No Value: 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)

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                                FILED: NEW YORK COUNTY CLERK 03/03/2023 07:10 PM                                                      INDEX NO. 657193/2020
NYSCEF DOC. NO. 1368                                                                         RECEIVED NYSCEF: 03/03/2023




         3SUPREME COURT OF THE STATE OF NEW YORK
         COMMERCIAL DIVISION: NEW YORK COUNTY
          -------------------------------------------------------------- x
          YASEMIN TEKINER, in her individual capacity, as :
          a beneficiary and a Trustee of The Yasemin Tekiner :               Index No.: 657193/2020
          2011 Descendants Trust and derivatively as a holder :
          of equitable interests in a shareholder or a member :              Commercial Division Part 3
          of the Company Defendants,                                     :
                                                              Plaintiff, :   Hon. Joel M. Cohen, J.S.C.
                                                                         :
                   - against –                                           :   Motion Seq. No. __
                                                                         :
          BREMEN HOUSE INC., GERMAN NEWS                                 :
          COMPANY, INC., BERRIN TEKINER, GONCA                           :
          TEKINER, and BILLUR AKIPEK, in her capacity :
          as a Trustee of The Yasemin Tekiner 2011                       :
          Descendants Trust,                                             :
                                                          Defendants. :
          -------------------------------------------------------------- x

          ZEYNEP TEKINER,                                                :   AFFIRMATION OF MATTHEW
                                                                         :   E. MILLER IN SUPPORT OF
                    in her individual capacity, as a                     :   FOLEY HOAG LLP’S MOTION
                    beneficiary and a Trustee of The Zeynep              :   BY ORDER TO SHOW CAUSE
                    Tekiner 2011 Descendants Trust and                   :   TO WITHDRAW AS CO-
                    derivatively as a holder of equitable                :   COUNSEL OF RECORD FOR
                    interests in a shareholder or a member of            :   YASEMIN TEKINER
                    the Company Defendants,                              :
                                                                         :
                                                Intervenor-Plaintiff, :
                                                                         :
                                         -                               :
                                     against-                            :
                                                                         :
          BREMEN HOUSE INC., GERMAN NEWS                                 :
          COMPANY, INC., BERRIN TEKINER, GONCA                           :
          TEKINER, and BILLUR AKIPEK, in her capacity :
          as a Trustee of The Zeynep Tekiner 2011                        :
          Descendants Trust,                                             :
                                                                         :
                                                          Defendants. :
          -------------------------------------------------------------- x




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FILED: NEW YORK COUNTY CLERK 03/03/2023 07:10 PM                                              INDEX NO. 657193/2020
NYSCEF DOC. NO. 1368                                                                   RECEIVED NYSCEF: 03/03/2023




                 MATTHEW E. MILLER, Esq., an attorney duly admitted to practice before the Courts

          of the State of New York, affirms under the penalty of perjury, pursuant to CPLR § 2106:

                 1.      I am a member of the law firm Foley Hoag LLP (“Foley”), attorneys for plaintiff

          Yasemin Tekiner (“Yasemin”) in the above-captioned matter. I am familiar with the matters set

         forth herein.

                 2.      I submit this affirmation in support of Foley’s motion, by order to show cause, to

         withdraw as counsel for Yasemin in this matter.

                 3.      This request is made by order to show cause on an emergency basis because

         (i) Yasemin has repudiated her agreement to pay legal fees owed to Foley for work on her behalf,

         (ii) Yasemin has refused to pay substantial fees to co-counsel in this matter on the same basis as

         she now refuses to pay Foley’s bills, and (iii) Foley is required to move by order to show cause,

         pursuant to Appellate Division case law.

                 4.      Pursuant to CPLR § 2217, no prior request for this relief has been sought in this

         Court or any other court.

                 5.      Given the significant overlap between Foley’s motion and the motion to withdraw

         of co-counsel Parker Ibrahim & Berg LLP (“PIB”), Foley believes that its motion should proceed

         on the same schedule as PIB’s motion: opposition/response due March 22, replies due March

         29, and return date March 30. See NYSCEF Doc. No. 1358, 1360.

                 6.      Mr. Anthony Harwood, counsel for Yasemin with respect to this and other

          withdrawal motions, has requested that his opposition to Foley’s motion be due three weeks from

          the date of any forthcoming motion by counsel for co-Plaintiff Zeynep Tekiner.

                 WHEREFORE, Foley respectfully requests that this Court grant Foley’s application for

          an Order granting Foley’s motion to withdraw as co-counsel of record for Yasemin, on an



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FILED: NEW YORK COUNTY CLERK 03/03/2023 07:10 PM                    INDEX NO. 657193/2020
NYSCEF DOC. NO. 1368                                          RECEIVED NYSCEF: 03/03/2023




         expedited basis.

         Dated: Boston, Massachusetts
                March 3, 2023
                                                 /s/ Matthew E. Miller
                                                 MATTHEW E. MILLER




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FILED: NEW YORK COUNTY CLERK 03/03/2023 07:10 PM                                           INDEX NO. 657193/2020
NYSCEF DOC. NO. 1368                                                               RECEIVED NYSCEF: 03/03/2023




                  CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17

                 I hereby certify that the foregoing Affirmation of Matthew E. Miller complies with Rule

          17 of subdivision (g) of section 202.70 of the Uniform Rules for the Supreme Court and County

          Court (Rules of Practice for the Commercial Division of the Supreme Court), and has a word

          count of less than 7,000.



          Dated: New York, New York
                 March 3, 2023



                                                                   /s/ Matthew E. Miller
                                                                   Matthew E. Miller




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