Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023
EXHIBIT 4
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1136 RECEIVEDWriter’s
NYSCEF: 01/31/2023
Direct Contact:
908.333.6220 (Tel.)
212.596.7036 (Fax)
scott.parker@piblaw.com
PARKER IBRAHIM & BERG LLP www.piblaw.com
August 18, 2022
VIA FEDEX & E-MAIL
Todd E. Soloway, Esq.
Meghan E. Hill, Esq.
Pryor Cashman LLP
7 Times Square
New York, New York 10036-6569
Re: Yasemin Tekiner, et al. v. Bremen House, Inc., et al.
Index No.: 657193/2020
Dear Todd and Meghan:
As you know, this firm is co-counsel for Plaintiff Yasemin Tekiner (“Plaintiff”) in the
above-referenced action.
Enclosed please find a copy of Plaintiff’s Fourth Request for Production of Documents,
and an Affirmation of Service of same. Kindly respond to same within the time prescribed by
the Court.
If you have any questions in this regard, please do not hesitate to contact me.
Very truly yours,
/s/ Scott W. Parker
Scott W. Parker
Enclosures
cc: Steven P. Younger, Esq. (via e-mail)
Michele Kahn, Esq. (via e-mail)
New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037
New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1136 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 shareholder PLAINTIFF’S FOURTH
or a member of the Company Defendants, REQUEST FOR PRODUCTION
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.
ZEYNEP TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Zeynep Tekiner 2011
Descendants Trust and derivatively as a
holder of equitable interests in a shareholder
or a member of the Company Defendants,
Intervenor-Plaintiff,
-against-
BREMEN HOUSE INC., BREMEN HOUSE
TEXAS, INC., GERMAN NEWS COMPANY,
INC., GERMAN NEWS TEXAS, INC., 254-258
W. 35TH ST. LLC, BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
Defendants.
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020
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PLEASE TAKE NOTICE THAT Plaintiff Yasemin Tekiner (“Yasemin”) by and through
its undersigned counsel hereby requires Defendants Bremen House, Inc., German News Company,
Inc., 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:
1. The term “Companies” shall refer to Defendants Bremen House, Inc. and German
News Company, Inc., 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., German
News Company, Inc., 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.
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6. The terms “Counterclaims” and “Counterclaim” means the counterclaims
contained in Defendants’ Verified Amended Answer, Affirmative Defenses, and Counterclaims to
the Verified Amended Complaint.
7. The term “communication” means the transmittal of information (in the form of
facts, ideas, inquiries, or otherwise), and may be written or oral.
8. 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).
9. 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
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,
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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
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.
10. The term “Bremen House Texas” shall refer to Bremen House Texas, Inc.
11. The term “Bremen House La Porte” shall refer to Bremen House La Porte, LLC.
12. The term “35th Street Property” shall refer to 254 West 35th Street, New York, New
York.
13. The term “1320 Madison Property” shall refer to 1320 Madison Avenue, New
York, New York.
14. The term “Tanglewylde Property” shall refer to 81 Tanglewylde Avenue,
Bronxville, New York.
15. The term “Norton Rose” shall refer to Norton Rose Fulbright US LLP.
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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.
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.
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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.
10. Unless otherwise specified, the Document Requests refer to the period from
January 1, 2011 until the present.
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REQUESTS FOR DOCUMENTS
1. A current listing of all assets and liabilities of the Company, including but not
limited to any mortgages or other debts of the Company.
2. The annual balance sheets and profit and loss statements for the Company.
3. All appraisals, valuations, or similar analyses concerning the market value of any
properties owned, managed or previously owned, by the Company.
4. All documents or other records relating to the terms of purchase and the source of
the purchase price for the purchase and the terms of sale for the recent sale and use of sales
proceeds for the property located at 5 Georgetowne North located in Greenwich, CT.
5. All documents or other records relating to the terms of purchase and the source of
the purchase price for the purchase for an apartment located at 124 East 79th Street, including but
not limited to all documents that support Berrin Tekiner’s statement, in paragraph 31 of her March
24, 2022 affidavit in opposition to Yasemin’s motion for leave to renew, that she funded the
purchase of 124 East 79th Street, Apt. 12C/D, New York, New York with her “own personal
money.”
