Preview
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
Exhibit 3
= INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
MANDEI BHANDARI
tip
80 Pine Street | 33rd Floor | New York, NY | 10005 | T. (212) 269 -5600 | F. (646) 964-666: www.mandelbhandari.com
March 1, 2022
Hon. Joel M. Cohen, J.S.C
Supreme Court of the State of New York
60 Centre Street, Courtroom 208, New York, NY 10007
Re Tekiner v. Bremen House, et al., No. 657193, 5/2020 ae Disputes re
Plaintiff's Ability to Receive Discovery Into
Dear Justice Cohen
We represent Plaintiff Yasemin Tekiner (‘Plaintiff’) in the above-referenced matter and
write under Commercial Division Rule 14 to address a discovery dispute that the parties have been
unable to resolve in multiple meet-and-confers. We will ask the Court to
As Your Honor knows, this case involves allegations by Plaintiff that the Defendants have
mismanaged the Defendant companies as _well_as Plaintiff's trust, within which many of the
Defendants have fiduciar roles.
Further, Defendants breached their
fiduciary duties by (i) giving Defendant Gonca Tekiner an above-market ten- Ci employment
contract; and (ii) after Gon
the contract even though
W: erminated for, among other thin,
effectively voided it.
a
reinstating
"i >
>
Despite this, Defendants have stonewalled all attempts at discovery into the veracity of
Berrin’s allegations that her and Gonca’s a
issues have in no way “impaired the management or operations
have been “limited” or that those
of the Companies.” In response to
Berrin’s allegations, Plaintiff requested Defendants roduce document: and_ commun.
about (1)
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
Hon. Joel M. Cohen, J.S.C.
March 1, 2022
Page 2
or (2
See Ex. A. In response
Id. Likewise, during
the depo: ions of Zeynep Tekiner and Billur Tekiner, counsel for Zeynep Tekiner as well as the
Defendants repeated! instructed the witnesses not to answer questions about Berrin’s and Gonca’s
See, e.g., Ex. B (Excerpt of Zeynep Tekiner
Deposition Transcript) at 252:11-22 (instructing Zeynep not to answer question about Gonca’s
; Ex. B at 332:19-22 (instructing Zeynep not to answer questions about Berrin’s
Ex. B at 332:4-10 (instructing Zeynep not to di lose whether her mother
; Ex. C (Excerpt of Billur Akipek Deposition Transcript) at 234-243 ul “
witness not to answer uestions about whether Berrin or Gonca appeared
Defendants have no basis to preclude testimony or discovery into these critical issues. In
New York, discovery is permitted if the sought-after evidence is “reasonably calculated to lead to
the discovery of information bearing on the claims.” Abrams v. Pecile, 83 A.D.3d_527, 528 Ist
De t 2011 uoting V1 vas v. Campbell. 4 A.D.3d 417, 418 (2d De; °t 2004
Full discovery into these al.
for example, for this Court to ass whether the Defendants should continue to serve as fiduciaries
of Plaintiffs trust as well as what type of equitable remedies should be imposed if Plaintiff
succeeds in her claims. Indeed, as the Court itself noted, Plaintiff’s main factual “allegation is that
in this particular case, she is alleging that there's core instability and that it's affecting the way the
business is run.”
To the extent that Defendants attempt to shield this discovery on {
those efforts fail. First.
As explained by the
First Department, “[w]hile confiden 1 communicatio' are subject to statutory protection, the
mere facts and incidents of a are not protected. Thus, the nonparty
witnesses may be deposed as to their observatio: laypersons, but not as to information acquired
from persons who attended to the patient in a professional capacity.”
Laura Inger M. vy. Hillside Children's Ctr., 15 A.D.3d 293, 294-95 (1st Dept. 2005) (internal
citations omitted). There was, and remains, no bas: for Defendants to instruct witnesses such as
Zeynep Tekiner not to testify about other
But equally important, Defendants have waived any privileges that would otherwise exist
over the Defendants’ a by directly injecting these issues into the litigation.
