Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023
EXHIBIT 1
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023
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 FIRST
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 01/31/2023 03:24 AM INDEX NO. 657193/2020
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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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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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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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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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NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023
10. Unless otherwise specified, the Document Requests refer to the period from January
1, 2015 until the present.
REQUESTS FOR DOCUMENTS
1. 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.
2. All documents concerning any offers for or due diligence conducted by Extell or
any other potential buyers of those properties.
3. All documents and communications concerning any advice received by the
Companies from any outside professional or lawyers regarding the Extell sale and how the
Companies responded to such advice.
4. All documents and communications relating to any mortgages on any of the
properties owned by the Companies, including the balances owed on such mortgages, and any
applications or commitments for any further loans, refinancings or mortgages.
5. All profit and loss statements of the Companies.
6. Documents sufficient to show the compensation of the Companies’ directors,
officers and employees, including but not limited to salaries, bonuses, expense reimbursements,
commissions, consulting fees, pension plan contributions, profit-sharing, use of the Companies’
credit cards, personal services, housing expenses, loans guaranteed by the Companies, interest,
dividends and/or gifts.
7. Documents sufficient to show payments or other financial benefits made by the
Companies to any of their shareholders, including but not limited to salaries, bonuses, expense
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reimbursements, commissions, consulting fees, pension plan contributions, profit-sharing, use of
the Companies’ credit cards, personal services, housing expenses, loans guaranteed by the
Companies, interest, dividends and/or gifts.
8. All analyses provided by real estate advisors concerning any properties owned by
the Companies.
9. All documents related to any appraisals of any properties owned by the
Companies.
10. All documents related to the Companies’ expenses.
11. A listing of all assets of the Companies.
12. All documents, including all communications, concerning Yasemin’s removal as
a Trustee of the Trust in 2017 and 2020.
13. All documents, including all communications, concerning Yasemin’s removal as
Director or Officer of the Companies in 2017 and 2021.
14. All documents, including all communications, concerning Yasemin’s termination
as an employee of the Companies in 2021 and her performance as an employee for the last ten
years.
15. All documents, including all communications, concerning the termination of
Weitzman Associates.
16. All documents, including all communications, concerning any analyses,
recommendations or information provided by Weitzman Associates.
17. All documents concerning any bills rendered by Weitzman Associates for its
services and any payments made by the Companies of such bills.
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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 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 and communications concerning any contemplated or actual
termination of Gonca Tekiner as director, officer or employee at any of the Companies.
21. All documents and communications concerning Yasemin’s alleged disruptiveness
to the affairs of the Companies.
22. All documents and communications concerning the supposed disruptiveness to
the Companies engendered by Yasemin’s filing or prosecution of the above-captioned action.
23. All documents and communications concerning any lease or other contract
between any of the Companies and any relative, friend, employee, or independent contractor of
an employee, officer, or director of any of the Companies.
24. All documents and communications concerning any transaction between any of
the Companies and any employee, officer, or director of any of the Companies.
25. Documents sufficient to show the beneficiaries including all primary and
contingent beneficiaries of The Residuary Trust U/W of Sami Tekiner.
26. Documents sufficient to show the value of the Companies as of the date of Sami
Tekiner’s death in 1994.
27. Any appraisals made of the value of any properties owned by the Companies.
28. Documents sufficient to show the organization and/or structure of the Companies,
their subsidiaries and/or affiliates.
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29. All bylaws of the Companies in effect at any time from January 1, 2011 to the
present.
30. All shareholder agreements, voting trusts, and/or voting agreements between or
among any of the Company’s shareholders in effect at any time from January 1, 2011 to the
present.
31. For the period January 1, 2011 to the present, all notices, minutes, notes,
communications and/or transcriptions of regular and special meetings of the Companies’ boards
of directors.
32. For the period January 1, 2011 to the present, all notices, minutes, notes,
communications and/or transcriptions of committees or special committees of the Companies’
boards of directors.
33. For the period January 1, 2011 to the present, all notices, minutes, notes,
communications and/or transcriptions of annual and special meetings of the Companies’
shareholders.
34. All documents prepared for, presented at and/or distributed at and/or in
connection with meetings of the Companies’ shareholders.
35. For the period January 1, 2011 to the present, all resolutions proposed and/or
adopted, by written consent or otherwise, by the Companies’ shareholders.
36. All consolidated or Company-specific financial statements, including all
supplemental materials, for the Companies, for the fiscal years ended March 31, 2011 to the
present.