6. All documents or other records relating to the terms of sale and use of sales
proceeds for apartments located at 40 East 78th Street, 140 East 63rd Street, and 177 East 77th Street
and for the property located at 15 Brookby Road, Scarsdale, New York.
7. All documents relating to the reorganization of the Company’s subsidiaries that
hold its Texas shopping center properties and the formation of Breme La Porte and Bremen Miami.
8. All board materials, including but not limited to, meeting minutes, agendas, notes
decks, presentation material, consents and/or resolutions.
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9. All documents concerning: (a) the “[a]dministrative fees” in the amount of
$1,246,268, and the “[m]anagement fees” in the amount of $534,694, as reflected in
BREM00000120; (b) the “[a]dministrative fees” in the amount of $1,743,581, as reflected in
BREM00000033; (c) the “[a]dministrative fees” in the amount of $682,891, and the “management
fees” in the amount of $292,985, as reflected in BREM00000018; (d) the “[M]anagement &
administrative fees” in the amount of $811,095, as reflected in BREM00000027; and (e) any
“administrative fees” and/or “management fees” that have been paid since December 1, 2020 by
any of the Companies or by 254-258 W. 35th St. LLC.
10. All documents concerning the tax forfeiture of Bremen House Texas in February
2020.
11. All documents concerning the “forfeited existence” of Bremen House Texas in
February 2020.
12. All documents concerning the dissolution of Bremen House Texas on or about
February 28, 2020.
13. All documents concerning the addition of “Corporate Service Company dba CBC”
to Bremen House Texas on or about April 30, 2021.
14. All documents concerning the reorganization of Bremen House Texas in May 2021.
15. All documents concerning the removal of Yasemin and Billur Akipek as directors
of Bremen House Texas.
16. All documents concerning the properties and/or assets held by Bremen House
Texas.
17. All documents concerning the formation of Bremen House La Porte on March 1,
2021 in Delaware.
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18. All documents concerning the registration of Bremen House La Porte as a foreign
limited liability company in Texas on March 5, 2021.
19. All documents concerning properties and/or assets held by Bremen House La Porte,
Bremen House, LLC, Bremen House Miami LLC, and/or Bremen Town House Association from
March 1, 2021 to present.
20. All documents concerning Defendants’ attempts to market the 35th Street Property
for sale.
21. All documents concerning any offers to purchase the 35th Street Property.
22. All documents concerning Defendants’ negotiations with any person relating to a
proposed sale of the 35th Street Property.
23. All documents concerning Defendants’ communications with Marcus & Millichap
relating to the attempts to market the 35th Street Property for sale.
24. All documents concerning the sale of the 1320 Madison Property.
25. All documents concerning Defendants’ attempts to market the 1320 Madison
Property for sale.
26. All documents concerning Defendants’ negotiations with any person relating to a
proposed sale of the 1320 Madison Property.
27. All documents concerning Defendants’ communications with Marcus & Millichap
relating to the attempts to market the 1320 Madison Property for sale.
28. All documents concerning the closing for the sale of the 1320 Madison Property,
including but not limited to a closing statement.
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29. All documents concerning the distribution and use of closing proceeds for the sale
of the 1320 Madison Property, including but not limited to documents indicating receipt of funds
by any of the Defendants.
30. All documents concerning the sale of the Tanglewylde Property.
31. All documents concerning the closing for the sale of the Tanglewylde Property,
including but not limited to a closing statement.
32. All documents concerning the distribution and use of closing proceeds for the sale
of the Tanglewylde Property, including but not limited to documents indicating receipt of funds
by any of the Defendants.
33. All documents concerning Berrin Tekiner’s pensions with the Companies.
34. All documents concerning financial statements or statements of account relating to
Berrin Tekiner’s pensions with the Companies.
35. All documents concerning the funding of Berrin Tekiner’s pensions with the
Companies.
36. All documents concerning any sums received by Berrin Tekiner relating to her
pensions with the Companies or any distributions of assets from those pensions.
37. All documents that support Berrin Tekiner’s statement, in paragraph 30 of her
March 24, 2022 affidavit in opposition to Yasemin’s motion for leave to renew, that she funded
the purchase of 5 Georgetown North, Greenwich, Connecticut from her own pension.
