Motion to Quash Service of Subpoena in 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 v. Bremen House Inc., German News Company, Inc., Berrin Tekiner, Gonca Tekiner, Billur Akipek in her capacity as a Trustee of the Yasemin Tekiner 2011 Descendants Trust, Zeynep Tekiner (Intervenor Plaintiff)| Trellis.Law

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.

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FILED: NEW YORK COUNTY CLERK 01/31/2023 03:42 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1179 RECEIVED NYSCEF: 01/31/2023

EXHIBIT 47
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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- NOTICE OF SUBPOENA

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-

Defendants.

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PLEASE TAKE NOTICE THAT, pursuant to CPLR 3120, Plaintiff Yasemin Tekiner

intends to serve non-party Allen Beck of Beck & Baumann, CPA, LLC with the attached Subpoena

Duces Tecum and Ad Testificandum seeking the production of documents on October 10, 2022,

and deposition on October 17, 2022.

Dated: New York, New York
September 19, 2022
/s/ Scott W. Parker
Sanjay P. Ibrahim
Scott W. Parker
Daniel A. Schleifstein
PARKER IBRAHIM & BERG LLP
5 Penn Plaza, Suite 2371
New York, NY 10001
Telephone: (212) 596-7037
sanjay.ibrahim@piblaw.com
scott.parker@piblaw.com
daniel.schleifstein@piblaw.com

- and -

Stephen P. Younger
FOLEY HOAG LLP
1301 Avenue of the Americas, 25th Floor
New York, NY 10019
Telephone: (212) 812-0365
spyounger@foleyhoag.com

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

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SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY

-against- SUBPOENA DUCES TECUM
AND AD TESTIFICANDUM
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,

Intervenor-Plaintiff,

-against-

Defendants.

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To: Allen Beck
c/o Beck & Baumann, CPA, LLC
440 State Highway 17N, Suite 4
Hasbrouck Heights, NJ 07604

WE HEREBY COMMAND YOU that, all business and excuses being laid aside, to

produce at Parker Ibrahim & Berg LLP, c/o Scott W. Parker, Esq., 270 Davidson Avenue, 5th Floor

Somerset, NJ 08873, on or before October 10, 2022, the documents requested on Schedule A

annexed hereto.

WE ALSO COMMAND YOU to appear and testify before a Notary Public or other person

so qualified to act, at a remote deposition to be conducted by videoconference or other remote

means on October 17, 2022, at 9:00 a.m. (Prevailing Eastern Time), concerning the subject matter

set forth in Schedule B. The deposition will continue day to day until complete and will be

recorded by stenographic means and video recorded.

PLEASE TAKE NOTICE that failure to comply with this subpoena may be punishable as

a contempt of court and may make you liable to the person on whose behalf this subpoena was

issued. Pursuant to CPLR 3101(a)(4), your testimony is required in order to establish certain facts

in the above-captioned case relating, inter alia, to the properties owned by Bremen House, Inc.,

Bremen House Texas, Inc., German News Company, Inc., German News Texas, Inc., and/or 254

– 258 W. 35th St. LLC (the “Companies”), the management of properties owned by the

Companies, profits and losses of the Companies, and compensation of the Companies’ directors,

officers and employees.

PLEASE TAKE FURTHER NOTICE that this examination shall be recorded by

stenographic means and videotaped, pursuant to CPLR 3113 and 22 N.Y.C.R.R. § 202.15. In

accordance with 22 N.Y.C.R.R. § 202.15, please be advised that the videotape operator will be an

employee or agent of counsel for Plaintiff.

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- and -

Stephen P. Younger
FOLEY HOAG LLP
1301 Avenue of the Americas, 25th Floor
New York, NY 10019
Telephone: (212) 812-0365
spyounger@foleyhoag.com

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SCHEDULE A

DEFINITIONS

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., 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 “Trust” shall refer to The Yasemin Tekiner 2011 Descendants Trust.

5. The term “communication” means the transmittal of information (in the form of

facts, ideas, inquiries, or otherwise), and may be written or oral.

6. 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).

7. The term “Beck & Baumann” shall refer to Beck & Baumann, CPA, LLC and any

of its subsidiaries, affiliates, predecessors, successors, employees, contractors, agents, advisors,

professionals, directors, officers, or any other entity related thereto.

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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

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

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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.

9. The terms “You” or “Your” shall be construed in its broadest sense and shall refer

to Allen Beck and any of his companies, subsidiary companies, predecessors, successors, affiliates,

partners, and any or all of their stockholders, agents, employees, accountants, lawyers and/or any

other person(s) acting or purporting to act on his behalf.

INSTRUCTIONS FOR DOCUMENT REQUESTS

1. Unless otherwise specified, the production of documents called for in these requests

covers the period 2011 to the present. Notwithstanding, to the extent any document created before

that date pertains to the subject matter of the requested, it should be produced in response to these

requests.