PK O WV INDEX NO. 657193/2020
YO OUN 04/12/
NYSCEF DO NO. 1563 RECEIVED NYSCEF: 04/12/2023
Hon. Joel M. Cohen, J.S.C
March 1, 022
Page 3
Respectfully submitted,
Evan fandel
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
EXHIBIT A
INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
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 DEFENDANTS’ RESPONSE TO
shareholder or a member of the Company PLAINTIFF’S FIRST REQUEST FOR
Defendants, PRODUCTION OF DOCUMENTS
Plaintiff,
-against-
BREMEN HOUSE INC., BREMEN HOUSE
TEXAS, INC., GERMAN NEWS COMPANY,
INC., GERMAN NEWS TEXAS, 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.
Pursuant to Section 3122 of the New York Civil Practice Law and Rules, Defendants
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY,
INC., GERMAN NEWS TEXAS, INC. 254 — 258 W. 35TH ST. LLC (collectively the
“Companies” or “Company Defendants”), BERRIN TEKINER, GONCA TEKINER, and
BILLUR AKIPEK (collectively, the “Individual Defendants” and together with the Company
Defendants, the “Defendants”), by and through their undersigned counsel, respond as follows to
Plaintiff's First Set of Requests for Production of Documents, dated February 1, 2021 (the
“Requests” and each, a “Request” ).
INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
any documents concerning the subject matter of the request for a six-year time period, which
information is not “material and necessary” to the claims and defenses in the case nor reasonable
in light of the effort and expense necessary to obtain the information. Defendants further object
to this Request as irrelevant to the extent it seeks information prior to the relevant time period of
the Complaint, which is not necessary in the prosecution or defense of this action.
Subject to and without waiving their objections, Defendants will search for and produce
responsive, non-privileged documents, if any, from January 1, 2015 to the present, sufficient to
show the amounts paid by the Companies to retain the Texas properties.
REQUEST FOR PRODUCTION NO. 82:
Any documents or communications concerning any ee
that Berrin Tekiner or Gonca Tekiner have received.
RESPONSE TO REQUEST FOR PRODUCTION NO. 82:
Defendants incorporate by reference their Objections to Definitions and Instructions as
though fully set forth herein. Defendants object to this Request because it seeks information that
is not “material and necessary” to the claims and defenses in the case. Defendants further object
to this Request as vague and ambiguous because it fails to define what hii
a to which it refers. Defendants further object to this Request as overly broad
and unduly burdensome, because it seeks any documents concerning the subject matter of the
request for a six-year time period, which information is not “material and necessary” to the claims
and defenses in the case nor reasonable in light of the effort and expense necessary to obtain the
information. Defendants further object to this Request because it seeks information protected by
the physician-patient or other applicable privilege.
Subject to and without waiving their objections, Defendants decline to search for
documents in response to this Request.
INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
necessary to obtain the information. Defendants further object to this Request to the extent it seeks
information protected by the physician-patient or other applicable privilege.
Subject to and without waiving their objections, Defendants decline to search for
documents in response to this Request.
REQUEST FOR PRODUCTION NO. 85:
All documents or communications concerning any impact the
by Berrin Tekiner or Gonca Tekiner has had on the management of the
Companies.
RESPONSE TO REQUEST FOR PRODUCTION NO. 85:
Defendants incorporate by reference their Objections to Definitions and Instructions as
though fully set forth herein. Defendants object to this Request as duplicative of Request Nos. 82
and 84. Defendants object to this Request because it seeks information that is not “material and
necessary” to the claims and defenses in the case. Defendants further object to the phrase “any
impact” as used in this Request as vague and ambiguous. Defendants further object to this Request
as overly broad and unduly burdensome because it seeks a// documents or communications
concerning any “impact,” which is not defined and which information is not “material and
necessary” to the claims and defenses in the case nor reasonable in light of the effort and expense
necessary to obtain the information and is merely a fishing expedition. Defendants further object
to this Request to the extent it seeks information protected by the physician-patient or other
applicable privilege.
Subject to and without waiving their objections, Defendants decline to search for
documents in response to this Request.