38. All documents concerning Gonca Tekiner’s pensions with the Companies.
39. All documents concerning financial statements or statements of account relating to
Gonca Tekiner’s pensions with the Companies.
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40. All documents concerning the funding of Gonca Tekiner’s pensions with the
Companies.
41. All documents concerning any sums received by Gonca Tekiner relating to her
pensions with the Companies or any distributions of assets from those pensions.
42. All documents reflecting what steps, if any, have been taken with respect to curing
the lack of good standing of Bremen House Texas, German News Texas and German News Corp.,
and possibly also Bremen House Inc., as set forth in Yasemin’s May 23, 2022 correspondence to
Berrin Tekiner, Gonca Tekiner, and Billur Akipek regarding the lack of good standing.
43. All documents concerning the existence of, and current status of, any mortgages on
any properties that are owned by any of the Companies.
44. All documents concerning the current status of any outstanding property taxes with
respect to any properties that are owned by any of the Companies.
45. From December 2020 to present, all billing entries reflected in invoices from
Norton Rose to Defendants relating to any communications between Norton Rose and Zeynep
Tekiner.
46. Tax returns for the Trust for 2020 and 2021.
47. To the extent not already produced, any tax returns for the Companies for 2020 and
2021.
48. Documents sufficient to reflect the decision made not to create consolidated
financial statements for 2020 notwithstanding the correspondence from Beck & Baumann, CPA,
LLC (see BREM00152243-46).
49. Complete sets of W-2s issued by either the Companies or 254-258 W. 35th St. LLC
to Berrin Tekiner, Gonca Tekiner, Billur Akipek, and/or Zeynep Tekiner between 2011 and 2022.
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50. Documents sufficient to reflect the salaries for Berrin Tekiner and Gonca Tekiner
between 2020 and 2022.
51. Documents sufficient to reflect any bonuses paid to Berrin Tekiner, Gonca Tekiner,
and/or Billur Akipek between 2020 and 2022.
52. Current employment contracts between either of the Companies and: (a) Berrin
Tekiner; (b) Gonca Tekiner; and/or (c) Billur Akipek.
53. All documents reflecting any personal loans from either of the Companies to Berrin
Tekiner.
54. All documents reflecting any personal loans from either of the Companies to Gonca
Tekiner.
Dated: New York, New York
August 18, 2022
PARKER IBRAHIM & BERG LLP
Sanjay P. Ibrahim, Esq.
Scott W. Parker, Esq.
Daniel A. Schleifstein, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Telephone: (212) 596-7037
E-mail: sanjay.ibrahim@piblaw.com
scott.parker@piblaw.com
daniel.schleifstein@piblaw.com
Please reply to Somerset address:
270 Davidson Avenue, 5th Floor
Somerset, New Jersey 08873
Telephone: (908) 725-9700
12
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SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Yasemin Tekiner
2011 Descendants Trust and derivatively as Index No. 657193/2020
a holder of equitable interests in a
shareholder or a member of the Company Commercial Division Part 3
Defendants,
Hon. Joel M. Cohen
Plaintiff,
-against-
BREMEN HOUSE INC., BREMEN HOUSE AFFIRMATION OF SERVICE
TEXAS, INC., GERMAN NEWS COMPANY,
INC., GERMAN NEWS TEXAS, INC., 254-258
W. 35TH ST. LLC, BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
Defendants.
ZEYNEP TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Zeynep Tekiner 2011
Descendants Trust and derivatively as a
holder of equitable interests in a
shareholder or a member of the Company
Defendants,
Intervenor-Plaintiff,
-against-
BREMEN HOUSE INC., BREMEN HOUSE
TEXAS, INC., GERMAN NEWS COMPANY,
INC., GERMAN NEWS TEXAS, INC., 254-258
W. 35TH ST. LLC, BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
Defendants.
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I, Scott W. Parker, Esq., hereby affirm under penalty of perjury as follows:
1. I am an attorney-at-law admitted to practice in the State of New York, and am a
partner of the law firm of Parker Ibrahim & Berg LLP, co-counsel for Plaintiff 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”) in the above-captioned action.
2. On August 18, 2022, I caused to be served Plaintiff’s Fourth Request for
Production of Documents and this Affirmation of Service as follows:
VIA FEDEX & E-MAIL
Todd E. Soloway, Esq.
