On December 21, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Yasemin Tekiner,
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,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 01/31/2023
EXHIBIT 42
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
Restricted-confidential
NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 01/31/2023
45antander
Jennifer Borst
Specialist, Small Business & Consumer Operations
Court Ordered Processing
iborst@santander.us
December 27 , 2022
{ VIA SECURED EMAIL
Foley Hoag, LLC
Attn: Stephen P. Younger, Esquire
25th
1301 Avenue of the Americas, FlOOr
New York, NY 10019
spyounger@foleyhoag.com
Re: Subpoena Issued to Santander Bank, N.A. I/M/O
Yasemin Tekiner, et al.vs.Bremen House Inc.,et al.
Index No.: 657193/2020
Santander File No.: SBNA-2022-12016
Dear Mr. Younger:
Santander Bank, N.A. ("Santander") has identified documents responsive to the above-referenced
Subpoena. Specifically,the following records are enclosed:
Checking Account 922
Account history from 12/22/14 to 1/21/15
Account closed 12/3/15
Checking Account i 2579
Account history from 12/22/14 to 1/21/15
Account closed 12/3/15
Checking Account # 3285
Statements with checks from 1/1/16 to 8/9/22
Cancelled checks from 1/1/16 to 8/9/22
Wire Transfer Log from 1/1/16 to 8/9/22
Checking Account # 4194
Statements with checks from 5/1/18 to 8/31/22
Cancelled checks from 5/1/18 to 8/9/22
Wire Transfer Log from 1/1/16 to 8/9/22
75 State Street,
Boston, MA02109
Tel 1-877-768-2265
SANTANDER000817
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
Restricted-confidential
NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 01/31/2023
45antander
Checking Account # 4003
Statements with checks from 9/28/17 to 8/31/22
Cancelled checks from 9/28/17 to 8/9/22
Checking Account # 3897
Statement with checks from 1/1/16 to 8/31/22
Cancelled checks from 1/1/16 to 8/9/22
Wire Transfer Log from 1/1/16 to 8/9/22
Checking Account 0900
Account closed 1/18/19
Checking Account # 889
Statement with checks from 1/1/16 to 8/31/22
Cancelled checks from 1/1/16 to 8/9/22
Wire Transfer Log from 1/1/16 to 8/9/22
Money Market Account #M7909
Statements from 1/1/16 to 8/31/22
Deposits from 1/1/16 to 8/9/22
Wire Transfer Log from 1/1/16 to 8/9/22
Checking Account # 0978
Statement with checks from 1/1/16 to 8/31/22
Cancelled checks from 1/1/16 to 8/9/22
Money Market Account # 360
Statements from 1/1/16 to 4/22/21
Account closed 4/22/21
Money Market Account E 3589
Statements from 1/1/16 to 4/22/21
Account closed 4/22/21
Checking Account 5142
No wires from 7/30/20 to 4/22/21
Account closed 4/22/21
These documents represent Santander's finalresponse to the Subpoena.
Please note that Santander isproducing these documents subject to the following:
1. Santander produces responsive documents within itscustody or control based on its reasonable
interpretation of the Subpoena and any amendment to the scope or timing of the Subpoena agreed
to by you and Santander.
75 State Street,
Boston, MA 02109
Tel 1-877-768-2265
SANTANDER000818
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
Restricted-confidential
NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 01/31/2023
45antander
2. Santander produces only documents within the relevant Santander retention period. For example,
Santander retains deposit account information for 7 years. Information outside Santander's
retention periods is generallyunavailable or, ata minimum, unreasonably burdensome to recover.
3. This response includes only information related to standard Santander accounts. Subpoenas
requesting email, online banking information, phone recordings, surveillance, internal investigatory
material or commercial loan information willbe processed by the Santander Legal Department
which willprovide responsive documents, ifany, directly to you. Questions concerning these
½ requests should be directed to legalediscovery@santander.us.
4. Santander does not produce responsive documents that contain privileged, confidential or
proprietary information. Responsive documents withheld by Santander, ifany, will be listed on a
privilege log enclosed herewith.
5. Santander ispermitted to produce Suspiciou7s Activity Reports ("SAR") or SAR-related information
only in limited circumstances. Pursuant to 31 U.S.C. 5318(g), and without confirming or denying
that a responsive SAR was prepared or filed,Santander will not produce SAR-related information
unless expressly permitted by statute.
6. Nothing contained herein isintended, nor should itbe deemed, a waiver or limitation of any of
Santander's rights provided under applicable rules and statutes, including, without limitation, (i)
any and alltestimonial privileges, its
(ii) rights,ifany, to make further objection to the Subpoena, in
particular ifthis is alimited or preliminary response, and its
(iii) rights to seek to quash the
Subpoena or for a protective order.
7. Santander's inadvertent production of any document or information itconsiders privileged or
otherwise protected from discovery, in whole or in part,shall not be deemed a waiver of any
applicable privilegeor protection and Santander expressly reserves the rightto demand that any
such inadvertently disclosed document or information be returned, destroyed or barred from use
by the Issuer.
Should you have any questions, please contact me at the above email address.
Very trulyyours,
Jennifer Borst
Santander Bank, N.A.