REQUEST FOR PRODUCTION NO. 86:
All documents concerning any legal bills rendered to any of the Individual Defendants for
legal or other services in connection with this litigation and the payment thereof.
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF 04/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
Index No. 657193/20
- oe
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,
Plaintiff,
- against -
10 BREMEN HOUSE INC., BREMEN HOUSE TEXAS,
INC., GERMAN NEWS COMPANY, INC., GERMAN
11 NEWS TEXAS, INC., 254 - 258 W. 35TH ST. LLC,
BERRIN TEKINER, GONCA TEKINER, and
12 BILLUR AKIPEK, in her capacity as a Trustee of
The Yasemin Tekiner 2011 Descendants Trust,
13 Defendants.
14 - oe
15 Remote Deposition
16 December 22, 2021
17 9:37 a.m.
18
19 DEPOSITION of ZEYNEP TEKINER, taken by
20 Plaintiff, via Zoom, before Eleanor Greenhouse, a
21 Shorthand Reporter and Notary Public within and
22 for the State of New York.
23
GREENHOUSE REPORTING, INC.
24 313 West 118th Street - Unit 4C
New York, New York 10026
25 (212) 279-5108
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF 04/12/2023
APPEARANCES:
FOLEY HOAG LLP
Attorneys for Plaintiff
1301 Avenue of the Americas
New York, New York 10019
STEPHEN P. YOUNGER, ESQ.
MANDEL BHANDARI LLP
Attorneys for Plaintiff
80 Pine Street, 33rd Floor
New York, New York 10005
10 BY EVAN MANDEL, ESQ.
11 DONALD CONKLIN, ESQ.
12
13 NORTON ROSE FULBRIGHT US LLP
14 Attorneys for Defendants
1301 Avenue of the Americas
15 New York, New York 10019-6022
16 BY JUDITH A. ARCHER, ESQ.
17 VICTORIA V. CORDER, ESQ.
18
19 SCHOEMAN UPDIKE KAUFMAN & GERBER LLP
20 Attorneys for the Witness
551 Fifth Avenue, 12th Floor
21 New York, New York 10176
22 BY BETH L. KAUFMAN, ESQ.
23
24 ALSO PRESENT:
25 GEORGE LIBBARES, Videographer
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
142
A Around 2001 or 2002, I think.
Q And you thought -- when Yasemin said
that, you asked, ay
No, Gonca.
Gonca did. I'm sorry. And what did
Hl mean?
Did you have that conclusion that
10 ee
11 MS. ARCHER: Object to the form.
12 Do you know what a
13 Yes, I do, yes.
14 And was it your belief that a
16 MS. ARCHER: The same objection.
17 Yes.
18 MS. CORDER: I'm sorry. Beth is
19 trying to speak and her voice isn't coming
20 through.
21 MR. YOUNGER: That's a little bit
22 helpful, Victoria. Thank you.
23 Let's go to the next exhibit --
24 MS. ARCHER: Beth, did you have
25 something to put on the record here?
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
171
to -- I don't know how to characterize her. It's
obviously very complicated, but there could be --
looks like and sometimes feels like there are
sce
Q When you referred to ee
Meet part of
ae:
MS. KAUFMAN: Objection.
MS. ARCHER: Objection to form.
10 Calls for a medical conclusion.
11 MS. KAUFMAN: I don't think that was
12 her testimony.
13 A I don't -- obviously this cannot be
14 a medical opinion but from what I understand,
15 ee, you
16 know -- I don't know if there are -- and I'm
17 obviously not a doctor. But from what I
18 understand, they have moments of just being very
19 grounded and like very present, and then they
20 have -- like they can go into psychosis, kind of
21 a psychosis. This is my understanding of it.
22 DIR Q And did you ever learn that your mom
23 was diagnosed with BPD?
24 MS. KAUFMAN I'm directing her not
25 to answer.
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
252
Mr. Mandel, went through this. We're going
to allow you to ask certain questions about
what she has observed but there are going
to be times when I may instruct her not to
answer.
MR YOUNGER: For which you have no
standing
MS ARCHER: Says you.