Meghan E. Hill, Esq.
Pryor Cashman LLP
7 Times Square
New York, New York 10036-6569
Attorneys for 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, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust
VIA E-MAIL
Foley Hoag LLP
Stephen P. Younger, Esq.
1301 Avenue of the Americas
New York, New York 10019
Co-Counsel for Plaintiff,
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
Michele Khan, Esq.
Kahn & Goldberg, LLP
555 Fifth Avenue, 14th Floor
New York, New York 10017
Counsel for Intervenor-Plaintiff,
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
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3. I hereby affirm that the foregoing statements made by me are true. I am aware
that if any of the foregoing statements made by me are willfully false I may be subject to
punishment.
Dated: New York, New York
August 18, 2022
PARKER IBRAHIM & BERG LLP
Co-Counsel for Plaintiff,
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
/s/ Scott W. Parker
Sanjay P. Ibrahim, Esq.
Scott W. Parker, Esq.
Daniel A. Schleifstein, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Telephone: (212) 596-7037
E-mail: sanjay.ibrahim@piblaw.com
scott.parker@piblaw.com
daniel.schleifstein@piblaw.com
Please reply to Somerset address:
270 Davidson Avenue, 5th Floor
Somerset, New Jersey 08873
Telephone: (908) 725-9700
3
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NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023
Index No.: 657193/2020
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
in her individual capacity, as a beneficiary and a Trustee of The Yasemin
Tekiner 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., BREMEN HOUSE TEXAS, INC., GERMAN NEWS
COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC,
BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a
Trustee of The Yasemin Tekiner 2011 Descendants Trust,
Defendants.
ZEYNEP TEKINER,
in her individual capacity, as a beneficiary and a Trustee of The Zeynep
Tekiner 2011 Descendants Trust and derivatively as a holder of equitable
interests in a shareholder or a member of the Company Defendants,
Intervenor-Plaintiff,
-against-
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS
COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC,
BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Yasemin Tekiner 2011 Descendants Trust,
Defendants.
PLAINTIFF’S FOURTH REQUEST FOR PRODUCTION OF DOCUMENTS
& AFFIRMATION OF SERVICE
PARKER IBRAHIM & BERG LLP
Co-Counsel for Plaintiff,
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
5 Penn Plaza, Suite 2371
New York, New York 10001
Phone: (212) 596-7037
Please Reply to the Somerset Address:
270 Davidson Avenue, 5th Floor
Somerset, New Jersey 08873
Phone: (908) 725-9700
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AM INDEX NO. 657193/2020
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Shipment Receipt
Address Information
Ship to: Ship from:
Todd E. Soloway, Esq. Melissa Baginski
Pryor Cashman LLP Parker Ibrahim & Berg
7 Times Square 270 Davidson Ave
NEW YORK, NY Somerset, NJ
10036 08873
US US
9087259700 9087259700
Shipment Information:
Tracking no.: 777701290547
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FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 EXHIBIT 4 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVEDWriter’s NYSCEF: 01/31/2023 Direct Contact: 908.333.6220 (Tel.) 212.596.7036 (Fax) scott.parker@piblaw.com PARKER IBRAHIM & BERG LLP www.piblaw.com August 18, 2022 VIA FEDEX & E-MAIL Todd E. Soloway, Esq. Meghan E. Hill, Esq. Pryor Cashman LLP 7 Times Square New York, New York 10036-6569 Re: Yasemin Tekiner, et al. v. Bremen House, Inc., et al. Index No.: 657193/2020 Dear Todd and Meghan: As you know, this firm is co-counsel for Plaintiff Yasemin Tekiner (“Plaintiff”) in the above-referenced action. Enclosed please find a copy of Plaintiff’s Fourth Request for Production of Documents, and an Affirmation of Service of same. Kindly respond to same within the time prescribed by the Court. If you have any questions in this regard, please do not hesitate to contact me. Very truly yours, /s/ Scott W. Parker Scott W. Parker Enclosures cc: Steven P. Younger, Esq. (via e-mail) Michele Kahn, Esq. (via e-mail) New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037 New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 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 shareholder PLAINTIFF’S FOURTH or a member of the Company Defendants, REQUEST FOR PRODUCTION 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. ZEYNEP TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Zeynep Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants, Intervenor-Plaintiff, -against- BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 PLEASE TAKE NOTICE THAT Plaintiff Yasemin Tekiner (“Yasemin”) by and through its undersigned counsel hereby requires Defendants Bremen House, Inc., German News Company, Inc., 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: 1. The term “Companies” shall refer to Defendants Bremen House, Inc. and German News Company, Inc., 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., German News Company, Inc., 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. 