Order: 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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                                FILED: NEW YORK COUNTY CLERK 03/30/2023 11:20 AM                                                                     INDEX NO. 657193/2020
NYSCEF DOC. NO. 1491                                                                                           RECEIVED NYSCEF: 03/29/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M
          -----------------------------------------------------------------------------------X
           YASEMIN TEKINER,                                                                      INDEX NO.         657193/2020

                                                       Plaintiff,
                                                                                                 MOTION DATE        02/03/2023
                                              -v-
                                                                                                 MOTION SEQ. NO.        041
           BREMEN HOUSE INC., GERMAN NEWS COMPANY,
           INC., BERRIN TEKINER, GONCA TEKINER, BILLUR
           AKIPEK, ZEYNEP TEKINER,                                                                DECISION + ORDER ON
                                                                                                        MOTION
                                                       Defendants.
          -----------------------------------------------------------------------------------X

          HON. JOEL M. COHEN:

          The following e-filed documents, listed by NYSCEF document number (Motion 041) 970, 971, 972, 1013
          were read on this motion to                                     SEAL                               .

                    Plaintiff Yasemin Tekiner (“Yasemin”) moves for an order sealing and/or redacting

          documents filed support of Plaintiff’s Motion to Compel Defendants to provide their consent for

          subpoenas to certain hospitals pursuant to CPLR 3122(a)(2); and produce all documents

          responsive to Plaintiff’s narrower set of document requests related to mental health (NYSCEF

          966 and 968). No parties oppose this motion. For the following reasons, Yasemin’s motion is

          granted.

                    Pursuant to § 216.1 (a) of the Uniform Rules for Trial Courts, this Court may seal a filing

          “upon a written finding of good cause, which shall specify the grounds thereof. In determining

          whether good cause has been shown, the court shall consider the interests of the public as well as

          of the parties” (22 NYCRR § 216.1 [a]).

                    The Appellate Division has emphasized that “there is a broad presumption that the public

          is entitled to access to judicial proceedings and court records” (Mosallem v Berenson, 76 AD3d

          345, 348 [1st Dept 2010]). “Since the right [of public access to court proceedings] is of

           657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC.                                                        Page 1 of 3
           Motion No. 041




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FILED: NEW YORK COUNTY CLERK 03/30/2023 11:20 AM                                                INDEX NO. 657193/2020
NYSCEF DOC. NO. 1491                                                                    RECEIVED NYSCEF: 03/29/2023




          constitutional dimension, any order denying access must be narrowly tailored to serve

          compelling objectives, such as a need for secrecy that outweighs the public's right to access”

          (Danco Labs., Ltd. v Chemical Works of Gedeon Richter, Ltd., 274 AD2d 1, 6 [1st Dept 2000]

          [emphasis added]; see also, e.g. Gryphon Dom. VI, LLC v APP Intern. Fin. Co., B.V., 28 AD3d

          322, 324 [1st Dept 2006]). “Furthermore, because confidentiality is the exception and not the

          rule, ‘the party seeking to seal court records has the burden to demonstrate compelling

          circumstances to justify restricting public access’” (Maxim, Inc. v Feifer, 145 AD3d 516, 517

          [1st Dept 2016] [citations omitted]).

                    The Court has reviewed NYSCEF 968 and finds good cause exists to seal this exhibit as

          it contains sensitive medical information (see State v Bayrock Group LLC, 2017 NY Slip Op

          30358[U], 4 [Sup Ct, NY County 2017]). However, Plaintiff is directed to work with

          Defendants to file a redacted version of the Affirmation of Stephen Younger (NYSCEF 966)

          with Defendants’ medical information appropriately redacted (see NYSCEF 680 [Order and

          Decision dated August 17, 2022 on Mot. Seq. 022]).

                    Accordingly, it is:

                    ORDERED that the motion is GRANTED IN PART; it is further

                    ORDERED that the County Clerk shall maintain NYSCEF 966 and 968 under seal, so

          that the documents may only be accessible by the parties, their counsel, and authorized court

          personnel; it is further

                    ORDERED that Plaintiff shall file a redacted version of NYSCEF 966 in accordance

          with the Court’s direction above within ten (10) business days of the date of this Order; it is

          further




           657193/2020 TEKINER, YASEMIN vs. BREMEN HOUSE INC.                                    Page 2 of 3
           Motion No. 041




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FILED: NEW YORK COUNTY CLERK 03/30/2023 11:20 AM                                                   INDEX NO. 657193/2020
NYSCEF DOC. NO. 1491                                                                         RECEIVED NYSCEF: 03/29/2023




                  ORDERED as it related to future submissions, made by any party, that contain subject

          matter that the Court has authorized to be sealed by this Order, parties may file a joint

          stipulation, to be So Ordered, which will authorize the filing of such future submissions to be

          filed in redacted form on NYSCEF, provided that an unredacted copy of any redacted document

          is contemporaneously filed under seal; and it is further

                  ORDERED that nothing in this Order shall be construed as authorizing the sealing or

          redactions of any documents or evidence to be offered at trial.



                  3/29/2023
                    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. 041




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