2. Documents should be produced in their entirety without abbreviation or

expurgation.

3. 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;

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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. In the event that any matter called for in a request has been destroyed, that item

should be identified as follows: sender, recipient, each recipient copied or blind copied; date,

subject matter, number of pages, attachments or appendixes; all persons to whom distributed,

shown or explained; date of destruction, manner of destruction, reason for destruction, person

authorizing destruction and person destroying the document(s).

9. These requests are continuing, and require further and supplemental production if

the recipient receives or generates additional matter between the time of original production and

the time of trial.

10. If any matter covered by a request is no longer in your possession, custody or

control, describe the matter in detail and identify the present custodian.

11. Each page of a produced document shall have a legible, unique page identifier

(“Bates Number”) on the face of the image in a location that does not obliterate, conceal or interfere

with any information from the source document.

12. Electronic records and computerized information must be produced with all

metadata preserved and intact.

REQUESTS FOR DOCUMENTS

1. All documents and correspondence related to the sale or contemplated sale of

properties owned by the Companies, including but not limited to, any final or draft contracts,

correspondence related to negotiations with the prospective buyers, the status of any down

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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 potential

buyers of those properties.

3. 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.

4. All documents and communications relating to profit and loss statements of the

Companies.

5. All documents and communications relating to 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.

6. All documents and communications relating to payments, benefits, things of value,

or other consideration provided by the Companies to any of their shareholders, directors, officers,

or 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. All documents and communications relating to any analyses by real estate advisors

concerning any properties owned by the Companies.

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8. All documents and communications relating to any appraisals of any properties

owned by the Companies.

9. All documents related to the Companies’ expenses.

10. A listing of all assets of the Companies.

11. 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.

12. All documents and communications concerning any transaction between any of the

Companies and any employee, officer, or director of any of the Companies.

13. All documents concerning the Companies’ solicitation or receipt of offers to

purchase any of the Companies’ assets.

14. 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.

15. 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.

16. 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.

17. 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.

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18. All documents concerning the purchase by the Companies or Berrin Tekiner of a

home in the South of France and any subsequent sale thereof.

19. 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.

20. All documents concerning the purchase by the Companies or Berrin Tekiner of a

home in the Hamptons area of Long Island and any subsequent sale thereof.

21. 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.

22. 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.

23. 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.

24. 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.

25. All documents concerning the Companies’ purchase of a property located on the

Bowery in Manhattan and Yasemin’s role in that transaction.

26. All documents concerning the Companies’ consideration of purchasing properties

in Florida.

27. All documents concerning any complaints or concerns Yasemin raised about the

Companies’ operations, management or finances.

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28. All documents and communications concerning the Companies’ compliance with

New York State and City laws and regulations.

29. All documents concerning any complaints or concerns about the Companies’

operations, management or finances.

30. All documents concerning any problems or deficiencies of the Companies’

operations, management, or finances.

31. All documents concerning any training the Companies accounting and financial

staff have had in accounting or financial management.

32. All documents concerning the Companies’ acquisition o properties in Texas.

33. All documents concerning or reflecting the financial performance of the

Companies’ properties in Texas.

34. Any documents or communications concerning the possible or actual loss of any of

the Companies’ Texas properties and the Companies’ need to buy those properties back at auction.

35. Any documents or communications related to or reflecting the process by which

Beck & Baumann was retained by the Defendants.

36. Any documents or communications related to or reflecting Your impressions of

Berrin Tekiner’s leadership of the Companies.

37. Any documents or communications related to or reflecting Your impressions of

Gonca Tekiner’s leadership of the Companies.

38. Any documents or communications related to the capabilities, deficiencies, or

performance of Berrin Tekiner or Gonca Tekiner.

39. Any documents or communications concerning the Companies’ business plans or

strategies.

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40. All documents concerning the Trust.

41. All communications with Berrin Tekiner, Gonca Tekiner, Billur Akipek, or Zeynep

Tekiner.

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SCHEDULE B

DEPOSITION TOPICS

1. Your work relating to Bremen House, Inc., Bremen House Texas, Inc., German

News Company, Inc., German News Texas, Inc., 254 – 258 W. 35th St. LLC (“Companies”),

Berrin Tekiner, Gonca Tekiner, and/or Billur Akipek (together with Companies, “Defendants”).

2. The value of properties owned by the Companies.

3. Appraisals of any properties owned by the Companies.

4. Assets of the Companies.

5. Purchases of properties by the Companies.

6. The sale or contemplated sale of properties owned by the Companies.

7. The Companies’ solicitation or receipt of offers to purchase any of the Companies’

assets.

8. Mortgages on any of the properties owned by the Companies.

9. Distributions of revenue and/or profits relating to the Companies.

10. Expenses of the Companies.

11. Analyses of any properties owned by the Companies by real estate advisors.

12. Contracts between the Companies and any relative, friend, employee, or

independent contractor of an employee, officer, or director of any of the Companies, including the

individual Defendants.

