On December 21, 2020 a
No Value
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 03/03/2023 07:21 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1372 RECEIVED NYSCEF: 03/03/2023
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 03/03/2023 07:21 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1372 RECEIVED NYSCEF: 03/03/2023
EMERGENCY AFFIRMATION OF MATTHEW E. MILLER IN
SUPPORT OF FOLEY HOAG LLP’S ORDER TO SHOW CAUSE TO FILE REDCTED
DOCUMENTS IN SUPPORT OF ITS ORDER TO SHOW CAUSE TO WITHDRAW AS
CO-COUNSEL OF RECORD TO PLAINTIFF YASEMIN TEKINER
MATTHEW E. MILLER, 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, co-counsel to Plaintiff Yasemin Tekiner (“Yasemin”) in this action. I am
familiar with the matters set forth herein.
2. I make this affirmation in support of Foley Hoag LLP’s (“Foley”) Order to Show
Cause to (i) permit Foley to file its Order to Show Cause to Withdraw as Co-Counsel of Record
to Plaintiff Yasemin Tekiner (“Withdrawal Motion”) with Chambers of the Honorable Joel M.
Cohen for Ex Parte review; (ii) permit Foley to file certain documents in support of its
withdrawal motion under seal or in redacted form; and (iii) permit Foley to submit unredacted
hard copies of its withdrawal motion to the Chambers of Joel M. Cohen and serve such
unredacted document via email on Yasemin’s co-counsel and Plaintiff Zeynep Tekiner’s counsel,
with any response or reply to the withdrawal motion to be filed and submitted in the same
manner.
3. This motion is made by Order to Show Cause because this Court’s March 2
Notice specifically authorized such procedure by stating: “In the unusual circumstances
presented, in which court papers may include privileged and confidential information relating
solely to the request to withdraw as counsel, the Court will entertain a motion by Order to Show
Cause—with provisional relief requested—to permit documents with respect to the withdrawal
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FILED: NEW YORK COUNTY CLERK 03/03/2023 07:21 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1372 RECEIVED NYSCEF: 03/03/2023
motion to be filed on NYSCEF with appropriate redactions, with unredacted versions provided to
the Court in hard copy only.”
4. Consideration of this motion on an expedited basis is further warranted because of
the urgent need for immediate relief. As noted in Foley’s withdrawal motion (NYSCEF No.
1367-1370) (i) Yasemin has repudiated her agreement to pay legal fees owed to Foley for work
on her behalf, and (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.
5. The request for provisional relief is justified to allow Foley’s motion to be
submitted and heard as soon as possible and to avoid any undue prejudice to Yasemin.
6. As noted in Foley’s withdrawal motion, Yasemin has stopped paying Foley’s
invoices for services rendered and in response Foley advised it had no choice, but to move to
withdraw as Yasemin’s counsel.
7. In order for the Court to have a full picture of the circumstances leading to
Foley’s application to withdraw as Yasemin’s counsel, certain relevant confidential and/or
privileged documents and communications must be confidentially disclosed to this Court, and,
but for Foley’s application to withdraw as counsel, such documents and communications would
not be disclosed. Such documents and communications should not be revealed to Defendants’
counsel since such disclosure could prejudice Yasemin.
8. No prior application for the relief sought herein has been made to this or any other
Court.
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 07:21 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1372 RECEIVED NYSCEF: 03/03/2023
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: Boston, Massachusetts
March 3, 2023
/s/ Matthew E. Miller
MATTHEW E. MILLER
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Preview
FILED: NEW YORK COUNTY CLERK 03/03/2023 07:21 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1372 RECEIVED NYSCEF: 03/03/2023 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 03/03/2023 07:21 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1372 RECEIVED NYSCEF: 03/03/2023 EMERGENCY AFFIRMATION OF MATTHEW E. MILLER IN SUPPORT OF FOLEY HOAG LLP’S ORDER TO SHOW CAUSE TO FILE REDCTED DOCUMENTS IN SUPPORT OF ITS ORDER TO SHOW CAUSE TO WITHDRAW AS CO-COUNSEL OF RECORD TO PLAINTIFF YASEMIN TEKINER MATTHEW E. MILLER, 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, co-counsel to Plaintiff Yasemin Tekiner (“Yasemin”) in this action. I am familiar with the matters set forth herein. 2. I make this affirmation in support of Foley Hoag LLP’s (“Foley”) Order to Show Cause to (i) permit Foley to file its Order to Show Cause to Withdraw as Co-Counsel of Record to Plaintiff Yasemin Tekiner (“Withdrawal Motion”) with Chambers of the Honorable Joel M. Cohen for Ex Parte review; (ii) permit Foley to file certain documents in support of its withdrawal motion under seal or in redacted form; and (iii) permit Foley to submit unredacted hard copies of its withdrawal motion to the Chambers of Joel M. Cohen and serve such unredacted document via email on Yasemin’s co-counsel and Plaintiff Zeynep Tekiner’s counsel, with any response or reply to the withdrawal motion to be filed and submitted in the same manner. 3. This motion is made by Order to Show Cause because this Court’s March 2 Notice specifically authorized such procedure by stating: “In the unusual circumstances presented, in which court papers may include privileged and confidential information relating solely to the request to withdraw as counsel, the Court will entertain a motion by Order to Show Cause—with provisional relief requested—to permit documents with respect to the withdrawal 2 2 of 4 FILED: NEW YORK COUNTY CLERK 03/03/2023 07:21 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1372 RECEIVED NYSCEF: 03/03/2023 motion to be filed on NYSCEF with appropriate redactions, with unredacted versions provided to the Court in hard copy only.” 4. Consideration of this motion on an expedited basis is further warranted because of the urgent need for immediate relief. As noted in Foley’s withdrawal motion (NYSCEF No. 1367-1370) (i) Yasemin has repudiated her agreement to pay legal fees owed to Foley for work on her behalf, and (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. 5. The request for provisional relief is justified to allow Foley’s motion to be submitted and heard as soon as possible and to avoid any undue prejudice to Yasemin. 6. As noted in Foley’s withdrawal motion, Yasemin has stopped paying Foley’s invoices for services rendered and in response Foley advised it had no choice, but to move to withdraw as Yasemin’s counsel. 7. In order for the Court to have a full picture of the circumstances leading to Foley’s application to withdraw as Yasemin’s counsel, certain relevant confidential and/or privileged documents and communications must be confidentially disclosed to this Court, and, but for Foley’s application to withdraw as counsel, such documents and communications would not be disclosed. Such documents and communications should not be revealed to Defendants’ counsel since such disclosure could prejudice Yasemin. 8. No prior application for the relief sought herein has been made to this or any other Court. Dated: Boston, Massachusetts March 3, 2023 /s/ Matthew E. Miller MATTHEW E. MILLER 3 3 of 4 FILED: NEW YORK COUNTY CLERK 03/03/2023 07:21 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1372 RECEIVED NYSCEF: 03/03/2023 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: Boston, Massachusetts March 3, 2023 /s/ Matthew E. Miller MATTHEW E. MILLER 4 4 of 4