On December 21, 2020 a
Motion-Secondary
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 03/06/2023 04:43 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1374 RECEIVED NYSCEF: 03/06/2023
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 Index No. 657193/2020
2011 Descendants Trust and derivatively as
a holder of equitable interests in a Motion Seq. No.:
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.
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FILED: NEW YORK COUNTY CLERK 03/06/2023 04:43 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1374 RECEIVED NYSCEF: 03/06/2023
EMERGENCY AFFIRMATION OF BENJAMIN H. WEISSMAN IN
SUPPORT OF PLAINTIFF’S ORDER TO SHOW CAUSE TO SEAL CERTAIN
DOCUMENTS FILED IN CONNECTION WITH PLAINTIFFS’ (1) ORDER TO SHOW
CAUSE TO TAKE POST-NOTE OF ISSUE DISCOVERY, (2) MOTIONS TO COMPEL
RECORDS AND DEPOSITIONS AND (3) MOTION SEEKING APPOINTMENT OF A
TEMPORARY RECEIVER TO MANAGE THE COMPANY AND/OR A
PRELIMINARY INJUNCTION TO PROTECT THE COMPANY’S ASSETS
BENJAMIN H. WEISSMAN, being duly sworn, pursuant to C.P.L.R. § 2106, hereby
affirms the following to be true and correct under penalty of perjury:
1. I am an attorney duly admitted to practice before the courts of the State of New
York and am a member of the firm Foley Hoag LLP, located at 1301 Avenue of the Americas,
New York, NY 10019, counsel to Plaintiff Yasemin Tekiner (“Plaintiff”) in this action.
2. I make this affirmation in support of the application of Plaintiff to file under seal
the documents listed in the Sealing Chart that were filed in support of (1) Plaintiffs’ Order to
Show Cause for Leave to Take Post-Note of Issue Discovery and for a Negative Inference, and
alternatively, for a Case Management Conference to Appoint a Special Discovery Master, (2)
Plaintiffs’ Motion to Compel Records and Depositions, and (3) Plaintiffs’ Motion Seeking the
Appointment of a Temporary Receive to Manage the Company and/or a Preliminary Injunction
to Protect the Company’s Assets. The proposed sealed documents contain information that
Defendants have designated as confidential pursuant to the Amended Stipulation and Order for
the Production and Exchange of Confidential Information [NYSCEF No. 856] (the
“Confidentiality Stipulation”) in this case, based on Defendants’ contention that these documents
contain sensitive business information and/or personal potentially identifying information. A true
and correct copy of the Sealing Chart is attached hereto as Exhibit A.
3. Accordingly, Plaintiff respectfully requests that the Court issue an order
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FILED: NEW YORK COUNTY CLERK 03/06/2023 04:43 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1374 RECEIVED NYSCEF: 03/06/2023
permitting Plaintiff to file these documents under seal to protect their confidentiality as provided
for in the Confidentiality Stipulation.
4. No prior application for the relief sought herein has been made to this or any other
Court.
Dated: New York, New York
March 6, 2023
/s/ Benjamin H. Weissman
Benjamin H. Weissman
FOLEY HOAG LLP
1301 Avenue of the Americas
New York, NY 10019
(212) 812-0351
bweissman@foleyhoag.com
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FILED: NEW YORK COUNTY CLERK 03/06/2023 04:43 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1374 RECEIVED NYSCEF: 03/06/2023
CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17
I hereby certify that the foregoing Affirmation 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 words.
Dated: New York, NY
March 6, 2023
/s/ Benjamin H. Weissman
Benjamin H. Weissman
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Preview
FILED: NEW YORK COUNTY CLERK 03/06/2023 04:43 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1374 RECEIVED NYSCEF: 03/06/2023 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 Index No. 657193/2020 2011 Descendants Trust and derivatively as a holder of equitable interests in a Motion Seq. No.: 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. 1 1 of 4 FILED: NEW YORK COUNTY CLERK 03/06/2023 04:43 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1374 RECEIVED NYSCEF: 03/06/2023 EMERGENCY AFFIRMATION OF BENJAMIN H. WEISSMAN IN SUPPORT OF PLAINTIFF’S ORDER TO SHOW CAUSE TO SEAL CERTAIN DOCUMENTS FILED IN CONNECTION WITH PLAINTIFFS’ (1) ORDER TO SHOW CAUSE TO TAKE POST-NOTE OF ISSUE DISCOVERY, (2) MOTIONS TO COMPEL RECORDS AND DEPOSITIONS AND (3) MOTION SEEKING APPOINTMENT OF A TEMPORARY RECEIVER TO MANAGE THE COMPANY AND/OR A PRELIMINARY INJUNCTION TO PROTECT THE COMPANY’S ASSETS BENJAMIN H. WEISSMAN, being duly sworn, pursuant to C.P.L.R. § 2106, hereby affirms the following to be true and correct under penalty of perjury: 1. I am an attorney duly admitted to practice before the courts of the State of New York and am a member of the firm Foley Hoag LLP, located at 1301 Avenue of the Americas, New York, NY 10019, counsel to Plaintiff Yasemin Tekiner (“Plaintiff”) in this action. 2. I make this affirmation in support of the application of Plaintiff to file under seal the documents listed in the Sealing Chart that were filed in support of (1) Plaintiffs’ Order to Show Cause for Leave to Take Post-Note of Issue Discovery and for a Negative Inference, and alternatively, for a Case Management Conference to Appoint a Special Discovery Master, (2) Plaintiffs’ Motion to Compel Records and Depositions, and (3) Plaintiffs’ Motion Seeking the Appointment of a Temporary Receive to Manage the Company and/or a Preliminary Injunction to Protect the Company’s Assets. The proposed sealed documents contain information that Defendants have designated as confidential pursuant to the Amended Stipulation and Order for the Production and Exchange of Confidential Information [NYSCEF No. 856] (the “Confidentiality Stipulation”) in this case, based on Defendants’ contention that these documents contain sensitive business information and/or personal potentially identifying information. A true and correct copy of the Sealing Chart is attached hereto as Exhibit A. 3. Accordingly, Plaintiff respectfully requests that the Court issue an order 2 2 of 4 FILED: NEW YORK COUNTY CLERK 03/06/2023 04:43 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1374 RECEIVED NYSCEF: 03/06/2023 permitting Plaintiff to file these documents under seal to protect their confidentiality as provided for in the Confidentiality Stipulation. 4. No prior application for the relief sought herein has been made to this or any other Court. Dated: New York, New York March 6, 2023 /s/ Benjamin H. Weissman Benjamin H. Weissman FOLEY HOAG LLP 1301 Avenue of the Americas New York, NY 10019 (212) 812-0351 bweissman@foleyhoag.com 3 3 of 4 FILED: NEW YORK COUNTY CLERK 03/06/2023 04:43 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1374 RECEIVED NYSCEF: 03/06/2023 CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17 I hereby certify that the foregoing Affirmation 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 words. Dated: New York, NY March 6, 2023 /s/ Benjamin H. Weissman Benjamin H. Weissman 4 4 of 4