37. All documents concerning the Companies’ solicitation or receipt of offers to
purchase any of the Companies’ assets.
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38. All documents or communications concerning the re-investment, including
through what is known as a 1031 exchange, of the sales proceeds from the sale of certain
Manhattan real estate to Extell.
39. All documents or communications concerning your assertion that Yasemin
demanded to receive a portion of the sales proceeds from the sale of certain Manhattan real
estate to Extell.
40. All documents including all communications concerning any request by any
director or shareholder of the Companies to inspect the Companies’ books and records, including
but not limited to correspondence between Yasemin and the Companies.
41. All studies, reviews, examinations or recommendations concerning compensation
paid to the Companies’ officers, directors, employees and/or shareholders.
42. All documents including all communications concerning any actual, potential, or
apparent conflict of interest of any employee, officer, and/or director of the Companies.
43. All documents including all communications concerning any actual, potential, or
apparent conflict of interest of any trustee, protector, trustee committee member of the Trust or
any other trust that, directly or indirectly, has an interest in any of the Companies.
44. For the period January 1, 2011 to the present, all IRS Forms W-2 for Berrin
Tekiner, Gonca Tekiner, and Billur Akipek, and any officers, directors and/or executives of the
Companies.
45. For the period January 1, 2011 to the present, all IRS Forms 1099 for Berrin
Tekiner, Gonca Tekiner, and Billur Akipek, and any officers, directors and/or executives of the
Company.
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46. For the period January 1, 2011 to the present, complete state and federal tax
returns for the Companies.
47. All documents and communications regarding any consideration given by any of
the Defendants to dividing up the assets of the Companies among their shareholders, including
but not limited to the tax implications of doing so.
48. All documents concerning the formation of the Trust.
49. All documents concerning any distributions made from the Trust and any
consideration to making distributions.
50. All documents concerning any considerations taken into account by the
Companies in deciding to pay Yasemin and Zeynep Tekiner salaries and bonuses, as opposed to
making distributions to them from their Trusts.
51. All documents concerning a promissory note between Berrin Tekiner and the
Trust and any payments of principal or interest on such promissory note.
52. All documents concerning the appointment of Billur Akipek as a member of the
Trust Committee of the Trust and any communications with Billur Akipkek about trust affairs.
53. All documents concerning Billur Akipek’s compensation, benefits and
employment arrangements with the companies.
54. All documents concerning any leases or other arrangements Billur Akipek or any
member of her family has in connection with arrangements to live in or stay at any properties
owned by the Companies.
55. All documents concerning the removal of Aydin S. Caginalp as a Trustee or any
other fiduciary roles in connection with any of the Defendants or any trusts that they may have
settled or of which they may have been beneficiaries.
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56. All documents concerning the purchase by the Companies or Berrin Tekiner of a
yacht and any subsequent sale thereof.
57. All documents concerning the purchase by the Companies or Berrin Tekiner of a
a home in the South of France and any subsequent sale thereof.
58. All documents concerning the purchase by the Companies, Gonca Tekiner or
Berrin Tekiner of any apartments located at 30 East 85th Street and any subsequent sales thereof.
59. All documents concerning the purchase by the Companies or Berrin Tekiner of a
a home in the Hamptons area of Long Island and any subsequent sale thereof.
60. All documents concerning the purchase by the Companies or Gonca Tekiner of a
home in Bronxville, New York, including but limited to any mortgages or other financing taken
out by the Companies to pay for that purchase.
61. All documents concerning the Companies’ payment or reimbursement of
expenses of any of the Individual Defendants, including but not limited to: telephone bills;
landscaping bills; housekeeping bills; wages or expenses of a driver or housekeeper; travel
expenses; and pet food.
62. All documents concerning any leases or other arrangements made to permit any
friends, relatives or staff of the Defendants to reside or stay in any of the properties owned by the
Defendants.
63. All documents or communications concerning the reasons why Yasemin moved
into and later moved out of apartments owned by the Companies located on the Bowery or at
1320 Madison Avenue in Manhattan.
64. All documents concerning the air quality and any noxious fumes at 1320 Madison
Avenue.
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65. All documents concerning the purchase by the Companies of a home at in Bel
Air, California, and the source of the funds used to pay for that home, including but not limited
to the proceeds of the sale of an apartment in Manhattan.
66. All documents and communications concerning any rent paid by Yasemin for her
lease of a home in Bel Air, California.
