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FILED: NEW YORK COUNTY CLERK 03/22/2023 05:55 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1434 RECEIVED NYSCEF: 03/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________________________________________X
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, Index No. 657193/2020
Plaintiff, Commercial Division Part 3
-against- Hon. Joel M. Cohen, J.S.C.
BREMEN HOUSE INC., GERMAN NEWS
NOTICE OF APPEAL
COMPANY, 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., 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.
PLEASE TAKE NOTICE that Plaintiff Yasemin Tekiner hereby appeals to the Appellate
Division of the Supreme Court of the State of New York, First Judicial Department, from the Decision
and Order on Motions (Mot. Seq. Nos. 042, 044, 045, 046, 047) of the Honorable Joel M. Cohen,
dated February 21, 2023, and duly entered on February 21, 2023. Plaintiff Yasemin Tekiner appeals
from this Decision and Order as to all aspects adverse to her.
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Dated: New York, New York
March 22, 2023
Respectfully submitted,
FOLEY HOAG LLP
/s/ Benjamin H. Weissman_______________
By: Benjamin H. Weissman
1301 Avenue of the Americas
New York, New York 10019
(212) 812-0365
bweissman@foleyhoag.com
Co-Counsel for Plaintiff Yasemin Tekiner
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02/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YASEMIN TEKINER, Index No. 657193/2020
in her individual capacity, as a beneficiary and a Commercial Division Part 3
Trustee of The Yasemin Tekiner 2011 Descendants
Trust and derivatively as a holder of equitable Hon. Joel M. Cohen
interests in a shareholder or a member of the
Company Defendants, Mot. Seq. No. 42, 44, 45, 46, 47
Plaintiff, NOTICE OF ENTRY
-against-
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.
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., 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.
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02/21/2023
PLEASE TAKE NOTICE, that the within is a true and correct copy of the Decision and
Order of the Supreme Court of the State of New York, New York County (Cohen J.S.C.), dated
February 21, 2023 and duly entered in the office of the Clerk of the within named court on February
21, 2023.
Dated: New York, New York PRYOR CASHMAN LLP
February 21, 2023
By: _______________________________
Todd E. Soloway
Bryan T. Mohler
Meghan E. Hill
7 Times Square
New York, New York 10036-6569
Tel: (212) 421-4100
Fax: (212) 326-0806
Attorneys for Defendants
CC: Parker Ibrahim & Berg LLP
Scott W. Parker, Esq.
Sanjay P. Ibrahim, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Foley Hoag LLP
Benjamin Weissman, Esq.
1301 Avenue of the Americas
New York, New York 10019
Kahn & Goldberg, LLP
Michele Khan, Esq.
555 Fifth Avenue, 14th Floor
New York, New York 10017
Harwood Law PLLC
Anthony Harwood, Esq.
260 Madison Ave 8th Floor
New York, NY 10016
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M
-----------------------------------------------------------------------------------X
YASEMIN TEKINER, INDEX NO. 657193/2020
Plaintiff, 01/12/2023,
01/19/2023,
-v- 01/19/2023,
MOTION DATE N/A, N/A
BREMEN HOUSE INC., GERMAN NEWS COMPANY,
INC., BERRIN TEKINER, GONCA TEKINER, BILLUR 042 044 045
AKIPEK, ZEYNEP TEKINER,
MOTION SEQ. NO. 046 047
Defendants.
DECISION + ORDER ON
MOTION
-----------------------------------------------------------------------------------X
HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 042) 973, 974, 975, 976,
977, 978, 979, 1007, 1009, 1010, 1011, 1015, 1016, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038,
1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054,
1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070,
1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1092, 1093, 1094, 1095, 1096, 1097,
1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113,
1114
were read on this motion for POST NOTE OF ISSUE DISCOVERY .
