On December 21, 2020 a
Motion-Secondary
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 03/29/2023 09:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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 Commercial Division Part 3
shareholder or a member of the Company Hon. Joel M. Cohen, J.S.C.
Defendants,
Motion Sequence No. 59
Plaintiff,
-against-
BREMEN HOUSE INC., GERMAN NEWS REPLY AFFIRMATION OF MICHELE
COMPANY, INC., BERRIN TEKINER, GONCA KAHN IN FUTHER SUPPORT OF KAHN
TEKINER, and BILLUR AKIPEK, in her capacity & GOLDBERG, LLP’S ORDER TO
as a Trustee of The Yasemin Tekiner 2011 SHOW CAUSE MOTION TO WITHDRAW
Descendants Trust, AS COUNSEL OF RECORD FOR
PLAINTIFF ZEYNEP TEKINER
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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FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023
MICHELE KAHN, an attorney duly admitted to practice law in the Courts of the State of
New York, hereby affirms the following under the penalties of perjury pursuant to CPLR 2106:
1. I am a member of Kahn & Goldberg, LLP (“K&G”), counsel for plaintiff Zeynep
Tekiner (“Zeynep”), and am I familiar with the matters set forth herein, having represented Zeynep
in this litigation. I submit this affirmation in further support of K&G’s motion, pursuant to CPLR
321(b)(2), for an Order granting K&G’s motion to withdraw as co-counsel of record for Zeynep,
and in reply to the affidavit in opposition of Yasemin Tekiner sworn to March 22, 2023 (“Yasemin
Affidavit”, NYSCEF Doc. 1435) and the March 22, 2023 Memorandum of Law (“Oppositin
MOL”, NYSCEF Doc. 1452).
Preliminary Statement
2. The Yasemin Affidavit itself demonstrates that the attorney-client relationship is
Yasemin’s affidavit also confirms that Plaintiffs
Yasemin’s Affidavit and K&G’s moving
papers establish that K&G should be permitted to withdraw because of the breakdown of the
relationship and because of the clients’ refusal to pay fees that are due.
3. In addition, as set forth herein:
● Much of Yasemin’s opposition affidavit consists of unsubstantiated and
inadmissible hearsay and should be disregarded
● The memorandum of law is replete with hearsay and unsworn or unverified
testimony from Mr. Harwood and should be disregarded
●
●
● Compelling K&G to stay in this case would be an extreme hardship for K&G.
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FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023
Zeynep Has Refused to Pay K&G for Work Already Performed on
Her Behalf,
4. As set forth in the moving papers, Zeynep (and Yasemin) failed and refused to
pay K&G’s invoices for work done in January and
February, 2023.
5. Plaintiffs’ refusal to pay fees constitutes a valid ground for withdrawal. N.Y. Rule
of Prof’l Conduct R. 1.16(c)(5); Holmes v Y.J.A. Realty Corp., 128 AD2d 482, 482 [1st Dept 1987].
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FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023
Yasemin's Opposition Affidavit Is Based Largely Upon Hearsay; The Memorandum
of Law Is Replete With Hearsay And Unsworn, Unverified Testimony From Mr. Harwood
9. Yasemin's affidavit is it is based largely
upon inadmissible hearsay.
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FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023
16.
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To The Extent There is Any Question
, Such Must Be Decided in One or More Plenary Actions
18.
19.
.
K&G Will Be Substantially Prejudiced if We Are Compelled to Stay in the Case
20. K&G has demonstrated good cause to be relieved. If K&G is compelled to stay in
this case, K&G will be substantially prejudiced.
21.
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.
22.
23.
24. No prior relief requested herein has been previously sought.
25. WHEREFORE, K&G respectfully request that this Court grant K&G’s
application for an Order granting K&G’s motion to withdraw as counsel of record for Zeynep
Tekiner.
Dated: New York, New York
March 29, 2023
___________________________
Michele Kahn
Tekiner/KG Withdrawal/MK REPLY Aff Supp M-Withdraw –FINAL FOR FILING
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FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023
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 2,086 which is within
the word limit.
