Letter,Correspondence: 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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                                                                         Benjamin H. Weissman
                                                                         212.812.0351 direct
                                                                         bweissman@foleyhoag.com
 March 7, 2023



Via NYSCEF
Hon. Joel M. Cohen, J.S.C.
Supreme Court of the State of New York
Commercial Division
60 Centre Street, Courtroom 208
New York, New York 10007


        Re:         Tekiner v. Bremen House Inc. et al., Index No. 657193/2020

Dear Justice Cohen:

        We represent Plaintiff Yasemin Tekiner in the above-captioned action. We write to
oppose Defendants’ March 6, 2023 request (NYSCEF Doc. 1378) for an extension of the
briefing schedule on Yasemin’s and co-Plaintiff Zeynep Tekiner’s Motion Seeking the
Appointment of a Temporary Receiver and/or a Preliminary Injunction (Mot. Seq. 53) (the
“Motion”). Unfortunately, given the Plaintiffs’ lack of access to critical Company information
and the threat that Defendants’ source of funds—i.e., the Company coffers—may soon run dry,
Yasemin cannot consent to any further delay in the Court hearing their Motion to protect the
Company’s dwindling assets.

        As explained in Plaintiffs’ Motion, Defendants have prevented Yasemin and Zeynep—
both directors of the Company—from accessing the Company’s books and records and have
repeatedly rebuffed Yasemin’s and Zeynep’s requests to hold a special board meeting to assess,
among other things, the financial state of the Company. Also in their Motion, Plaintiffs have
detailed extensive self-dealing at the hands of Defendants as well as the millions of dollars that
the Company has already spent (and is almost certainly continuing to spend) on Defendants’
legal fees. And Plaintiffs have also detailed how, when Company funds were running low,
Defendants have sold Company assets to cover operating expenses and to line their own
pockets. See NYSCEF Doc. 1312. As recently as February 15, 2023, Yasemin and Zeynep
requested, as is their right pursuant to the Company by-laws, that Defendants hold a special
board meeting. Defendants have not responded, let alone held the required special board
meeting. NYSCEF Doc. 1330 ¶ 48. Defendants’ refusal to respond to these and other well-
founded requests give Plaintiffs reason to believe that time is on Defendants’ side, and that any
delay in adjudicating the Motion inures to Defendants’ own pecuniary and strategic benefit.

        Because of these concerns, Plaintiffs were willing to consent to a delay in the briefing
on their Motion only if Defendants would provide some assurance that they were not going to

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sell off any other Company properties or make any other material transactions without
Yasemin’s and Zeynep’s consent before the Court has the chance to address the Motion, the
resolution of which might threaten Defendants’ access to Company funds. See NYSCEF Doc.
1378, Ex. C (my Mar. 3, 2023 email to Mr. Mohler). Defendants refused to provide any such
assurances. See id., Ex. D (Mr. Soloway’s Mar. 6, 2023 12:30pm email to me).

        Because Defendants have prevented Yasemin and Zeynep from providing any
oversight of the Company, and because of Defendants’ history of mismanagement and self-
dealing, Plaintiffs are rightly concerned that any further delay in the Court hearing the Motion
could give Defendants more time to effectuate last minute diversions of funds and sales of
Company assets to cover such diversions and Defendants’ legal fees. Accordingly, Yasemin
respectfully requests that the Court deny Defendants’ request and allow the Motion to proceed
on the current schedule, or alternatively that the Court grant Defendants’ requested schedule
on the condition that Defendants not, without Yasemin and Zeynep’s consent and until such
time as the Court can hear the Motion, (i) sell any Company real estate assets or (ii) enter into
any transactions or make any disbursements of more than $10,000.

         We thank the Court for its attention to this matter.


                                                Sincerely,



                                                Benjamin H. Weissman

cc: All counsel of record (via NYSCEF)