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 04/03/2023 11:45 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1514 RECEIVED NYSCEF: 04/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION: NEW YORK COUNTY
-------------------------------------------------------------- x
YASEMIN TEKINER, in her individual capacity, as : Index No.: 657193/2020
a beneficiary and a Trustee of The Yasemin Tekiner :
2011 Descendants Trust and derivatively as a holder : Commercial Division Part 3
of equitable interests in a shareholder or a member :
of the Company Defendants, : Hon. Joel M. Cohen, J.S.C.
Plaintiff, :
: Motion Seq. No.
- against – :
:
BREMEN HOUSE INC., GERMAN NEWS : REPLY AFFIRMATION OF
COMPANY, INC., BERRIN TEKINER, GONCA : BENJAMIN H. WEISSMAN
TEKINER, and BILLUR AKIPEK, in her capacity : IN FURTHER SUPPORT OF
as a Trustee of The Yasemin Tekiner 2011 : PLAINTIFFS’
Descendants Trust, : MOTION TO APPOINT A
Defendants. : TEMPORARY RECEIVER
-------------------------------------------------------------- x AND/OR A PRELIMINARY
INJUNCTION TO PROTECT
COMPANY ASSETS
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. :
-------------------------------------------------------------- x
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FILED: NEW YORK COUNTY CLERK 04/03/2023 11:45 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1514 RECEIVED NYSCEF: 04/03/2023
I, BENJAMIN H. WEISSMAN, an attorney duly admitted to practice before the Courts
of the State of New York, affirm pursuant to CPLR 2106 under penalty of perjury, as follows:
1. I am a member of the law firm Foley Hoag LLP, attorneys for Plaintiff Yasemin
Tekiner (“Plaintiff” or “Yasemin”) in the above-captioned matter. I submit this reply affirmation
in further support of Plaintiffs’ Motion for the Appointment of a Temporary Receiver or
Preliminary Injunction (Motion Sequence No. 53).
2. I am familiar with the facts and circumstances of this action as set forth herein by
virtue of my personal involvement as counsel and a review of the case files.
3. A true and correct copy of the rough transcript of the March 29, 2023 deposition
of Denise Baumann is attached hereto as Exhibit A.
4. A true and correct copy of the rough transcript of the March 31, 2023 deposition
of Sadan Gurbuzturk is attached hereto as Exhibit B.
5. On February 15, 2023, Plaintiffs wrote to Berrin Tekiner to request a Special
Board Meeting. A true and correct copy of this letter is attached hereto as Exhibit C.
6. On March 21, 2023, Berrin responded, purporting to schedule the Special Board
Meeting for Monday, April 3, 2023 at the offices of Pryor Cashman, and informing Plaintiffs that
counsel for both Berrin and Gonca Tekiner Chelsea would be present. A true and correct copy of
this letter is attached hereto as Exhibit D.
7. On March 30, 2023, Plaintiffs responded to Berrin’s March 21, 2023 letter,
objecting to Berrin’s proposal that the meeting be held at Pryor Cashman’s offices and that
counsel would be present. A true and correct copy of this letter is attached hereto as Exhibit E.
8. Also on March 30, 2023, Berrin responded to Plaintiffs. A true and correct copy
of this letter is attached hereto as Exhibit F.
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FILED: NEW YORK COUNTY CLERK 04/03/2023 11:45 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1514 RECEIVED NYSCEF: 04/03/2023
9. On March 31, 2023, Plaintiffs again wrote to Berrin Tekiner further objecting to
the purported notice of a special board meeting. A true and correct copy of this letter is attached
hereto as Exhibit G.
WHEREFORE, Yasemin respectfully requests that the Court appoint a temporary
receiver to manage the Company during the pendency of this litigation and/or preliminarily
enjoining Defendants from disposing of Company assets or entering into large transactions
without Plaintiffs’ express written consent.
Dated: New York, New York
April 3, 2023
/s/ Benjamin H. Weissman
Benjamin H. Weissman
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FILED: NEW YORK COUNTY CLERK 04/03/2023 11:45 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1514 RECEIVED NYSCEF: 04/03/2023
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 the Court’s March 27, 2023
Order, and has a word count of less than 6,000 words.