MR. YOUNGER: I haven't seen you
10 cite a case.
11 Q Have you ever observed your sister
12 Gonca, since 2014, possessing any illegal drugs?
13 A Illegal, not that I'm aware of.
14 Q Any other kinds of drugs?
15 MS. ARCHER: Objection. If we're
16 getting into prescription drugs, this is
17 inappropriate.
18 Q Have you seen her using Xanax?
19 MS. ARCHER: Objection. I'm going
20 to instruct this witness not to answer to
21 the extent that we're talking about -- stop
22 interrupting, Steve.
23 MR. YOUNGER: As soon as you cite a
24 case, T'll let you talk all you want.
25 MS. ARCHER: Stop interrupting,
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
270
the companies." That's not true, is it?
MS. KAUFMAN: Objection to the form.
MS. ARCHER: Objection.
MS. KAUFMAN: But you can answer.
A They may have.
Q In what way would they have in your
mind impaired the management or operations of the
company, Gonca's issues?
MS. KAUFMAN: She didn't say that
10 they did. She said they may have.
11 Q In what way?
12 A Frequent -- you know, frequently not
13 being at the office or having a lot of personal
14 issues. Just not being very present with things
15 that, you know, should be maybe dealt with at the
16 office.
17 Q And it's also kind of hard to run a
18 business when she was high during 2019; correct?
19 MS. ARCHER: Objection.
20 MS. KAUFMAN: Objection to form.
21 The witness just responded to your question
22 as to what prevented her from being able to
23 handle management and operations of the
24 companies.
25 MS. ARCHER: If anything.
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
290
count.
MR. YOUNGER: As I said there will
be an official count.
MS. ARCHER: Yes, there will.
Please just move on.
MR. YOUNGER: Can you pull up 105
which is Plaintiff's Exhibit 43.
(Plaintiff's Exhibit 43, e-mail
bearing Bates stamp TEKINERO0081958 from
10 Zeynep to Yasemin, marked for
11 identification.)
12 MR. YOUNGER: For the record it's an
13 e-mail bearing TEKINERO0081958 from Zeynep
14 to Yasemin.
15 Q Did you send that e-mail?
16 Yes, I did.
17 To your sister Yasemin in April of
18 2017?
19 Yes.
20 And you said you were sad and
21 disturbed, referring to G. Is G Gonca?
22 A Yes.
23 Q About her "paranoid Xanaxed
24 bordering on psychosis states." Is that right?
25 MS. ARCHER: Object to the form.
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
291
Is that right?
Yes.
Q What were you referring to?
A This must be after the dinner that
we all had which -- it was referring to my mom
and Gonca, yes, getting very, you know, very,
very paranoid, taking Xanax probably and acting
what I thought was at the time psychotic.
Q You didn't say probably about Xanax,
10 did you?
11 MS. KAUFMAN: Objection to the form.
12 MS. ARCHER: And to the extent we're
13 getting into, again, prescriptions that are
14 prescribed, it is inappropriate
15 questioning.
16 Q What did you mean by Xanax?
17 A That they take -- that I believe
18 them to be taking a lot of Xanax on a regular
19 basis.
20 Q And it affects their ability to
21 operate in a coherent way?
22 MS. KAUFMAN: Objection to the form.
23 MS. ARCHER: I absolutely object to
24 the form and to the extent we're talking
25 about prescription drugs, I would ask the
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
292
witness not to respond. This doesn't show
anything about work and, in fact, she
talked about a dinner between the family.
This is all knowledge that she's got based
on her personal relationships.
Q Can you answer?
A Can you repeat the question?
Q It's kind of hard when she goes on
and on, but what did you mean by Xanax?
10 MS. ARCHER: Objection. Asked and
11 answered.
12 A That they would get anxious, take a
--
13 lot of Xanax, and yes, Xanax, taking a lot of
14 Xanax, getting very -- acting unstable.
15 Q And it borders on a psychosis state;
16 is that correct?