Dated: New York, New York
March 29, 2023
Michele Kahn
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Preview
FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 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 Commercial Division Part 3 shareholder or a member of the Company Hon. Joel M. Cohen, J.S.C. Defendants, Motion Sequence No. 59 Plaintiff, -against- BREMEN HOUSE INC., GERMAN NEWS REPLY AFFIRMATION OF MICHELE COMPANY, INC., BERRIN TEKINER, GONCA KAHN IN FUTHER SUPPORT OF KAHN TEKINER, and BILLUR AKIPEK, in her capacity & GOLDBERG, LLP’S ORDER TO as a Trustee of The Yasemin Tekiner 2011 SHOW CAUSE MOTION TO WITHDRAW Descendants Trust, AS COUNSEL OF RECORD FOR PLAINTIFF ZEYNEP TEKINER 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. 1 1 of 8 FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023 MICHELE KAHN, an attorney duly admitted to practice law in the Courts of the State of New York, hereby affirms the following under the penalties of perjury pursuant to CPLR 2106: 1. I am a member of Kahn & Goldberg, LLP (“K&G”), counsel for plaintiff Zeynep Tekiner (“Zeynep”), and am I familiar with the matters set forth herein, having represented Zeynep in this litigation. I submit this affirmation in further support of K&G’s motion, pursuant to CPLR 321(b)(2), for an Order granting K&G’s motion to withdraw as co-counsel of record for Zeynep, and in reply to the affidavit in opposition of Yasemin Tekiner sworn to March 22, 2023 (“Yasemin Affidavit”, NYSCEF Doc. 1435) and the March 22, 2023 Memorandum of Law (“Oppositin MOL”, NYSCEF Doc. 1452). Preliminary Statement 2. The Yasemin Affidavit itself demonstrates that the attorney-client relationship is Yasemin’s affidavit also confirms that Plaintiffs Yasemin’s Affidavit and K&G’s moving papers establish that K&G should be permitted to withdraw because of the breakdown of the relationship and because of the clients’ refusal to pay fees that are due. 3. In addition, as set forth herein: ● Much of Yasemin’s opposition affidavit consists of unsubstantiated and inadmissible hearsay and should be disregarded ● The memorandum of law is replete with hearsay and unsworn or unverified testimony from Mr. Harwood and should be disregarded ● ● ● Compelling K&G to stay in this case would be an extreme hardship for K&G. 2 2 of 8 FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023 Zeynep Has Refused to Pay K&G for Work Already Performed on Her Behalf, 4. As set forth in the moving papers, Zeynep (and Yasemin) failed and refused to pay K&G’s invoices for work done in January and February, 2023. 5. Plaintiffs’ refusal to pay fees constitutes a valid ground for withdrawal. N.Y. Rule of Prof’l Conduct R. 1.16(c)(5); Holmes v Y.J.A. Realty Corp., 128 AD2d 482, 482 [1st Dept 1987]. 3 3 of 8 FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023 Yasemin's Opposition Affidavit Is Based Largely Upon Hearsay; The Memorandum of Law Is Replete With Hearsay And Unsworn, Unverified Testimony From Mr. Harwood 9. Yasemin's affidavit is it is based largely upon inadmissible hearsay. I 4 of 8 FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023 16. 5 of 8 FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023 To The Extent There is Any Question , Such Must Be Decided in One or More Plenary Actions 18. 19. . K&G Will Be Substantially Prejudiced if We Are Compelled to Stay in the Case 20. K&G has demonstrated good cause to be relieved. If K&G is compelled to stay in this case, K&G will be substantially prejudiced. 21. 6 6 of 8 FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023 . 22. 23. 24. No prior relief requested herein has been previously sought. 25. WHEREFORE, K&G respectfully request that this Court grant K&G’s application for an Order granting K&G’s motion to withdraw as counsel of record for Zeynep Tekiner. Dated: New York, New York March 29, 2023 ___________________________ Michele Kahn Tekiner/KG Withdrawal/MK REPLY Aff Supp M-Withdraw –FINAL FOR FILING 7 7 of 8 FILED: NEW YORK COUNTY CLERK 03/29/2023 09:15 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1498 RECEIVED NYSCEF: 03/29/2023 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 2,086 which is within the word limit. Dated: New York, New York March 29, 2023 Michele Kahn 8 8 of 8