The following e-filed documents, listed by NYSCEF document number (Motion 044) 951, 952, 953, 954,
955, 956, 957, 958, 959, 960, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143,
1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159,
1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175,
1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191,
1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207,
1208, 1213, 1229, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254,
1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270,
1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280
were read on this motion to COMPEL DISCOVERY .
The following e-filed documents, listed by NYSCEF document number (Motion 045) 965, 966, 967, 968,
1209, 1210, 1214, 1230
were read on this motion to COMPEL DISCOVERY .
The following e-filed documents, listed by NYSCEF document number (Motion 046) 1081, 1082, 1083,
1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1116, 1118, 1217, 1218, 1219, 1220, 1221, 1222,
1241
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 3
Motion No. 042 044 045 046 047
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were read on this motion to VACATE NOTE OF ISSUE .
The following e-filed documents, listed by NYSCEF document number (Motion 047) 980, 981, 982, 983,
984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994, 999, 1000, 1211, 1212, 1215, 1231
were read on this motion to COMPEL DISCOVERY .
Upon the foregoing documents, and for the reasons stated on the record following oral
argument on February 17, 2023, it is
ORDERED that the motion filed by Plaintiffs Yasemin and Zeynep Tekiner, brought by
Order to Show Cause, for Post- Note of Issue discovery pursuant to 22 NYCRR 202.21(d) (Mot.
Seq. 042) is GRANTED IN PART and Plaintiffs may engage in limited discovery as set forth
on the record; the motion is otherwise DENIED; it is further
ORDERED that the motion filed by Plaintiff Yasemin Tekiner to Compel Defendants to
Produce All Non-Privileged Documents (Mot. Seq. 044) is DENIED; it is further
ORDERED that the motion filed by Plaintiff Yasemin Tekiner to Compel Defendants to
1) Provide Consent for Medical Records Subpoenas and 2) Produce All Responsive Documents
(Mot. Seq. 045) is DENIED; it is further
ORDERED that the motion filed by Plaintiffs Yasemin and Zeynep Tekiner to Vacate
Notes of Issue (Mot. Seq. 046) is DENIED; it is further
ORDERED that the motion filed by Plaintiff Yasemin Tekiner to Compel Depositions
and Document Production from Non-parties (Mot. Seq. 047) is GRANTED IN PART as stated
on the record; it is further
ORDERED that the parties upload a copy of the transcript of the proceedings to
NYSCEF upon receipt.
This constitutes the Decision and Order of the Court.
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 3
Motion No. 042 044 045 046 047
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2/21/2023
DATE JOEL M. COHEN, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED X GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 3 of 3
Motion No. 042 044 045 046 047
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Supreme Court of the State of New York
Appellate Division: ?bklm Judicial Department
Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil
Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance
show cause by which the matter was or is to be commenced, or as amended.
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
Date Notice of Appeal Filed
- against -
BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., 254 – 258 W. For Appellate Division
35TH ST. LLC BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK,in
her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust
Case Type Filing Type
" Civil Action " CPLR article 78 Proceeding " Appeal " Transferred Proceeding
" CPLR article 75 Arbitration " Special Proceeding Other " Original Proceedings " CPLR Article 78
" Habeas Corpus Proceeding " CPLR Article 78 " Executive Law § 298
" Eminent Domain " CPLR 5704 Review
" Labor Law 220 or 220-b
" Public Officers Law § 36
" Real Property Tax Law § 1278
Nature of Suit: Check up to %#$"" of the following categories which best reflect the nature of the case.