67. All leases entered into by Yasemin or any of the Individual Defendants in
connection with their use of any properties owned by the Companies.
68. All documents concerning the Companies’ sale of a property located on Second
Avenue in Midtown Manhattan during 2006 through 2007 and Yasemin’s role in that transaction.
69. All documents concerning the Companies’ purchase of a property located on the
Bowery in n Manhattan and Yasemin’s role in that transaction.
70. All documents concerning the Companies’ consideration of purchasing properties
in Florida.
71. All documents concerning any complaints or concerns Yasemin raised about the
Companies’ operations, management or finances.
72. All documents concerning any performance reviews, evaluations or feedback
given to Yasemin in connection with her employment with the Companies.
73. All documents concerning your assertion that the Companies comply with all
State and City laws and regulations.
74. All documents or communications concerning any steps taken to retaliate against
Yasemin or any other employees of the Companies.
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75. All documents concerning any complaints or concerns any of the Companies’
outside professionals or employees raised about the Companies’ operations, management or
finances.
76. All documents concerning any accounting, real estate management or other
courses taken by Yasemin or any of the Individual Defendants.
77. All documents concerning your assertion that Yasemin yelled at a bookkeeper
employed by the Companies.
78. All documents concerning any training the Companies accounting and financial
staff have had in accounting or financial management.
79. All documents concerning the Companies’ acquisition of properties in Texas.
80. All documents concerning or reflecting the financial performance of the
Companies’ properties in Texas.
81. Any documents or communications concerning the possible loss of any of the
Companies’ Texas properties and the Companies’ need to buy those properties back at auction.
82. Any documents or communications concerning any psychiatric or drug or alcohol
treatment that Berrin Tekiner or Gonca Tekiner have received.
83. All documents concerning the amount of time the Individual Defendants spend
working out of the Companies’ office.
84. All documents concerning your assertion that Gonca Tekiner checked into
rehabilitation so that her boyfriend would be unable to reach her.
85. All documents or communications concerning any impact the psychiatric
condition of or use of drugs or alcohol by Berrin Tekiner or Gonca Tekiner has had on the
management of the Companies.
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86. All documents concerning any legal bills rendered to any of the Individual
Defendants for legal or other services in connection with this litigation and the payment thereof.
87. All documents that Defendants may use in this action, including but not limited to
documents that may be used for impeachment.
Dated: New York, New York
February 1, 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 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 EXHIBIT 1 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 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 FIRST 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 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 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 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 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 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 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 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 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 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 10. Unless otherwise specified, the Document Requests refer to the period from January 1, 2015 until the present. REQUESTS FOR DOCUMENTS 1. 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. 2. All documents concerning any offers for or due diligence conducted by Extell or any other potential buyers of those properties. 3. All documents and communications concerning any advice received by the Companies from any outside professional or lawyers regarding the Extell sale and how the Companies responded to such advice. 4. All documents and communications relating to any mortgages on any of the properties owned by the Companies, including the balances owed on such mortgages, and any applications or commitments for any further loans, refinancings or mortgages. 5. All profit and loss statements of the Companies. 6. Documents sufficient to show the compensation of the Companies’ directors, officers and employees, including but not limited to salaries, bonuses, expense reimbursements, commissions, consulting fees, pension plan contributions, profit-sharing, use of the Companies’ credit cards, personal services, housing expenses, loans guaranteed by the Companies, interest, dividends and/or gifts. 7. Documents sufficient to show payments or other financial benefits made by the Companies to any of their shareholders, including but not limited to salaries, bonuses, expense 6 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 reimbursements, commissions, consulting fees, pension plan contributions, profit-sharing, use of the Companies’ credit cards, personal services, housing expenses, loans guaranteed by the Companies, interest, dividends and/or gifts. 8. All analyses provided by real estate advisors concerning any properties owned by the Companies. 9. All documents related to any appraisals of any properties owned by the Companies. 10. All documents related to the Companies’ expenses. 11. A listing of all assets of the Companies. 12. All documents, including all communications, concerning Yasemin’s removal as a Trustee of the Trust in 2017 and 2020. 13. All documents, including all communications, concerning Yasemin’s removal as Director or Officer of the Companies in 2017 and 2021. 