2 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 6. The terms “Counterclaims” and “Counterclaim” means the counterclaims contained in Defendants’ Verified Amended Answer, Affirmative Defenses, and Counterclaims to the Verified Amended Complaint. 7. The term “communication” means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise), and may be written or oral. 8. 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). 9. 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 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, 3 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 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 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. 10. The term “Bremen House Texas” shall refer to Bremen House Texas, Inc. 11. The term “Bremen House La Porte” shall refer to Bremen House La Porte, LLC. 12. The term “35th Street Property” shall refer to 254 West 35th Street, New York, New York. 13. The term “1320 Madison Property” shall refer to 1320 Madison Avenue, New York, New York. 14. The term “Tanglewylde Property” shall refer to 81 Tanglewylde Avenue, Bronxville, New York. 15. The term “Norton Rose” shall refer to Norton Rose Fulbright US LLP. 4 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 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. 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. 5 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 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. 10. Unless otherwise specified, the Document Requests refer to the period from January 1, 2011 until the present. 6 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 REQUESTS FOR DOCUMENTS 1. A current listing of all assets and liabilities of the Company, including but not limited to any mortgages or other debts of the Company. 2. The annual balance sheets and profit and loss statements for the Company. 3. All appraisals, valuations, or similar analyses concerning the market value of any properties owned, managed or previously owned, by the Company. 4. All documents or other records relating to the terms of purchase and the source of the purchase price for the purchase and the terms of sale for the recent sale and use of sales proceeds for the property located at 5 Georgetowne North located in Greenwich, CT. 5. All documents or other records relating to the terms of purchase and the source of the purchase price for the purchase for an apartment located at 124 East 79th Street, including but not limited to all documents that support Berrin Tekiner’s statement, in paragraph 31 of her March 24, 2022 affidavit in opposition to Yasemin’s motion for leave to renew, that she funded the purchase of 124 East 79th Street, Apt. 12C/D, New York, New York with her “own personal money.” 6. All documents or other records relating to the terms of sale and use of sales proceeds for apartments located at 40 East 78th Street, 140 East 63rd Street, and 177 East 77th Street and for the property located at 15 Brookby Road, Scarsdale, New York. 7. All documents relating to the reorganization of the Company’s subsidiaries that hold its Texas shopping center properties and the formation of Breme La Porte and Bremen Miami. 8. All board materials, including but not limited to, meeting minutes, agendas, notes decks, presentation material, consents and/or resolutions. 7 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 9. All documents concerning: (a) the “[a]dministrative fees” in the amount of $1,246,268, and the “[m]anagement fees” in the amount of $534,694, as reflected in BREM00000120; (b) the “[a]dministrative fees” in the amount of $1,743,581, as reflected in BREM00000033; (c) the “[a]dministrative fees” in the amount of $682,891, and the “management fees” in the amount of $292,985, as reflected in BREM00000018; (d) the “[M]anagement & administrative fees” in the amount of $811,095, as reflected in BREM00000027; and (e) any “administrative fees” and/or “management fees” that have been paid since December 1, 2020 by any of the Companies or by 254-258 W. 35th St. LLC. 10. All documents concerning the tax forfeiture of Bremen House Texas in February 2020. 11. All documents concerning the “forfeited existence” of Bremen House Texas in February 2020. 12. All documents concerning the dissolution of Bremen House Texas on or about February 28, 2020. 13. All documents concerning the addition of “Corporate Service Company dba CBC” to Bremen House Texas on or about April 30, 2021. 14. All documents concerning the reorganization of Bremen House Texas in May 2021. 15. All documents concerning the removal of Yasemin and Billur Akipek as directors of Bremen House Texas. 