Dated: New York, NY
April 3, 2023
/s/ Benjamin H. Weissman
Benjamin H. Weissman
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Preview
FILED: NEW YORK COUNTY CLERK 04/03/2023 11:45 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1514 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION: NEW YORK COUNTY -------------------------------------------------------------- x YASEMIN TEKINER, in her individual capacity, as : Index No.: 657193/2020 a beneficiary and a Trustee of The Yasemin Tekiner : 2011 Descendants Trust and derivatively as a holder : Commercial Division Part 3 of equitable interests in a shareholder or a member : of the Company Defendants, : Hon. Joel M. Cohen, J.S.C. Plaintiff, : : Motion Seq. No. - against – : : BREMEN HOUSE INC., GERMAN NEWS : REPLY AFFIRMATION OF COMPANY, INC., BERRIN TEKINER, GONCA : BENJAMIN H. WEISSMAN TEKINER, and BILLUR AKIPEK, in her capacity : IN FURTHER SUPPORT OF as a Trustee of The Yasemin Tekiner 2011 : PLAINTIFFS’ Descendants Trust, : MOTION TO APPOINT A Defendants. : TEMPORARY RECEIVER -------------------------------------------------------------- x AND/OR A PRELIMINARY INJUNCTION TO PROTECT COMPANY ASSETS 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. : -------------------------------------------------------------- x 1 1 of 4 FILED: NEW YORK COUNTY CLERK 04/03/2023 11:45 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1514 RECEIVED NYSCEF: 04/03/2023 I, BENJAMIN H. WEISSMAN, an attorney duly admitted to practice before the Courts of the State of New York, affirm pursuant to CPLR 2106 under penalty of perjury, as follows: 1. I am a member of the law firm Foley Hoag LLP, attorneys for Plaintiff Yasemin Tekiner (“Plaintiff” or “Yasemin”) in the above-captioned matter. I submit this reply affirmation in further support of Plaintiffs’ Motion for the Appointment of a Temporary Receiver or Preliminary Injunction (Motion Sequence No. 53). 2. I am familiar with the facts and circumstances of this action as set forth herein by virtue of my personal involvement as counsel and a review of the case files. 3. A true and correct copy of the rough transcript of the March 29, 2023 deposition of Denise Baumann is attached hereto as Exhibit A. 4. A true and correct copy of the rough transcript of the March 31, 2023 deposition of Sadan Gurbuzturk is attached hereto as Exhibit B. 5. On February 15, 2023, Plaintiffs wrote to Berrin Tekiner to request a Special Board Meeting. A true and correct copy of this letter is attached hereto as Exhibit C. 6. On March 21, 2023, Berrin responded, purporting to schedule the Special Board Meeting for Monday, April 3, 2023 at the offices of Pryor Cashman, and informing Plaintiffs that counsel for both Berrin and Gonca Tekiner Chelsea would be present. A true and correct copy of this letter is attached hereto as Exhibit D. 7. On March 30, 2023, Plaintiffs responded to Berrin’s March 21, 2023 letter, objecting to Berrin’s proposal that the meeting be held at Pryor Cashman’s offices and that counsel would be present. A true and correct copy of this letter is attached hereto as Exhibit E. 8. Also on March 30, 2023, Berrin responded to Plaintiffs. A true and correct copy of this letter is attached hereto as Exhibit F. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 04/03/2023 11:45 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1514 RECEIVED NYSCEF: 04/03/2023 9. On March 31, 2023, Plaintiffs again wrote to Berrin Tekiner further objecting to the purported notice of a special board meeting. A true and correct copy of this letter is attached hereto as Exhibit G. WHEREFORE, Yasemin respectfully requests that the Court appoint a temporary receiver to manage the Company during the pendency of this litigation and/or preliminarily enjoining Defendants from disposing of Company assets or entering into large transactions without Plaintiffs’ express written consent. Dated: New York, New York April 3, 2023 /s/ Benjamin H. Weissman Benjamin H. Weissman 3 3 of 4 FILED: NEW YORK COUNTY CLERK 04/03/2023 11:45 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1514 RECEIVED NYSCEF: 04/03/2023 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 the Court’s March 27, 2023 Order, and has a word count of less than 6,000 words. Dated: New York, NY April 3, 2023 /s/ Benjamin H. Weissman Benjamin H. Weissman 4 4 of 4