Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
EXHIBIT 2
Plaintiff Yasemin Tekiner’s Second Set of Requests for Production
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
Index No. 657193/2020
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 PLAINTIFF’S SECOND
shareholder or a member of the Company REQUEST FOR PRODUCTION
Defendants, OF DOCUMENTS
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.
PLEASE TAKE NOTICE THAT Plaintiff Yasemin Tekiner (“Yasemin”) by and through
its undersigned counsel hereby requires Defendants Bremen House, Inc., Bremen House Texas,
Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC
(collectively the “Companies” or “Company Defendants”), Berrin Tekiner, Gonca Tekiner and
Billur Akipek (collectively “Defendants”) to produce a copy of the following documents within
twenty (20) days.
DEFINITIONS
As used in these Document Requests, the following terms shall have the meanings set
forth below:
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
1. The term “Companies” shall refer to Defendants Bremen House, Inc., Bremen
House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th
St. LLC, together with all of their officers, directors, employees, independent contractors, agents,
partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any
persons acting or purporting to act on their behalf.
2. The term “Defendants” shall refer to Defendants 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, together with all of their officers,
directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries,
affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their
behalf.
3. The term “Yasemin” shall refer to Plaintiff Yasemin Tekiner, including partners,
employees, agents, attorneys, and any persons acting or purporting to act on her behalf.
4. The term “you” and “your” shall refer to Defendants, as defined above, and/or
and any persons acting or purporting to act on behalf of any such entity or entities.
5. The term “Trust” shall refer to The Yasemin Tekiner 2011 Descendants Trust.
6. The term “communication” means the transmittal of information (in the form of
facts, ideas, inquiries, or otherwise), and may be written or oral.
7. The term “concerning” means relating to, referring to, reflecting, mentioning,
describing, evidencing, consisting of (in whole or in part), constituting (in whole or in part), or
containing (in whole or in part).
8. The term “document” shall be construed in its broadest sense and includes the
original and each non-identical copy and any draft of any written, typed, printed, recorded, or
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FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
graphical matter, however recorded, stored, produced, or reproduced, or any tangible thing that
in whole or in part illustrates or conveys information, including but not limited to, papers, letters,
notes, books, notebooks, diaries, journals, correspondence, interoffice and intraoffice
communications, memoranda, opinions, reports, evaluations, recommendations, reviews,
analyses, minutes, entries in personal diaries or other record books, summaries, notes, or minutes
of meetings or conversations or communications of any type or description (including, without
limitation, telephone conversations, personal conversations or interviews, meetings, conferences,
negotiations, and investigations), cablegrams, mailgrams, telegrams, facsimiles, electronic mail,
email, telexes, marginal comments or annotations appearing in any document, calendars,
appointment books, pamphlets, books, manuals, directives, bulletins, instructions, agreements,
contracts and other legal documents, news releases, advertisements, ledgers, statistics, surveys,
checks, financial statements, invoices, receipts, work sheets, bills, preliminary drafts and
working papers, drawings, sketches, charts, graphs, plans, specifications, photographs,
phonographs, films, tapes, information recorded on microfilm or microfiche, data and
information on computer-stored or computer-readable media whether tape, disk, diskette, RAM,
or other medium of storage, including but not limited to computer files and electronic mail, and
all other writings, recordings, and data compilations of every description, however denominated,
translated, or described from which information can be obtained or translated, if necessary,
through detective devices into reasonably usable form.
For purpose of the foregoing definition, the term “draft” means any earlier, preliminary,
preparatory, or tentative version of all or part of a document, whether or not such draft was
superseded by a later draft, and whether or not the terms of the draft are the same as or different
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FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
from the terms of the final document. The term “copy” means all versions of a document that is
not in every respect identical to the documents being produced.
INSTRUCTIONS FOR DOCUMENT REQUESTS
1. In answering these Document Requests, you are required to furnish all
information that is available to you or subject to reasonable inquiry by you, including
information in your possession, or the possession of your attorneys, and anyone else subject to
your or your attorney’s control.
2. Electronic records and computerized information must be produced with all
metadata preserved and intact.
3. These Document Requests should always be interpreted to be inclusive rather
than exclusive, including interpreting the following as appropriate: the singular form of a word
as plural, and vice versa; “and” to include “or,” and vice versa; the past tense to include the
present tense, and vice versa.
4. In responding to these Document Requests, preface each answer by restating the
Request to which it is addressed. If a Request has subparts, answer each subpart separately and
in full and do not limit your answer to the Request as a whole. If you are unable to answer a
Request fully, submit as much information as is available, explain why your answer is
incomplete, and state the source or sources from which a complete or more complete answer may
be obtained.