14. All documents, including all communications, concerning Yasemin’s termination as an employee of the Companies in 2021 and her performance as an employee for the last ten years. 15. All documents, including all communications, concerning the termination of Weitzman Associates. 16. All documents, including all communications, concerning any analyses, recommendations or information provided by Weitzman Associates. 17. All documents concerning any bills rendered by Weitzman Associates for its services and any payments made by the Companies of such bills. 7 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 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 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 and communications concerning any contemplated or actual termination of Gonca Tekiner as director, officer or employee at any of the Companies. 21. All documents and communications concerning Yasemin’s alleged disruptiveness to the affairs of the Companies. 22. All documents and communications concerning the supposed disruptiveness to the Companies engendered by Yasemin’s filing or prosecution of the above-captioned action. 23. All documents and communications concerning any lease or other contract between any of the Companies and any relative, friend, employee, or independent contractor of an employee, officer, or director of any of the Companies. 24. All documents and communications concerning any transaction between any of the Companies and any employee, officer, or director of any of the Companies. 25. Documents sufficient to show the beneficiaries including all primary and contingent beneficiaries of The Residuary Trust U/W of Sami Tekiner. 26. Documents sufficient to show the value of the Companies as of the date of Sami Tekiner’s death in 1994. 27. Any appraisals made of the value of any properties owned by the Companies. 28. Documents sufficient to show the organization and/or structure of the Companies, their subsidiaries and/or affiliates. 8 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 29. All bylaws of the Companies in effect at any time from January 1, 2011 to the present. 30. All shareholder agreements, voting trusts, and/or voting agreements between or among any of the Company’s shareholders in effect at any time from January 1, 2011 to the present. 31. For the period January 1, 2011 to the present, all notices, minutes, notes, communications and/or transcriptions of regular and special meetings of the Companies’ boards of directors. 32. For the period January 1, 2011 to the present, all notices, minutes, notes, communications and/or transcriptions of committees or special committees of the Companies’ boards of directors. 33. For the period January 1, 2011 to the present, all notices, minutes, notes, communications and/or transcriptions of annual and special meetings of the Companies’ shareholders. 34. All documents prepared for, presented at and/or distributed at and/or in connection with meetings of the Companies’ shareholders. 35. For the period January 1, 2011 to the present, all resolutions proposed and/or adopted, by written consent or otherwise, by the Companies’ shareholders. 36. All consolidated or Company-specific financial statements, including all supplemental materials, for the Companies, for the fiscal years ended March 31, 2011 to the present. 37. All documents concerning the Companies’ solicitation or receipt of offers to purchase any of the Companies’ assets. 9 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 38. All documents or communications concerning the re-investment, including through what is known as a 1031 exchange, of the sales proceeds from the sale of certain Manhattan real estate to Extell. 39. All documents or communications concerning your assertion that Yasemin demanded to receive a portion of the sales proceeds from the sale of certain Manhattan real estate to Extell. 40. All documents including all communications concerning any request by any director or shareholder of the Companies to inspect the Companies’ books and records, including but not limited to correspondence between Yasemin and the Companies. 41. All studies, reviews, examinations or recommendations concerning compensation paid to the Companies’ officers, directors, employees and/or shareholders. 42. All documents including all communications concerning any actual, potential, or apparent conflict of interest of any employee, officer, and/or director of the Companies. 43. All documents including all communications concerning any actual, potential, or apparent conflict of interest of any trustee, protector, trustee committee member of the Trust or any other trust that, directly or indirectly, has an interest in any of the Companies. 44. For the period January 1, 2011 to the present, all IRS Forms W-2 for Berrin Tekiner, Gonca Tekiner, and Billur Akipek, and any officers, directors and/or executives of the Companies. 45. For the period January 1, 2011 to the present, all IRS Forms 1099 for Berrin Tekiner, Gonca Tekiner, and Billur Akipek, and any officers, directors and/or executives of the Company. 10 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 46. For the period January 1, 2011 to the present, complete state and federal tax returns for the Companies. 47. All documents and communications regarding any consideration given by any of the Defendants to dividing up the assets of the Companies among their shareholders, including but not limited to the tax implications of doing so. 48. All documents concerning the formation of the Trust. 49. All documents concerning any distributions made from the Trust and any consideration to making distributions. 50. All documents concerning any considerations taken into account by the Companies in deciding to pay Yasemin and Zeynep Tekiner salaries and bonuses, as opposed to making distributions to them from their Trusts. 