17 A Yes
18 MS. KAUFMAN: Objection to the form.
19 MS. ARCHER: Objection to the form.
20 MR. YOUNGER: She already said yes.
21 Q And you're referring to both your
22 mother and Gonca in this e-mail in April 2017;
23 correct?
24 A Yes
25 And you're talking about plotting
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
332
and then we will see what comes next.
A She went back to her apartment and
then she moved to Scarsdale.
DIR Q And did she then [ay
MS. KAUFMAN: Objection.
MS. ARCHER: Object to the form. I
would instruct the witness not to answer.
10 MS. KAUFMAN: Don't answer this one.
11 DIR Q Do you remember Yasemin objecting
12 and saying,
13 MS. KAUFMAN: Objection.
14 MS. ARCHER: The same objection,
15 same instruction.
16 MR. YOUNGER: Are you instructing
17 her not to answer?
18 MS. KAUFMAN: Yes, I did.
19 DIR Q How many times has your mother
20 attempted suicide?
21 MS. KAUFMAN Objection. Don't
22 answer.
23 MR. YOUNGER On what basis?
24 MS. KAUFMAN On the same basis we
25 put on the record numerous times. It has
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023
EXHIBIT C
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF 04/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
Index No. 657193/20
- oe
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,
Plaintiff,
- against -
10 BREMEN HOUSE INC., BREMEN HOUSE TEXAS,
INC., GERMAN NEWS COMPANY, INC., GERMAN
11 NEWS TEXAS, INC., 254 - 258 W. 35TH ST. LLC,
BERRIN TEKINER, GONCA TEKINER, and
12 BILLUR AKIPEK, in her capacity as a Trustee of
The Yasemin Tekiner 2011 Descendants Trust,
13 Defendants.
14 - oe
15 Remote Deposition
16 December 8, 2021
17 9:36 a.m.
18
19 DEPOSITION of BILLUR AKIPEK, taken by
20 Plaintiff, via Zoom, before Eleanor Greenhouse, a
21 Shorthand Reporter and Notary Public within and
22 for the State of New York.
23
GREENHOUSE REPORTING, INC.
24 313 West 118th Street - Unit 4C
New York, New York 10026
25 (212) 279-5108
Greenhouse Reporting, Inc. (212) 279-5108
www.GreenhouseReporting.com
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1563 RECEIVED NYSCEF 04/12/2023
APPEARANCES:
MANDEL BHANDARI LLP
Attorneys for Plaintiff
80 Pine Street, 33rd Floor
New York, New York 10005
BY EVAN MANDEL, ESQ.
NORTON ROSE FULBRIGHT US LLP
10 Attorneys for De
Preview
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 Exhibit 3 = INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 MANDEI BHANDARI tip 80 Pine Street | 33rd Floor | New York, NY | 10005 | T. (212) 269 -5600 | F. (646) 964-666: www.mandelbhandari.com March 1, 2022 Hon. Joel M. Cohen, J.S.C Supreme Court of the State of New York 60 Centre Street, Courtroom 208, New York, NY 10007 Re Tekiner v. Bremen House, et al., No. 657193, 5/2020 ae Disputes re Plaintiff's Ability to Receive Discovery Into Dear Justice Cohen We represent Plaintiff Yasemin Tekiner (‘Plaintiff’) in the above-referenced matter and write under Commercial Division Rule 14 to address a discovery dispute that the parties have been unable to resolve in multiple meet-and-confers. We will ask the Court to As Your Honor knows, this case involves allegations by Plaintiff that the Defendants have mismanaged the Defendant companies as _well_as Plaintiff's trust, within which many of the Defendants have fiduciar roles. Further, Defendants breached their fiduciary duties by (i) giving Defendant Gonca Tekiner an above-market ten- Ci employment contract; and (ii) after Gon the contract even though W: erminated for, among other thin, effectively voided it. a reinstating "i > > Despite this, Defendants have stonewalled all attempts at discovery into the veracity of Berrin’s allegations that her and Gonca’s a issues have in no way “impaired the management or operations have been “limited” or that those of the Companies.” In response to Berrin’s allegations, Plaintiff requested Defendants roduce document: and_ commun. about (1) FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 Hon. Joel M. Cohen, J.S.C. March 1, 2022 Page 2 or (2 See Ex. A. In response Id. Likewise, during the depo: ions of Zeynep Tekiner and Billur Tekiner, counsel for Zeynep Tekiner as well as the Defendants repeated! instructed the witnesses not to answer questions about Berrin’s and Gonca’s See, e.g., Ex. B (Excerpt of Zeynep Tekiner Deposition Transcript) at 252:11-22 (instructing Zeynep not to answer question about Gonca’s ; Ex. B at 332:19-22 (instructing Zeynep not to answer questions about Berrin’s Ex. B at 332:4-10 (instructing Zeynep not to di lose whether her mother ; Ex. C (Excerpt of Billur Akipek Deposition Transcript) at 234-243 ul “ witness not to answer uestions about whether Berrin or Gonca appeared Defendants have no basis to preclude testimony or discovery into these critical issues. In New York, discovery is permitted if the sought-after evidence is “reasonably calculated to lead to the discovery of information bearing on the claims.” Abrams v. Pecile, 83 A.D.3d_527, 528 Ist De t 2011 uoting V1 vas v. Campbell. 