" Administrative Review " Business Relationships " Commercial " Contracts
" Declaratory Judgment " Domestic Relations " Election Law " Estate Matters
" Family Court " Mortgage Foreclosure " Miscellaneous " Prisoner Discipline & Parole
" Real Property " Statutory " Taxation " Torts
(other than foreclosure)
Informational Statement - Civil
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Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
" Amended Decree " Determination " Order " Resettled Order
" Amended Judgement " Finding " Order & Judgment " Ruling
" Amended Order " Interlocutory Decree " Partial Decree " Other (specify):
" Decision " Interlocutory Judgment " Resettled Decree
" Decree " Judgment " Resettled Judgment
Court: Supreme Court County: New York
Dated: 02/21/2023 Entered: 02/21/2023
Judge (name in full): Hon. Joel M. Cohen Index No.: 657193/2020
Stage: " Interlocutory " Final " Post-Final Trial: " Yes " No If Yes: " Jury " Non-Jury
Prior Unperfected Appeal $/' #(-$4(' "$3( Information
Are any appeals arising in the same action or proceeding currently pending in the court? " Yes " No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
2022-05139 and 2022-5142
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Commenced by: " Order to Show Cause " Notice of Petition " Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: Choose Court County: Choose County
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: Choose Court County: Choose County
Judge (name in full): Dated:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
The Court issued an Decision and Order for five discovery motions. Plaintiff is appealing all aspects
of the Decision and Order adverse to her.
Informational Statement - Civil
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Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review7 4+( *205/'3
)02 2(6(23$-7 02 .0',),&$4,0/ 40 %( $'6$/&(' $/' 4+( 31(&,),& 2(-,() 305*+4 0/ $11($-8
Among other things: to the extent the Court below precluded Plaintiffs from obtaining or offering expert
disclosure or testimony, the Court below failed to recognize that Plaintiffs were prevented from providing
expert discovery because Defendants failed to comply with their discovery obligations. Despite numerous
demands Defendants failed to produce, inter alia, bank and financial records for the Defendant entities
making it difficult, if not impossible, for Plaintiffs' experts to form opinions or create reports related to
Defendants' misconduct, including Defendants' various defalcations, self dealing, and corporate waste.
The Appellate Court should, among other things, permit Plaintiffs to obtain and offer expert disclosure
and testimony.
Party Information
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 Yasemin Tekiner Plaintiff Appellant
2 Zeynep Tekiner Plaintiff Appellant
3 Bremen House Inc. Defendant Respondent
4 German News Company Inc. Defendant Respondent
5 Berrin Tekiner Defendant Respondent
6 Gonca Tekiner Defendant Respondent
7 Billur Akipek Defendant Respondent
8
9
10
11
12
13
14
15
16
17
18
19
20
Informational Statement - Civil
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Attorney Information
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: Benjamin H. Weissman / Foley Hoag LLP
Address: 1301 Avenue of the Americas, 25th Floor
City: New York State: NY Zip: 10019 Telephone No: (212) 812-0351
E-mail Address: bweissman@foleyhoag.com
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represente' (set forth party number(s) from table above9: 1. Yasemin Tekiner
Attorney/Firm Name: Michele Kahn / Kahn & Goldberg, LLP
Address: 555 Fifth Avenue, 14th Floor
City: New York State: New York Zip: 10017 Telephone No: (212) 687-5066
E-mail Address: mk@kahngoldberg.com
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above9: 2. Zeynep Tekiner
Attorney/Firm Name: Bryan T. Mohler, Meghan Hill, Todd Soloway / Pryor Cashman LLP
Address: 7 Times Square
City: New York State: New York Zip: 10036 Telephone No: (212) 326-0466
E-mail Address:
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above9: 3-7. All Defendants/Respondents
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above9:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above9:
Attorney/Firm Name:
Address:
City: State: Zip: Telephone No:
E-mail Address:
Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above9:
Informational Statement - Civil
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FILED: NEW YORK COUNTY CLERK 03/22/2023 05:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 RECEIVED NYSCEF: 03/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________________________________________X 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, Index No. 657193/2020 Plaintiff, Commercial Division Part 3 -against- Hon. Joel M. Cohen, J.S.C. BREMEN HOUSE INC., GERMAN NEWS NOTICE OF APPEAL COMPANY, 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., 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. PLEASE TAKE NOTICE that Plaintiff Yasemin Tekiner hereby appeals to the Appellate Division of the Supreme Court of the State of New York, First Judicial Department, from the Decision and Order on Motions (Mot. Seq. Nos. 042, 044, 045, 046, 047) of the Honorable Joel M. Cohen, dated February 21, 2023, and duly entered on February 21, 2023. Plaintiff Yasemin Tekiner appeals from this Decision and Order as to all aspects adverse to her. 1 1 of 11 FILED: NEW YORK COUNTY CLERK 03/22/2023 05:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 RECEIVED NYSCEF: 03/23/2023 Dated: New York, New York March 22, 2023 Respectfully submitted, FOLEY HOAG LLP /s/ Benjamin H. Weissman_______________ By: Benjamin H. Weissman 1301 Avenue of the Americas New York, New York 10019 (212) 812-0365 bweissman@foleyhoag.com Co-Counsel for Plaintiff Yasemin Tekiner 2 2 of 11 FILED: NEW YORK COUNTY CLERK 03/22/2023 02/21/2023 05:55 04:33 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 1349 RECEIVED NYSCEF: 03/23/2023 02/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YASEMIN TEKINER, Index No. 657193/2020 in her individual capacity, as a beneficiary and a Commercial Division Part 3 Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable Hon. Joel M. Cohen interests in a shareholder or a member of the Company Defendants, Mot. Seq. No. 42, 44, 45, 46, 47 Plaintiff, NOTICE OF ENTRY -against- 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. 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., 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. 31 of of 11 5 FILED: NEW YORK COUNTY CLERK 03/22/2023 02/21/2023 05:55 04:33 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 1349 RECEIVED NYSCEF: 03/23/2023 02/21/2023 PLEASE TAKE NOTICE, that the within is a true and correct copy of the Decision and Order of the Supreme Court of the State of New York, New York County (Cohen J.S.C.), dated February 21, 2023 and duly entered in the office of the Clerk of the within named court on February 21, 2023. Dated: New York, New York PRYOR CASHMAN LLP February 21, 2023 By: _______________________________ Todd E. Soloway Bryan T. Mohler Meghan E. Hill 7 Times Square New York, New York 10036-6569 Tel: (212) 421-4100 Fax: (212) 326-0806 Attorneys for Defendants CC: Parker Ibrahim & Berg LLP Scott W. Parker, Esq. Sanjay P. Ibrahim, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Foley Hoag LLP Benjamin Weissman, Esq. 1301 Avenue of the Americas New York, New York 10019 Kahn & Goldberg, LLP Michele Khan, Esq. 555 Fifth Avenue, 14th Floor New York, New York 10017 Harwood Law PLLC Anthony Harwood, Esq. 260 Madison Ave 8th Floor New York, NY 10016 2 42 of of 11 5 FILED: NEW YORK COUNTY CLERK 03/22/2023 02/21/2023 05:55 02:01 PM 04:33 INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 1345 1349 RECEIVED NYSCEF: 03/23/2023 02/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M -----------------------------------------------------------------------------------X YASEMIN TEKINER, INDEX NO. 657193/2020 Plaintiff, 01/12/2023, 01/19/2023, -v- 01/19/2023, MOTION DATE N/A, N/A BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, BILLUR 042 044 045 AKIPEK, ZEYNEP TEKINER, MOTION SEQ. NO. 046 047 Defendants. DECISION + ORDER ON MOTION -----------------------------------------------------------------------------------X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 042) 973, 974, 975, 976, 977, 978, 979, 1007, 1009, 1010, 1011, 1015, 1016, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114 were read on this motion for POST NOTE OF ISSUE DISCOVERY . The following e-filed documents, listed by NYSCEF document number (Motion 044) 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1213, 