5. In responding to these Document Requests, which are continuing in nature,
Defendants shall produce all responsive documents in their possession, custody or control and shall
promptly supplement and/or correct their responses if they come into possession, custody or control
of additional documents, or learn or determine additional information, after the service of their
response.
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FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
6. If you object, in whole or in part, to any Request, state with specificity the full
objection(s) and the particularized basis for each objection in accordance with Commercial
Division Rule 11-e. To the extent that you object to any portion of a Request, you must respond
to the remaining portion of the Request to which you do not object.
7. If you object to any Request in whole or in part on the basis of any claimed
privilege, provide the following information for each communication or information of which
you claim a privilege:
a. The type of communication or information (e.g. meeting,
phone call, letter, data);
b. The date of the communication or information;
c. The identity of the author of any written communication, the
speaker of any oral communication, or the source of any
information;
d. The identity of all persons who received or had access to any
written communication or information and all persons
present during oral communication;
e. The subject matter of the communications or information;
f. The location of any information, written communications
and recordings of any oral communications; and
g. The factual and legal basis on which you claim privilege.
8. If you object, in whole or in part, to any Document Request, state with specificity the
full objection(s) and the particularized basis for each objection. To the extent that you object to any
portion of a Document Request, you must respond to the remaining portion of the Document Request
to which you do not object.
9. Electronic records and computerized information must be produced with all metadata
preserved and intact.
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FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
10. Unless otherwise specified, the Document Requests refer to the period from January
1, 2011 until the present.
REQUESTS FOR DOCUMENTS
1. All communications with Aydin Caginalp between January 1, 2008 and the
present.
2. All documents concerning Aydin Caginalp from January 1, 2008 to the present.
3. All documents concerning any trust granted or created by Sami Tekiner, including
but not limited to Trust U/A/D February 20, 1990 from January 1, 2008 to the present.
4. Documents sufficient to show the beneficiaries including all primary and
contingent beneficiaries of The Residuary Trust U/W of Sami Tekiner.
5. All documents concerning any trust of which Yasemin is or was a beneficiary or
contingent beneficiary.
6. The Companies’ tax returns.
7. All consolidated and stand-alone financial statements, including all supplemental
materials, for the Companies, for the fiscal years ended March 31, 2011 to the present.
8. Documents sufficient to show the Companies’ revenues, expenses, and profits,
including revenues, expenses, and profits on a building-by-building basis.
9. All software, databases, and other compilations of the Companies’ financial
information, including all information concerning the Companies’ expenses.
10. All documents provided to the Companies’ accountants and bookkeepers.
11. Documents sufficient to identify all properties or assets in which the Companies
have an interest, including but not limited to condominium units and cooperative units.
12. All valuations and appraisals of any properties or assets in which the Companies
have an interest from January 1, 2008 to the present.
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FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
13. All documents concerning the tax implications of any transaction concerning any
property or asset in which the Companies have an interest.
14. Any gift tax returns of Sami Tekiner and Berrin Tekiner.
15. All documents and correspondence related to the sale or contemplated sale of
properties owned by the Companies to Extell or other buyers, including but not limited to, any
final or draft contracts, correspondence related to negotiations with the prospective buyers, the
status of any down payments for the sales, how the sales prices were set, the status of any pre-
closing conditions and the status of any closings.
16. All analyses provided by real estate advisors concerning any properties owned by
the Companies.
17. All documents and communications concerning Yasemin, Zeynep Tekiner, Gonca
Tekiner, and/or Billur Akipek’s potential or actual removal, termination, or resignation from any
position at the Companies or any trust.
18. All documents and communications concerning Gonca Tekiner’s employment
agreement as President and CEO of Bremen House, Inc.
19. All documents and communications concerning Gonca Tekiner’s, Berrin Tekiner,
and/or Billur Akipek’s performance as director, officer, or employee at any of the Companies,
including but not limited to all reviews, reports, performance improvement plans or
recommendations concerning her performance.
20. All documents concerning any good, service, or anything of value provided by the
Companies to (a) any employee, officer, or director of any of the Companies or (b) any relative,
friend, associate, employee, or independent contractor of an employee, officer, or director of any
of the Companies.
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FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023
21. All documents and communications concerning any lease or other contract
between any of the Companies and (a) any employee, officer, or director of any of the
Companies or (b) any relative, friend, associate, employee, or independent contractor of an
employee, officer, or director of any of the Companies.
22. All documents concerning any transaction between Defendants and any trust of
which Yasemin is or was a beneficiary or contingent beneficiary.
23. All documents concerning Berrin Tekiner’s Irrevocable Trust Dated December
23, 1999.