16. All documents concerning the properties and/or assets held by Bremen House Texas. 17. All documents concerning the formation of Bremen House La Porte on March 1, 2021 in Delaware. 8 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 18. All documents concerning the registration of Bremen House La Porte as a foreign limited liability company in Texas on March 5, 2021. 19. All documents concerning properties and/or assets held by Bremen House La Porte, Bremen House, LLC, Bremen House Miami LLC, and/or Bremen Town House Association from March 1, 2021 to present. 20. All documents concerning Defendants’ attempts to market the 35th Street Property for sale. 21. All documents concerning any offers to purchase the 35th Street Property. 22. All documents concerning Defendants’ negotiations with any person relating to a proposed sale of the 35th Street Property. 23. All documents concerning Defendants’ communications with Marcus & Millichap relating to the attempts to market the 35th Street Property for sale. 24. All documents concerning the sale of the 1320 Madison Property. 25. All documents concerning Defendants’ attempts to market the 1320 Madison Property for sale. 26. All documents concerning Defendants’ negotiations with any person relating to a proposed sale of the 1320 Madison Property. 27. All documents concerning Defendants’ communications with Marcus & Millichap relating to the attempts to market the 1320 Madison Property for sale. 28. All documents concerning the closing for the sale of the 1320 Madison Property, including but not limited to a closing statement. 9 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 29. All documents concerning the distribution and use of closing proceeds for the sale of the 1320 Madison Property, including but not limited to documents indicating receipt of funds by any of the Defendants. 30. All documents concerning the sale of the Tanglewylde Property. 31. All documents concerning the closing for the sale of the Tanglewylde Property, including but not limited to a closing statement. 32. All documents concerning the distribution and use of closing proceeds for the sale of the Tanglewylde Property, including but not limited to documents indicating receipt of funds by any of the Defendants. 33. All documents concerning Berrin Tekiner’s pensions with the Companies. 34. All documents concerning financial statements or statements of account relating to Berrin Tekiner’s pensions with the Companies. 35. All documents concerning the funding of Berrin Tekiner’s pensions with the Companies. 36. All documents concerning any sums received by Berrin Tekiner relating to her pensions with the Companies or any distributions of assets from those pensions. 37. All documents that support Berrin Tekiner’s statement, in paragraph 30 of her March 24, 2022 affidavit in opposition to Yasemin’s motion for leave to renew, that she funded the purchase of 5 Georgetown North, Greenwich, Connecticut from her own pension. 38. All documents concerning Gonca Tekiner’s pensions with the Companies. 39. All documents concerning financial statements or statements of account relating to Gonca Tekiner’s pensions with the Companies. 10 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 40. All documents concerning the funding of Gonca Tekiner’s pensions with the Companies. 41. All documents concerning any sums received by Gonca Tekiner relating to her pensions with the Companies or any distributions of assets from those pensions. 42. All documents reflecting what steps, if any, have been taken with respect to curing the lack of good standing of Bremen House Texas, German News Texas and German News Corp., and possibly also Bremen House Inc., as set forth in Yasemin’s May 23, 2022 correspondence to Berrin Tekiner, Gonca Tekiner, and Billur Akipek regarding the lack of good standing. 43. All documents concerning the existence of, and current status of, any mortgages on any properties that are owned by any of the Companies. 44. All documents concerning the current status of any outstanding property taxes with respect to any properties that are owned by any of the Companies. 45. From December 2020 to present, all billing entries reflected in invoices from Norton Rose to Defendants relating to any communications between Norton Rose and Zeynep Tekiner. 46. Tax returns for the Trust for 2020 and 2021. 47. To the extent not already produced, any tax returns for the Companies for 2020 and 2021. 48. Documents sufficient to reflect the decision made not to create consolidated financial statements for 2020 notwithstanding the correspondence from Beck & Baumann, CPA, LLC (see BREM00152243-46). 49. Complete sets of W-2s issued by either the Companies or 254-258 W. 35th St. LLC to Berrin Tekiner, Gonca Tekiner, Billur Akipek, and/or Zeynep Tekiner between 2011 and 2022. 11 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 50. Documents sufficient to reflect the salaries for Berrin Tekiner and Gonca Tekiner between 2020 and 2022. 