1229, 1242, 1243, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1279, 1280 were read on this motion to COMPEL DISCOVERY . The following e-filed documents, listed by NYSCEF document number (Motion 045) 965, 966, 967, 968, 1209, 1210, 1214, 1230 were read on this motion to COMPEL DISCOVERY . The following e-filed documents, listed by NYSCEF document number (Motion 046) 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1116, 1118, 1217, 1218, 1219, 1220, 1221, 1222, 1241 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 1 of 3 Motion No. 042 044 045 046 047 53 1 of of 11 3 5 FILED: NEW YORK COUNTY CLERK 03/22/2023 02/21/2023 05:55 02:01 PM 04:33 INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 1345 1349 RECEIVED NYSCEF: 03/23/2023 02/21/2023 were read on this motion to VACATE NOTE OF ISSUE . The following e-filed documents, listed by NYSCEF document number (Motion 047) 980, 981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994, 999, 1000, 1211, 1212, 1215, 1231 were read on this motion to COMPEL DISCOVERY . Upon the foregoing documents, and for the reasons stated on the record following oral argument on February 17, 2023, it is ORDERED that the motion filed by Plaintiffs Yasemin and Zeynep Tekiner, brought by Order to Show Cause, for Post- Note of Issue discovery pursuant to 22 NYCRR 202.21(d) (Mot. Seq. 042) is GRANTED IN PART and Plaintiffs may engage in limited discovery as set forth on the record; the motion is otherwise DENIED; it is further ORDERED that the motion filed by Plaintiff Yasemin Tekiner to Compel Defendants to Produce All Non-Privileged Documents (Mot. Seq. 044) is DENIED; it is further ORDERED that the motion filed by Plaintiff Yasemin Tekiner to Compel Defendants to 1) Provide Consent for Medical Records Subpoenas and 2) Produce All Responsive Documents (Mot. Seq. 045) is DENIED; it is further ORDERED that the motion filed by Plaintiffs Yasemin and Zeynep Tekiner to Vacate Notes of Issue (Mot. Seq. 046) is DENIED; it is further ORDERED that the motion filed by Plaintiff Yasemin Tekiner to Compel Depositions and Document Production from Non-parties (Mot. Seq. 047) is GRANTED IN PART as stated on the record; it is further ORDERED that the parties upload a copy of the transcript of the proceedings to NYSCEF upon receipt. This constitutes the Decision and Order of the Court. 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 2 of 3 Motion No. 042 044 045 046 047 64 2 of of 11 3 5 FILED: NEW YORK COUNTY CLERK 03/22/2023 02/21/2023 05:55 02:01 PM 04:33 INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 1345 1349 RECEIVED NYSCEF: 03/23/2023 02/21/2023 2/21/2023 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED X GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC. Page 3 of 3 Motion No. 042 044 045 046 047 75 3 of of 11 3 5 FILED: NEW YORK COUNTY CLERK 03/22/2023 05:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 RECEIVED NYSCEF: 03/23/2023 Supreme Court of the State of New York Appellate Division: ?bklm Judicial Department Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to For Court of Original Instance show cause by which the matter was or is to be commenced, or as amended. 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 Date Notice of Appeal Filed - against - BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., 254 – 258 W. For Appellate Division 35TH ST. LLC BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK,in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust Case Type Filing Type " Civil Action " CPLR article 78 Proceeding " Appeal " Transferred Proceeding " CPLR article 75 Arbitration " Special Proceeding Other " Original Proceedings " CPLR Article 78 " Habeas Corpus Proceeding " CPLR Article 78 " Executive Law § 298 " Eminent Domain " CPLR 5704 Review " Labor Law 220 or 220-b " Public Officers Law § 36 " Real Property Tax Law § 1278 Nature of Suit: Check up to %#$"" of the following categories which best reflect the nature of the case. " Administrative Review " Business Relationships " Commercial " Contracts " Declaratory Judgment " Domestic Relations " Election Law " Estate Matters " Family Court " Mortgage Foreclosure " Miscellaneous " Prisoner Discipline & Parole " Real Property " Statutory " Taxation " Torts (other than foreclosure) Informational Statement - Civil 8 of 11 FILED: NEW YORK