24. Any and all wills of Sami Tekiner.
Dated: New York, New York
June 25, 2021
By: __/s/ Evan Mandel___________________
Evan Mandel
Mandel Bhandari LLP
80 Pine Street, 33rd Floor
New York, NY 10005
(212) 269-5600
(646) 964-6667 (fax)
em@mandelbhandari.com
Attorneys for Plaintiff Yasemin Tekiner
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Preview
FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 EXHIBIT 2 Plaintiff Yasemin Tekiner’s Second Set of Requests for Production FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, Index No. 657193/2020 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 PLAINTIFF’S SECOND shareholder or a member of the Company REQUEST FOR PRODUCTION Defendants, OF DOCUMENTS 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. PLEASE TAKE NOTICE THAT Plaintiff Yasemin Tekiner (“Yasemin”) by and through its undersigned counsel hereby requires Defendants Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC (collectively the “Companies” or “Company Defendants”), Berrin Tekiner, Gonca Tekiner and Billur Akipek (collectively “Defendants”) to produce a copy of the following documents within twenty (20) days. DEFINITIONS As used in these Document Requests, the following terms shall have the meanings set forth below: FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 1. The term “Companies” shall refer to Defendants Bremen House, Inc., Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC, together with all of their officers, directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their behalf. 2. The term “Defendants” shall refer to Defendants 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, together with all of their officers, directors, employees, independent contractors, agents, partners, corporate parents, subsidiaries, affiliates, predecessors, successors, attorneys, and any persons acting or purporting to act on their behalf. 3. The term “Yasemin” shall refer to Plaintiff Yasemin Tekiner, including partners, employees, agents, attorneys, and any persons acting or purporting to act on her behalf. 4. The term “you” and “your” shall refer to Defendants, as defined above, and/or and any persons acting or purporting to act on behalf of any such entity or entities. 5. The term “Trust” shall refer to The Yasemin Tekiner 2011 Descendants Trust. 6. The term “communication” means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise), and may be written or oral. 7. The term “concerning” means relating to, referring to, reflecting, mentioning, describing, evidencing, consisting of (in whole or in part), constituting (in whole or in part), or containing (in whole or in part). 8. The term “document” shall be construed in its broadest sense and includes the original and each non-identical copy and any draft of any written, typed, printed, recorded, or 2 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 graphical matter, however recorded, stored, produced, or reproduced, or any tangible thing that in whole or in part illustrates or conveys information, including but not limited to, papers, letters, notes, books, notebooks, diaries, journals, correspondence, interoffice and intraoffice communications, memoranda, opinions, reports, evaluations, recommendations, reviews, analyses, minutes, entries in personal diaries or other record books, summaries, notes, or minutes of meetings or conversations or communications of any type or description (including, without limitation, telephone conversations, personal conversations or interviews, meetings, conferences, negotiations, and investigations), cablegrams, mailgrams, telegrams, facsimiles, electronic mail, email, telexes, marginal comments or annotations appearing in any document, calendars, appointment books, pamphlets, books, manuals, directives, bulletins, instructions, agreements, contracts and other legal documents, news releases, advertisements, ledgers, statistics, surveys, checks, financial statements, invoices, receipts, work sheets, bills, preliminary drafts and working papers, drawings, sketches, charts, graphs, plans, specifications, photographs, phonographs, films, tapes, information recorded on microfilm or microfiche, data and information on computer-stored or computer-readable media whether tape, disk, diskette, RAM, or other medium of storage, including but not limited to computer files and electronic mail, and all other writings, recordings, and data compilations of every description, however denominated, translated, or described from which information can be obtained or translated, if necessary, through detective devices into reasonably usable form. For purpose of the foregoing definition, the term “draft” means any earlier, preliminary, preparatory, or tentative version of all or part of a document, whether or not such draft was superseded by a later draft, and whether or not the terms of the draft are the same as or different 3 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 from the terms of the final document. The term “copy” means all versions of a document that is not in every respect identical to the documents being produced. INSTRUCTIONS FOR DOCUMENT REQUESTS 1. In answering these Document Requests, you are required to furnish all information that is available to you or subject to reasonable inquiry by you, including information in your possession, or the possession of your attorneys, and anyone else subject to your or your attorney’s control. 2. Electronic records and computerized information must be produced with all metadata preserved and intact. 3. These Document Requests should always be interpreted to be inclusive rather than exclusive, including interpreting the following as appropriate: the singular form of a word as plural, and vice versa; “and” to include “or,” and vice versa; the past tense to include the present tense, and vice versa. 4. In responding to these Document Requests, preface each answer by restating the Request to which it is addressed. If a Request has subparts, answer each subpart separately and in full and do not limit your answer to the Request as a whole. If you are unable to answer a Request fully, submit as much information as is available, explain why your answer is incomplete, and state the source or sources from which a complete or more complete answer may be obtained. 