On December 21, 2020 a
Exhibit,Appendix
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 03/27/2023 11:28 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1473 RECEIVED NYSCEF: 03/27/2023
EXHIBIT 14
FILED: NEW YORK COUNTY CLERK 03/27/2023 11:28 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1473 RECEIVED NYSCEF: 03/27/2023
Writer’s Direct Contact:
908.333.6220 (Tel.)
PARKER IBRAHIM & BERG LLP 212.596.7036 (Fax)
scott.parker@piblaw.com
www.piblaw.com
October 6, 2022
VIA E-MAIL
Meghan E. Hill
Pryor Cashman LLP
7 Times Square
New York, New York 10036-6569
Re: Yasemin Tekiner, et al. v. Bremen House Inc., et al.
Index No.: 657193/2020
Dear Meghan:
We write with respect to Zeynep’s visit today to the Company’s office. In sum, your firm
made sure the visit would be nothing more than an unacceptable sham that was run exclusively by
your firm (in violation of ethical rules), and with no assistance from the Company’s bookkeeper,
despite Yasemin’s request.
By way of background, on September 29, 2022, Yasemin wrote to Shadan Gurbuzturk to
inquire as to the possibility of coming to the office the following week, in order to review the
Company ledger. Defendants agreed to allow that office access on October 6, 2022 at 11 am.
On October 4, 2022, Yasemin wrote to Shadan and Billur Akipek, asking that they ensure
that Shadan was actually going to attend the October 6 meeting, given her role as the Company
bookkeeper:
“Now that Billur confirmed our meeting for this Thursday at 11am, I’d like to make
sure we have at least a few hours to be able to go over the ledger. Shadan, I will
need your assistance in running some basic financial reports via the
quickbook/accounting system of expenditures, income, profit/loss, breakdowns of
the disbursements from all sales from Dec 2020 to present, etc. Please confirm that
you will be there for this. Will anyone else be in attendance for the meeting?”
(emphasis added)
On October 5, 2022, at 3:03 pm, Billur responded that Defendants were gathering
the requested bank statements and would provide them when they were ready. Further,
Billur said that: (1) between 11 am and 5 pm, Yasemin and Zeynep would be “able to
access and review the Quickbooks ledger”, (2) an unidentified “paralegal” would be there
with the log-in credentials, and (3) “no one else will be there during that time” (including
Shadan, despite Yasemin’s request).
New York Office: 5 Penn Plaza, Suite 2371 – New York, New York 10001 – 212.596.7037
New Jersey Office: 270 Davidson Avenue – Somerset, New Jersey 08873 – 908.725.9700
BOSTON – NEW JERSEY – NEW YORK – ORANGE COUNTY – PHILADELPHIA
FILED: NEW YORK COUNTY CLERK 03/27/2023 11:28 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1473 RECEIVED NYSCEF: 03/27/2023
On October 5, 2022, at 4:47 pm, Yasemin responded to Billur, noting among other
things that Billur’s proposed arrangement impeded Yasemin’s ability to perform as a
director and officer. Yasemin also questions the need for a paralegal to oversee the books
and records of the Company, given that the Company already has a full time bookkeeper
on the payroll. Billur did not respond to Yasemin.
On October 6, 2022, at 11 am, Zeynep arrived at the Company’s office, with
Yasemin also attending the meeting telephonically. Zeynep was met by an individual who
only identified himself as “Robert”, and who we (eventually) learned was an employee of
Pryor Cashman. He advised that he was there only to “monitor” Zeynep and would not
otherwise help in granting Zeynep access to QuickBooks – which is exactly why Shadan’s
presence during this meeting was necessary. He also said that, to the extent Yasemin and
Zeynep actually wanted any files, they were required to request those reports through you
and the attorneys at your firm. Zeynep gathered whatever information she could, but the
visit ended up being largely meaningless thanks to Shadan’s absence (or anyone else that
could actually assist).
It is evident that this visit was simply part of Defendants’ orchestrated plan to create
the appearance of granting Yasemin and Zeynep Company access, while in fact failing to
provide any meaningful access. Further, the visit (and the idea that Yasemin and Zeynep
need to first go to you to obtain any reports through you) is directly contrary to Justice
Cohen’s comments at the July 1, 2022 hearing that, as a director, Yasemin does not need
to go through litigation discovery in order to obtain information about the company.
Frankly, you should not be involved at all in the generation of Company reports.
Finally, your paralegal speaking directly to Zeynep violated Rule 4.2 of the Rules
of Professional Conduct, given that Zeynep is represented by counsel. The fact that it was
a paralegal, as opposed to an attorney, is irrelevant: pursuant to Rule 8.4, a lawyer or law
firm shall not “violate or attempt to violate the Rules of Professional Conduct, knowingly
assist or induce another to do so, or do so through the acts of another.” And, we note that
you did not even disclose to us before today’s meeting that a paralegal from your office
was going to be there – and all Billur said was that “a” paralegal would attend.
Very truly yours,
Scott W. Parker
cc: Stephen P. Younger, Esq.
Michele Kahn, Esq.
2