51. All documents concerning a promissory note between Berrin Tekiner and the Trust and any payments of principal or interest on such promissory note. 52. All documents concerning the appointment of Billur Akipek as a member of the Trust Committee of the Trust and any communications with Billur Akipkek about trust affairs. 53. All documents concerning Billur Akipek’s compensation, benefits and employment arrangements with the companies. 54. All documents concerning any leases or other arrangements Billur Akipek or any member of her family has in connection with arrangements to live in or stay at any properties owned by the Companies. 55. All documents concerning the removal of Aydin S. Caginalp as a Trustee or any other fiduciary roles in connection with any of the Defendants or any trusts that they may have settled or of which they may have been beneficiaries. 11 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 56. All documents concerning the purchase by the Companies or Berrin Tekiner of a yacht and any subsequent sale thereof. 57. All documents concerning the purchase by the Companies or Berrin Tekiner of a a home in the South of France and any subsequent sale thereof. 58. All documents concerning the purchase by the Companies, Gonca Tekiner or Berrin Tekiner of any apartments located at 30 East 85th Street and any subsequent sales thereof. 59. All documents concerning the purchase by the Companies or Berrin Tekiner of a a home in the Hamptons area of Long Island and any subsequent sale thereof. 60. All documents concerning the purchase by the Companies or Gonca Tekiner of a home in Bronxville, New York, including but limited to any mortgages or other financing taken out by the Companies to pay for that purchase. 61. All documents concerning the Companies’ payment or reimbursement of expenses of any of the Individual Defendants, including but not limited to: telephone bills; landscaping bills; housekeeping bills; wages or expenses of a driver or housekeeper; travel expenses; and pet food. 62. All documents concerning any leases or other arrangements made to permit any friends, relatives or staff of the Defendants to reside or stay in any of the properties owned by the Defendants. 63. All documents or communications concerning the reasons why Yasemin moved into and later moved out of apartments owned by the Companies located on the Bowery or at 1320 Madison Avenue in Manhattan. 64. All documents concerning the air quality and any noxious fumes at 1320 Madison Avenue. 12 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 65. All documents concerning the purchase by the Companies of a home at in Bel Air, California, and the source of the funds used to pay for that home, including but not limited to the proceeds of the sale of an apartment in Manhattan. 66. All documents and communications concerning any rent paid by Yasemin for her lease of a home in Bel Air, California. 67. All leases entered into by Yasemin or any of the Individual Defendants in connection with their use of any properties owned by the Companies. 68. All documents concerning the Companies’ sale of a property located on Second Avenue in Midtown Manhattan during 2006 through 2007 and Yasemin’s role in that transaction. 69. All documents concerning the Companies’ purchase of a property located on the Bowery in n Manhattan and Yasemin’s role in that transaction. 70. All documents concerning the Companies’ consideration of purchasing properties in Florida. 71. All documents concerning any complaints or concerns Yasemin raised about the Companies’ operations, management or finances. 72. All documents concerning any performance reviews, evaluations or feedback given to Yasemin in connection with her employment with the Companies. 73. All documents concerning your assertion that the Companies comply with all State and City laws and regulations. 74. All documents or communications concerning any steps taken to retaliate against Yasemin or any other employees of the Companies. 13 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 75. All documents concerning any complaints or concerns any of the Companies’ outside professionals or employees raised about the Companies’ operations, management or finances. 76. All documents concerning any accounting, real estate management or other courses taken by Yasemin or any of the Individual Defendants. 77. All documents concerning your assertion that Yasemin yelled at a bookkeeper employed by the Companies. 78. All documents concerning any training the Companies accounting and financial staff have had in accounting or financial management. 79. All documents concerning the Companies’ acquisition of properties in Texas. 80. All documents concerning or reflecting the financial performance of the Companies’ properties in Texas. 81. Any documents or communications concerning the possible loss of any of the Companies’ Texas properties and the Companies’ need to buy those properties back at auction. 82. Any documents or communications concerning any psychiatric or drug or alcohol treatment that Berrin Tekiner or Gonca Tekiner have received. 83. All documents concerning the amount of time the Individual Defendants spend working out of the Companies’ office. 84. All documents concerning your assertion that Gonca Tekiner checked into rehabilitation so that her boyfriend would be unable to reach her. 85. All documents or communications concerning any impact the psychiatric condition of or use of drugs or alcohol by Berrin Tekiner or Gonca Tekiner has had on the management of the Companies. 14 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1133 RECEIVED NYSCEF: 01/31/2023 86. All documents concerning any legal bills rendered to any of the Individual Defendants for legal or other services in connection with this litigation and the payment thereof. 87. All documents that Defendants may use in this action, including but not limited to documents that may be used for impeachment. Dated: New York, New York February 1, 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 15