51. Documents sufficient to reflect any bonuses paid to Berrin Tekiner, Gonca Tekiner, and/or Billur Akipek between 2020 and 2022. 52. Current employment contracts between either of the Companies and: (a) Berrin Tekiner; (b) Gonca Tekiner; and/or (c) Billur Akipek. 53. All documents reflecting any personal loans from either of the Companies to Berrin Tekiner. 54. All documents reflecting any personal loans from either of the Companies to Gonca Tekiner. Dated: New York, New York August 18, 2022 PARKER IBRAHIM & BERG LLP Sanjay P. Ibrahim, Esq. Scott W. Parker, Esq. Daniel A. Schleifstein, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Telephone: (212) 596-7037 E-mail: sanjay.ibrahim@piblaw.com scott.parker@piblaw.com daniel.schleifstein@piblaw.com Please reply to Somerset address: 270 Davidson Avenue, 5th Floor Somerset, New Jersey 08873 Telephone: (908) 725-9700 12 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as Index No. 657193/2020 a holder of equitable interests in a shareholder or a member of the Company Commercial Division Part 3 Defendants, Hon. Joel M. Cohen Plaintiff, -against- BREMEN HOUSE INC., BREMEN HOUSE AFFIRMATION OF SERVICE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. ZEYNEP TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Zeynep Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants, Intervenor-Plaintiff, -against- BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. 1 Index No.: 657193/2020 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 I, Scott W. Parker, Esq., hereby affirm under penalty of perjury as follows: 1. I am an attorney-at-law admitted to practice in the State of New York, and am a partner of the law firm of Parker Ibrahim & Berg LLP, co-counsel for Plaintiff 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”) in the above-captioned action. 2. On August 18, 2022, I caused to be served Plaintiff’s Fourth Request for Production of Documents and this Affirmation of Service as follows: VIA FEDEX & E-MAIL Todd E. Soloway, Esq. Meghan E. Hill, Esq. Pryor Cashman LLP 7 Times Square New York, New York 10036-6569 Attorneys for 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, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust VIA E-MAIL Foley Hoag LLP Stephen P. Younger, Esq. 1301 Avenue of the Americas New York, New York 10019 Co-Counsel for Plaintiff, 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 Michele Khan, Esq. Kahn & Goldberg, LLP 555 Fifth Avenue, 14th Floor New York, New York 10017 Counsel for Intervenor-Plaintiff, 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 2 Index No.: 657193/2020 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 3. I hereby affirm that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false I may be subject to punishment. Dated: New York, New York August 18, 2022 PARKER IBRAHIM & BERG LLP Co-Counsel for Plaintiff, 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 /s/ Scott W. Parker Sanjay P. Ibrahim, Esq. Scott W. Parker, Esq. Daniel A. Schleifstein, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Telephone: (212) 596-7037 E-mail: sanjay.ibrahim@piblaw.com scott.parker@piblaw.com daniel.schleifstein@piblaw.com Please reply to Somerset address: 270 Davidson Avenue, 5th Floor Somerset, New Jersey 08873 Telephone: (908) 725-9700 3 Index No.: 657193/2020 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 Index No.: 657193/2020 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 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., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. ZEYNEP TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Zeynep Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants, Intervenor-Plaintiff, -against- BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, Defendants. PLAINTIFF’S FOURTH REQUEST FOR PRODUCTION OF DOCUMENTS & AFFIRMATION OF SERVICE PARKER IBRAHIM & BERG LLP Co-Counsel for Plaintiff, 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 5 Penn Plaza, Suite 2371 New York, New York 10001 Phone: (212) 596-7037 Please Reply to the Somerset Address: 270 Davidson Avenue, 5th Floor Somerset, New Jersey 08873 Phone: (908) 725-9700 Firefox FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 https://www.fedex.com/shipping/html/en/PrintIFrame.html AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1136 RECEIVED NYSCEF: 01/31/2023 Shipment Receipt Address Information Ship to: Ship from: Todd E. Soloway, Esq. Melissa Baginski Pryor Cashman LLP Parker Ibrahim & Berg 7 Times Square 270 Davidson Ave NEW YORK, NY Somerset, NJ 10036 08873 US US 9087259700 9087259700 Shipment Information: Tracking no.: 777701290547 Ship date: 08/18/2022 Estimated shipping charges: 14.54 USD Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.32 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: Somerset Office-795 Your reference: 1382.0001 P.O. no.: Invoice no.: Department no.: Thank you for shipping online with FedEx ShipManager at fed