5. In responding to these Document Requests, which are continuing in nature, Defendants shall produce all responsive documents in their possession, custody or control and shall promptly supplement and/or correct their responses if they come into possession, custody or control of additional documents, or learn or determine additional information, after the service of their response. 4 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 6. If you object, in whole or in part, to any Request, state with specificity the full objection(s) and the particularized basis for each objection in accordance with Commercial Division Rule 11-e. To the extent that you object to any portion of a Request, you must respond to the remaining portion of the Request to which you do not object. 7. If you object to any Request in whole or in part on the basis of any claimed privilege, provide the following information for each communication or information of which you claim a privilege: a. The type of communication or information (e.g. meeting, phone call, letter, data); b. The date of the communication or information; c. The identity of the author of any written communication, the speaker of any oral communication, or the source of any information; d. The identity of all persons who received or had access to any written communication or information and all persons present during oral communication; e. The subject matter of the communications or information; f. The location of any information, written communications and recordings of any oral communications; and g. The factual and legal basis on which you claim privilege. 8. If you object, in whole or in part, to any Document Request, state with specificity the full objection(s) and the particularized basis for each objection. To the extent that you object to any portion of a Document Request, you must respond to the remaining portion of the Document Request to which you do not object. 9. Electronic records and computerized information must be produced with all metadata preserved and intact. 5 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 10. Unless otherwise specified, the Document Requests refer to the period from January 1, 2011 until the present. REQUESTS FOR DOCUMENTS 1. All communications with Aydin Caginalp between January 1, 2008 and the present. 2. All documents concerning Aydin Caginalp from January 1, 2008 to the present. 3. All documents concerning any trust granted or created by Sami Tekiner, including but not limited to Trust U/A/D February 20, 1990 from January 1, 2008 to the present. 4. Documents sufficient to show the beneficiaries including all primary and contingent beneficiaries of The Residuary Trust U/W of Sami Tekiner. 5. All documents concerning any trust of which Yasemin is or was a beneficiary or contingent beneficiary. 6. The Companies’ tax returns. 7. All consolidated and stand-alone financial statements, including all supplemental materials, for the Companies, for the fiscal years ended March 31, 2011 to the present. 8. Documents sufficient to show the Companies’ revenues, expenses, and profits, including revenues, expenses, and profits on a building-by-building basis. 9. All software, databases, and other compilations of the Companies’ financial information, including all information concerning the Companies’ expenses. 10. All documents provided to the Companies’ accountants and bookkeepers. 11. Documents sufficient to identify all properties or assets in which the Companies have an interest, including but not limited to condominium units and cooperative units. 12. All valuations and appraisals of any properties or assets in which the Companies have an interest from January 1, 2008 to the present. 6 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 13. All documents concerning the tax implications of any transaction concerning any property or asset in which the Companies have an interest. 14. Any gift tax returns of Sami Tekiner and Berrin Tekiner. 15. All documents and correspondence related to the sale or contemplated sale of properties owned by the Companies to Extell or other buyers, including but not limited to, any final or draft contracts, correspondence related to negotiations with the prospective buyers, the status of any down payments for the sales, how the sales prices were set, the status of any pre- closing conditions and the status of any closings. 16. All analyses provided by real estate advisors concerning any properties owned by the Companies. 17. All documents and communications concerning Yasemin, Zeynep Tekiner, Gonca Tekiner, and/or Billur Akipek’s potential or actual removal, termination, or resignation from any position at the Companies or any trust. 18. All documents and communications concerning Gonca Tekiner’s employment agreement as President and CEO of Bremen House, Inc. 19. All documents and communications concerning Gonca Tekiner’s, Berrin Tekiner, and/or Billur Akipek’s performance as director, officer, or employee at any of the Companies, including but not limited to all reviews, reports, performance improvement plans or recommendations concerning her performance. 20. All documents concerning any good, service, or anything of value provided by the Companies to (a) any employee, officer, or director of any of the Companies or (b) any relative, friend, associate, employee, or independent contractor of an employee, officer, or director of any of the Companies. 7 FILED: NEW YORK COUNTY CLERK 01/09/2023 06:46 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1033 RECEIVED NYSCEF: 01/09/2023 21. All documents and communications concerning any lease or other contract between any of the Companies and (a) any employee, officer, or director of any of the Companies or (b) any relative, friend, associate, employee, or independent contractor of an employee, officer, or director of any of the Companies. 22. All documents concerning any transaction between Defendants and any trust of which Yasemin is or was a beneficiary or contingent beneficiary. 23. All documents concerning Berrin Tekiner’s Irrevocable Trust Dated December 23, 1999. 24. Any and all wills of Sami Tekiner. Dated: New York, New York June 25, 2021 By: __/s/ Evan Mandel___________________ Evan Mandel Mandel Bhandari LLP 80 Pine Street, 33rd Floor New York, NY 10005 (212) 269-5600 (646) 964-6667 (fax) em@mandelbhandari.com Attorneys for Plaintiff Yasemin Tekiner 8