4 A.D.3d 417, 418 (2d De; °t 2004 Full discovery into these al. for example, for this Court to ass whether the Defendants should continue to serve as fiduciaries of Plaintiffs trust as well as what type of equitable remedies should be imposed if Plaintiff succeeds in her claims. Indeed, as the Court itself noted, Plaintiff’s main factual “allegation is that in this particular case, she is alleging that there's core instability and that it's affecting the way the business is run.” To the extent that Defendants attempt to shield this discovery on { those efforts fail. First. As explained by the First Department, “[w]hile confiden 1 communicatio' are subject to statutory protection, the mere facts and incidents of a are not protected. Thus, the nonparty witnesses may be deposed as to their observatio: laypersons, but not as to information acquired from persons who attended to the patient in a professional capacity.” Laura Inger M. vy. Hillside Children's Ctr., 15 A.D.3d 293, 294-95 (1st Dept. 2005) (internal citations omitted). There was, and remains, no bas: for Defendants to instruct witnesses such as Zeynep Tekiner not to testify about other But equally important, Defendants have waived any privileges that would otherwise exist over the Defendants’ a by directly injecting these issues into the litigation. PK O WV INDEX NO. 657193/2020 YO OUN 04/12/ NYSCEF DO NO. 1563 RECEIVED NYSCEF: 04/12/2023 Hon. Joel M. Cohen, J.S.C March 1, 022 Page 3 Respectfully submitted, Evan fandel FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 EXHIBIT A INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 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 DEFENDANTS’ RESPONSE TO shareholder or a member of the Company PLAINTIFF’S FIRST REQUEST FOR Defendants, PRODUCTION OF DOCUMENTS Plaintiff, -against- BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, 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. Pursuant to Section 3122 of the New York Civil Practice Law and Rules, Defendants BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN NEWS TEXAS, INC. 254 — 258 W. 35TH ST. LLC (collectively the “Companies” or “Company Defendants”), BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK (collectively, the “Individual Defendants” and together with the Company Defendants, the “Defendants”), by and through their undersigned counsel, respond as follows to Plaintiff's First Set of Requests for Production of Documents, dated February 1, 2021 (the “Requests” and each, a “Request” ). INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 any documents concerning the subject matter of the request for a six-year time period, which information is not “material and necessary” to the claims and defenses in the case nor reasonable in light of the effort and expense necessary to obtain the information. Defendants further object to this Request as irrelevant to the extent it seeks information prior to the relevant time period of the Complaint, which is not necessary in the prosecution or defense of this action. Subject to and without waiving their objections, Defendants will search for and produce responsive, non-privileged documents, if any, from January 1, 2015 to the present, sufficient to show the amounts paid by the Companies to retain the Texas properties. REQUEST FOR PRODUCTION NO. 82: Any documents or communications concerning any ee that Berrin Tekiner or Gonca Tekiner have received. RESPONSE TO REQUEST FOR PRODUCTION NO. 82: Defendants incorporate by reference their Objections to Definitions and Instructions as though fully set forth herein. Defendants object to this Request because it seeks information that is not “material and necessary” to