COUNTY CLERK 03/22/2023 05:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 RECEIVED NYSCEF: 03/23/2023 Appeal Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. " Amended Decree " Determination " Order " Resettled Order " Amended Judgement " Finding " Order & Judgment " Ruling " Amended Order " Interlocutory Decree " Partial Decree " Other (specify): " Decision " Interlocutory Judgment " Resettled Decree " Decree " Judgment " Resettled Judgment Court: Supreme Court County: New York Dated: 02/21/2023 Entered: 02/21/2023 Judge (name in full): Hon. Joel M. Cohen Index No.: 657193/2020 Stage: " Interlocutory " Final " Post-Final Trial: " Yes " No If Yes: " Jury " Non-Jury Prior Unperfected Appeal $/' #(-$4(' "$3( Information Are any appeals arising in the same action or proceeding currently pending in the court? " Yes " No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. 2022-05139 and 2022-5142 Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Commenced by: " Order to Show Cause " Notice of Petition " Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Court: Choose Court County: Choose County Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: Choose Court County: Choose County Judge (name in full): Dated: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. The Court issued an Decision and Order for five discovery motions. Plaintiff is appealing all aspects of the Decision and Order adverse to her. Informational Statement - Civil 9 of 11 FILED: NEW YORK COUNTY CLERK 03/22/2023 05:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 RECEIVED NYSCEF: 03/23/2023 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review7 4+( *205/'3 )02 2(6(23$-7 02 .0',),&$4,0/ 40 %( $'6$/&(' $/' 4+( 31(&,),& 2(-,() 305*+4 0/ $11($-8 Among other things: to the extent the Court below precluded Plaintiffs from obtaining or offering expert disclosure or testimony, the Court below failed to recognize that Plaintiffs were prevented from providing expert discovery because Defendants failed to comply with their discovery obligations. Despite numerous demands Defendants failed to produce, inter alia, bank and financial records for the Defendant entities making it difficult, if not impossible, for Plaintiffs' experts to form opinions or create reports related to Defendants' misconduct, including Defendants' various defalcations, self dealing, and corporate waste. The Appellate Court should, among other things, permit Plaintiffs to obtain and offer expert disclosure and testimony. Party Information Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 Yasemin Tekiner Plaintiff Appellant 2 Zeynep Tekiner Plaintiff Appellant 3 Bremen House Inc. Defendant Respondent 4 German News Company Inc. Defendant Respondent 5 Berrin Tekiner Defendant Respondent 6 Gonca Tekiner Defendant Respondent 7 Billur Akipek Defendant Respondent 8 9 10 11 12 13 14 15 16 17 18 19 20 Informational Statement - Civil 10 of 11 FILED: NEW YORK COUNTY CLERK 03/22/2023 05:55 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1434 RECEIVED NYSCEF: 03/23/2023 Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: Benjamin H. Weissman / Foley Hoag LLP Address: 1301 Avenue of the Americas, 25th Floor City: New York State: NY Zip: 10019 Telephone No: (212) 812-0351 E-mail Address: bweissman@foleyhoag.com Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represente' (set forth party number(s) from table above9: 1. Yasemin Tekiner Attorney/Firm Name: Michele Kahn / Kahn & Goldberg, LLP Address: 555 Fifth Avenue, 14th Floor City: New York State: New York Zip: 10017 Telephone No: (212) 687-5066 E-mail Address: mk@kahngoldberg.com Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above9: 2. Zeynep Tekiner Attorney/Firm Name: Bryan T. Mohler, Meghan Hill, Todd Soloway / Pryor Cashman LLP Address: 7 Times Square City: New York State: New York Zip: 10036 Telephone No: (212) 326-0466 E-mail Address: Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above9: 3-7. All Defendants/Respondents Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above9: Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above9: Attorney/Firm Name: Address: City: State: Zip: Telephone No: E-mail Address: Attorney Type: " Retained " Assigned " Government " Pro Se " Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above9: Informational Statement - Civil 11 of 11