75 State Street,
Boston, MA 02109
Tel 1-877-768-2265
SANTANDER000819
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 01/31/2023 EXHIBIT 42 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 Restricted-confidential NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 01/31/2023 45antander Jennifer Borst Specialist, Small Business & Consumer Operations Court Ordered Processing iborst@santander.us December 27 , 2022 { VIA SECURED EMAIL Foley Hoag, LLC Attn: Stephen P. Younger, Esquire 25th 1301 Avenue of the Americas, FlOOr New York, NY 10019 spyounger@foleyhoag.com Re: Subpoena Issued to Santander Bank, N.A. I/M/O Yasemin Tekiner, et al.vs.Bremen House Inc.,et al. Index No.: 657193/2020 Santander File No.: SBNA-2022-12016 Dear Mr. Younger: Santander Bank, N.A. ("Santander") has identified documents responsive to the above-referenced Subpoena. Specifically,the following records are enclosed: Checking Account 922 Account history from 12/22/14 to 1/21/15 Account closed 12/3/15 Checking Account i 2579 Account history from 12/22/14 to 1/21/15 Account closed 12/3/15 Checking Account # 3285 Statements with checks from 1/1/16 to 8/9/22 Cancelled checks from 1/1/16 to 8/9/22 Wire Transfer Log from 1/1/16 to 8/9/22 Checking Account # 4194 Statements with checks from 5/1/18 to 8/31/22 Cancelled checks from 5/1/18 to 8/9/22 Wire Transfer Log from 1/1/16 to 8/9/22 75 State Street, Boston, MA02109 Tel 1-877-768-2265 SANTANDER000817 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 Restricted-confidential NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 01/31/2023 45antander Checking Account # 4003 Statements with checks from 9/28/17 to 8/31/22 Cancelled checks from 9/28/17 to 8/9/22 Checking Account # 3897 Statement with checks from 1/1/16 to 8/31/22 Cancelled checks from 1/1/16 to 8/9/22 Wire Transfer Log from 1/1/16 to 8/9/22 Checking Account 0900 Account closed 1/18/19 Checking Account # 889 Statement with checks from 1/1/16 to 8/31/22 Cancelled checks from 1/1/16 to 8/9/22 Wire Transfer Log from 1/1/16 to 8/9/22 Money Market Account #M7909 Statements from 1/1/16 to 8/31/22 Deposits from 1/1/16 to 8/9/22 Wire Transfer Log from 1/1/16 to 8/9/22 Checking Account # 0978 Statement with checks from 1/1/16 to 8/31/22 Cancelled checks from 1/1/16 to 8/9/22 Money Market Account # 360 Statements from 1/1/16 to 4/22/21 Account closed 4/22/21 Money Market Account E 3589 Statements from 1/1/16 to 4/22/21 Account closed 4/22/21 Checking Account 5142 No wires from 7/30/20 to 4/22/21 Account closed 4/22/21 These documents represent Santander's finalresponse to the Subpoena. Please note that Santander isproducing these documents subject to the following: 1. Santander produces responsive documents within itscustody or control based on its reasonable interpretation of the Subpoena and any amendment to the scope or timing of the Subpoena agreed to by you and Santander. 75 State Street, Boston, MA 02109 Tel 1-877-768-2265 SANTANDER000818 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020 Restricted-confidential NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 01/31/2023 45antander 2. Santander produces only documents within the relevant Santander retention period. For example, Santander retains deposit account information for 7 years. Information outside Santander's retention periods is generallyunavailable or, ata minimum, unreasonably burdensome to recover. 3. This response includes only information related to standard Santander accounts. Subpoenas requesting email, online banking information, phone recordings, surveillance, internal investigatory material or commercial loan information willbe processed by the Santander Legal Department which willprovide responsive documents, ifany, directly to you. Questions concerning these ½ requests should be directed to legalediscovery@santander.us. 4. Santander does not produce responsive documents that contain privileged, confidential or proprietary information. Responsive documents withheld by Santander, ifany, will be listed on a privilege log enclosed herewith. 5. Santander ispermitted to produce Suspiciou7s Activity Reports ("SAR") or SAR-related information only in limited circumstances. Pursuant to 31 U.S.C. 5318(g), and without confirming or denying that a responsive SAR was prepared or filed,Santander will not produce SAR-related information unless expressly permitted by statute. 6. Nothing contained herein isintended, nor should itbe deemed, a waiver or limitation of any of Santander's rights provided under applicable rules and statutes, including, without limitation, (i) any and alltestimonial privileges, its (ii) rights,ifany, to make further objection to the Subpoena, in particular ifthis is alimited or preliminary response, and its (iii) rights to seek to quash the Subpoena or for a protective order. 7. Santander's inadvertent production of any document or information itconsiders privileged or otherwise protected from discovery, in whole or in part,shall not be deemed a waiver of any applicable privilegeor protection and Santander expressly reserves the rightto demand that any such inadvertently disclosed document or information be returned, destroyed or barred from use by the Issuer. Should you have any questions, please contact me at the above email address. Very trulyyours, Jennifer Borst Santander Bank, N.A. 75 State Street, Boston, MA 02109 Tel 1-877-768-2265 SANTANDER000819