Parker Ibrahim & Berg LLP
Scott W. Parker, Esq.
Sanjay P. Ibrahim, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Foley Hoag LLP
Stephen P. Younger, Esq.
1301 Avenue of the Americas
New York, New York 10019
Kahn & Goldberg, LLP
Michele Khan, Esq.
555 Fifth Avenue, 14th Floor
New York, New York 10017
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2
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FILED: NEW YORK COUNTY CLERK 12/23/2022
12/28/2022 03:36
05:06
12:00 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 961
969
995 RECEIVED NYSCEF: 12/22/2022
12/23/2022
12/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M
-----------------------------------------------------------------------------------X
YASEMIN TEKINER, INDEX NO. 657193/2020
Plaintiff,
MOTION DATE N/A
-v-
MOTION SEQ. NO. 037
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC.,
GERMAN NEWS COMPANY, INC., GERMAN NEWS
TEXAS, INC.,254-258 W. 35TH ST. LLC, BERRIN DECISION + ORDER ON
TEKINER, GONCA TEKINER, BILLUR AKIPEK, ZEYNEP MOTION
TEKINER,
Defendants.
-----------------------------------------------------------------------------------X
HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 037) 864, 865, 866, 867,
868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 890, 891, 892, 893,
894, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 932, 933, 934, 935,
936, 937, 938
were read on this motion to COMPEL COMPLIANCE .
Upon the foregoing documents, and for the reasons stated on the record following oral
argument on December 19, 2022, it is
ORDERED that Plaintiff Zeynep Tekiner’s motion, brought by Order to Show Cause, to
compel Defendants’ compliance with certain directives Plaintiff made to the Trustee of her trust
is denied; it is further
ORDERED that the parties upload a copy of the transcript of the proceedings to
NYSCEF upon receipt; and it is further
ORDERED that the caption of this case be revised to reflect the Court’s Order and
Decision dated April 18, 2022 (NYSCEF 354), which granted Zeynep Tekiner’s motion to
intervene as a plaintiff in this action, and such caption shall appear as:
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 3
Motion No. 037
1
3
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FILED: NEW YORK COUNTY CLERK 12/23/2022
12/28/2022 03:36
05:06
12:00 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 961
969
995 RECEIVED NYSCEF: 12/22/2022
12/23/2022
12/29/2022
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,
Plaintiff,
-against-
BREMEN HOUSE INC., GERMAN NEWS
COMPANY, INC., 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., GERMAN NEWS
COMPANY, INC., BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Zeynep Tekiner 2011
Descendants Trust,
Defendants.
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 3
Motion No. 037
2
4
6 of 3
5
7
FILED: NEW YORK COUNTY CLERK 12/23/2022
12/28/2022 03:36
05:06
12:00 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 961
969
995 RECEIVED NYSCEF: 12/22/2022
12/23/2022
12/29/2022
IT IS FURTHER ORDERED that Counsel shall serve a copy of this order and the
Court’s April 18, 2022 Order with notice of entry upon the County Clerk and the Clerk of the
General Clerk’s Office, who are directed to mark the court’s records to reflect the parties being
added pursuant hereto. Service upon the County Clerk and the Clerk of the General Clerk’s
Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse
and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page
on the court’s website).
This constitutes the Decision and Order of the Court.
12/22/2022
DATE JOEL M. COHEN, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED X DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 3 of 3
Motion No. 037
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Preview
FILED: NEW YORK COUNTY CLERK 12/28/2022 12:00 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 995 RECEIVED NYSCEF: 12/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF New York -----------------------------------------------------x 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, Plaintiff, -against- BREMEN HOUSE INC., GERMANPlaintiff(s)/Petitioner(s), NEWS COMPANY, INC., BERRIN TEKINER, GONCA Index No. 657193/2020 TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. - against ZEYNEP TEKINER, in her - capacity, as a beneficiary and a Trustee of The Zeynep individual 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., GERMANDefendant(s)/Respondent(s). NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 ------------------------------------------------------x Descendants Trust, Defendants. NOTICE TO COUNTY CLERK AMENDMENT TO CAPTION Defendants ____________________, a [plaintiff/defendant or petitioner/respondent] in this case, hereby requests that the County Clerk amend the caption to conform to the caption in the amended pleading filed as Document Number 961 _____ [ ] by adding the following parties as plaintiff(s)/petitioner(s): removing [ ______ the following parties as defendant(s)/respondent(s): ] by adding Bremen House Texas, Inc. German News Texas, Inc. 254-258 W. 35th St. LLC [ ] by adding the following parties as _________________________: ` 1 of 7 FILED: NEW YORK COUNTY CLERK 12/28/2022 12:00 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 995 RECEIVED NYSCEF: 12/29/2022 The basis for this amendment is: [ ] A stipulation of all parties who have appeared