13. Requests by any director or shareholder of the Companies to inspect the

Companies’ books and records.

14. 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.

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15. The Companies’ compliance with New York State and City laws and regulations.

16. The Companies’ management of properties owned by them.

17. The Companies’ record-keeping processes and procedures.

18. The Companies’ operations, management and finances.

19. The Companies’ strategies and business plans.

20. Berrin Tekiner’s role at the Companies.

21. Gonca Tekiner’s role at the Companies.

22. Yasemin Tekiner’s role at the Companies.

23. Sami Tekiner’s role at the Companies.

24. Berrin Tekiner’s leadership of the Companies.

25. Gonca Tekiner’s leadership of the Companies.

26. Advice provided by Beck & Baumann to the Companies regarding their financial

condition.

27. The Companies’ financial statements.

28. The Companies’ transactions.

29. Documents produced by Denise Baumann.

30. Documents produced by Beck & Baumann.

31. Documents produced by you.

Case Info

Judge

Joel M. Cohen Track Judge’s New Case

Case No.

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Document Filed Date

January 31, 2023

Case Filing Date

December 21, 2020

County

Parties

254-258 W. 35th St. LLC Defendant
Berrin Tekiner Defendant
Billur Akipek in her capacity as a Trustee of the Yasemin Tekiner 2011 Descendants Trust Defendant
Bremen House Inc. Defendant
Bremen House Texas, Inc. Defendant
CONKLIN, DONALD DAVID Attorney for the Plaintiff
DE SANTIS, JOSEPH VINCENT Attorney
Foley Hoag LLP Non Party
German News Company, Inc. Defendant
German News Texas, Inc. Defendant
GOLDBERG, ERIC A Attorney
GOLDBERG, ERIC ADAM Attorney for the Defendant
Gonca Tekiner Defendant
HARWOOD, ANTHONY J Attorney for the Plaintiff
HILL, MEGHAN ELIZABETH Attorney for the Defendant
IBRAHIM, SANJAY P Attorney for the Plaintiff
KAHN, MICHELE E. Attorney
KAHN, MICHELE E. Attorney for the Defendant
KEATING, LAWRENCE POLK Attorney for the Defendant
MANDEL, EVAN MORGEN Attorney for the Plaintiff
MANDELSBERG, STEVEN J. Attorney
Michele Kahn ESQ. Attorney for Proposed Intervenor-Plaintiff Non Party
MILLER, MATTHEW EDWARD Attorneys for Plaintiffs
MOHLER, BRYAN T. Attorney for the Defendant
Parker Ibrahim & Berg LLP Non Party
PARKER, SCOTT WESLEY Attorney for the Plaintiff
SCHLEIFSTEIN, DANIEL AARON Attorney for the Plaintiff
SHAW, RACHEL ELIZABETH Attorney for the Defendant
SOLOWAY, TODD E Attorney for the Defendant
TILTON, CLARE PRIMIANO Attorney for the Defendant
WEISSMAN, BENJAMIN HEALEY Attorney for the Plaintiff
WEISS, ZANDER ALOYSIUS Attorney for the Defendant
Yasemin Tekiner 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
YOUNGER, STEPHEN PETERS Attorney for the Plaintiff
Zeynep Tekiner (Intervenor Plaintiff) Defendant
JUDITH ARCHER Attorneys for Defendants
Philip Michaels Attorney
MATTHEW KASINDORF Attorney
Steven Young Attorney
GARY TANNENBAUM Attorney
VICTORIA CORDER Attorneys for Defendants
SEAN TOPPING Attorney
MARGARET O'NEAL Attorney
ESTHER YU Attorney
Victoria Corder Attorney
JAY SIMENS Attorney
SETH MOTT Attorney
JEFFREY GOLDMAN Attorney
BETH KAUFMAN Attorney
JEREMY KAYE Attorney
PHILIP JAWORSKYJ Attorney
TIFFANY KO Attorneys for Plaintiffs
JANET DORE Attorney
DAVID SCHWARTZ Attorneys for Defendants
LISA SCHAPIRA Attorneys for Defendants
STEPHEN PAZAN Attorney
JOHN MCDONOUGH Attorneys for Plaintiffs
ROBERT HANEY Attorneys for Plaintiffs
MICHAEL KALAN Attorney
MITCHELL KAHN Attorneys for Defendants
GARY FREIDMAN Attorneys for Plaintiffs
PHILIP MICHAELS Attorney
DAVID EISENBERG Attorney
HERBERT WEISSMAN Attorney
ANTHONY CARUSO Attorneys for Defendants
WILLIAM PARKER Attorney
DANIEL HOWARD Attorney
MARTIN MURPHY Attorneys for Plaintiffs
Matt Hanley Attorney
BENJAMIN WEISMAN Attorneys for Plaintiffs

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