in this matter (copy attached); or [ ] An amendment as of right under CPLR § 1003. [X] As ordered by the Court Dated: 12/29/2022 /s/ Meghan E. Hill __________________________ (Signature) Meghan E. Hill (Name) Pryor Cashman LLP (Firm) 7 Times Sq, 40th Floor, (Address) New York, NY 10036 212-326-0808 (Phone) 212-326-0806 (Fax) mhilll@pryorcashman.com (E-Mail) Attorney(s) for Defendants THIS FORM (FILED AS A COVER PAGE), A COPY OF THE AMENDED CAPTION AS IT APPEARS ON THE NEWLY-FILED PLEADING, AND ANY OTHER ACCOMPANYING DOCUMENT MUST BE E-FILED AS ONE PDF. 7/10/13 2 2 of 7 FILED: NEW YORK COUNTY CLERK 12/23/2022 12/28/2022 05:06 12:00 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 969 995 RECEIVED NYSCEF: 12/23/2022 12/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YASEMIN TEKINER, Index No. 657193/2020 in her individual capacity, as a beneficiary and a Commercial Division Part 3 Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable Hon. Joel M. Cohen interests in a shareholder or a member of the Company Defendants, Mot. Seq. No. 37 Plaintiff, NOTICE OF ENTRY -against- BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., 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., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. 1 3 of 5 7 FILED: NEW YORK COUNTY CLERK 12/23/2022 12/28/2022 05:06 12:00 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 969 995 RECEIVED NYSCEF: 12/23/2022 12/29/2022 PLEASE TAKE NOTICE, that the within is a true and correct copy of the Decision and Order of the Supreme Court of the State of New York, New York County (Cohen J.S.C.), dated December 22, 2022 and duly entered in the office of the Clerk of the within named court on December 23, 2022. Dated: New York, New York PRYOR CASHMAN LLP December 23, 2022 By: _______________________________ Todd E. Soloway Bryan T. Mohler Meghan E. Hill 7 Times Square New York, New York 10036-6569 Tel: (212) 421-4100 Fax: (212) 326-0806 Attorneys for Defendants CC: Parker Ibrahim & Berg LLP Scott W. Parker, Esq. Sanjay P. Ibrahim, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Foley Hoag LLP Stephen P. Younger, Esq. 1301 Avenue of the Americas New York, New York 10019 Kahn & Goldberg, LLP Michele Khan, Esq. 555 Fifth Avenue, 14th Floor New York, New York 10017 2 2 4 of 5 7 FILED: NEW YORK COUNTY CLERK 12/23/2022 12/28/2022 03:36 05:06 12:00 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 961 969 995 RECEIVED NYSCEF: 12/22/2022 12/23/2022 12/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M -----------------------------------------------------------------------------------X YASEMIN TEKINER, INDEX NO. 657193/2020 Plaintiff, MOTION DATE N/A -v- MOTION SEQ. NO. 037 BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC.,254-258 W. 35TH ST. LLC, BERRIN DECISION + ORDER ON TEKINER, GONCA TEKINER, BILLUR AKIPEK, ZEYNEP MOTION TEKINER, Defendants. -----------------------------------------------------------------------------------X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 037) 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 890, 891, 892, 893, 894, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 932, 933, 934, 935, 936, 937, 938 were read on this motion to COMPEL COMPLIANCE . Upon the foregoing documents, and for the reasons stated on the record following oral argument on December 19, 2022, it is ORDERED that Plaintiff Zeynep Tekiner’s motion, brought by Order to Show Cause, to compel Defendants’ compliance with certain directives Plaintiff made to the Trustee of her trust is denied; it is further ORDERED that the parties upload a copy of the transcript of the proceedings to NYSCEF upon receipt; and it is further ORDERED that the caption of this case be revised to reflect the Court’s Order and Decision dated April 18, 2022 (NYSCEF 354), which granted Zeynep Tekiner’s motion to intervene as a plaintiff in this action, and such caption shall appear as: 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 3 Motion No. 037 1 3 5 of 3 5 7 FILED: NEW YORK COUNTY CLERK 12/23/2022 12/28/2022 03:36 05:06 12:00 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 961 969 995 RECEIVED NYSCEF: 12/22/2022 12/23/2022 12/29/2022 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, Plaintiff, -against- BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., 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., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Zeynep Tekiner 2011 Descendants Trust, Defendants. 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 3 Motion No. 037 2 4 6 of 3 5 7 FILED: NEW YORK COUNTY CLERK 12/23/2022 12/28/2022 03:36 05:06 12:00 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 961 969 995 RECEIVED NYSCEF: 12/22/2022 12/23/2022 12/29/2022 IT IS FURTHER ORDERED that Counsel shall serve a copy of this order and the Court’s April 18, 2022 Order with notice of entry upon the County Clerk and the Clerk of the General Clerk’s Office, who are directed to mark the court’s records to reflect the parties being added pursuant hereto. Service upon the County Clerk and the Clerk of the General Clerk’s Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court’s website). This constitutes the Decision and Order of the Court. 12/22/2022 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED X DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 3 of 3 Motion No. 037 3 5 7 of 3 5 7