the claims and defenses in the case. Defendants further object to this Request as vague and ambiguous because it fails to define what hii a to which it refers. Defendants further object to this Request as overly broad and unduly burdensome, because it seeks any documents concerning the subject matter of the request for a six-year time period, which information is not “material and necessary” to the claims and defenses in the case nor reasonable in light of the effort and expense necessary to obtain the information. Defendants further object to this Request because it seeks information protected by the physician-patient or other applicable privilege. Subject to and without waiving their objections, Defendants decline to search for documents in response to this Request. INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 necessary to obtain the information. Defendants further object to this Request to the extent it seeks information protected by the physician-patient or other applicable privilege. Subject to and without waiving their objections, Defendants decline to search for documents in response to this Request. REQUEST FOR PRODUCTION NO. 85: All documents or communications concerning any impact the by Berrin Tekiner or Gonca Tekiner has had on the management of the Companies. RESPONSE TO REQUEST FOR PRODUCTION NO. 85: Defendants incorporate by reference their Objections to Definitions and Instructions as though fully set forth herein. Defendants object to this Request as duplicative of Request Nos. 82 and 84. Defendants object to this Request because it seeks information that is not “material and necessary” to the claims and defenses in the case. Defendants further object to the phrase “any impact” as used in this Request as vague and ambiguous. Defendants further object to this Request as overly broad and unduly burdensome because it seeks a// documents or communications concerning any “impact,” which is not defined and which information is not “material and necessary” to the claims and defenses in the case nor reasonable in light of the effort and expense necessary to obtain the information and is merely a fishing expedition. Defendants further object to this Request to the extent it seeks information protected by the physician-patient or other applicable privilege. Subject to and without waiving their objections, Defendants decline to search for documents in response to this Request. REQUEST FOR PRODUCTION NO. 86: All documents concerning any legal bills rendered to any of the Individual Defendants for legal or other services in connection with this litigation and the payment thereof. FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 EXHIBIT B FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY Index No. 657193/20 - oe 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, Plaintiff, - against - 10 BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN 11 NEWS TEXAS, INC., 254 - 258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and 12 BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, 13 Defendants. 14 - oe 15 Remote Deposition 16 December 22, 2021 17 9:37 a.m. 18 19 DEPOSITION of ZEYNEP TEKINER, taken by 20 Plaintiff, via Zoom, before Eleanor Greenhouse, a 21 Shorthand Reporter and Notary Public within and 22 for the State of New York. 23 GREENHOUSE REPORTING, INC. 24 313 West 118th Street - Unit 4C New York, New York 10026 25 (212) 279-5108 Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF 04/12/2023 APPEARANCES: FOLEY HOAG LLP Attorneys for Plaintiff 1301 Avenue of the Americas New York, New York 10019 STEPHEN P. YOUNGER, ESQ. MANDEL BHANDARI LLP Attorneys for Plaintiff 80 Pine Street, 33rd Floor New York, New York 10005 10 BY EVAN MANDEL, ESQ. 11 DONALD CONKLIN, ESQ. 12 13 NORTON ROSE FULBRIGHT US LLP 14 Attorneys for Defendants 1301 Avenue of the Americas 15 New York, New York 10019-6022 16 BY JUDITH A. ARCHER, ESQ. 17 VICTORIA V. CORDER, ESQ. 18 19 SCHOEMAN UPDIKE KAUFMAN & GERBER LLP 20 Attorneys for the Witness 551 Fifth Avenue, 12th Floor 21 New York, New York 10176 22 BY BETH L. KAUFMAN, ESQ. 23 24 ALSO PRESENT: 25 GEORGE LIBBARES, Videographer Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 142 A Around 2001 or 2002, I think. Q And you thought -- when Yasemin said that, you asked, ay No, Gonca. Gonca did. I'm sorry. And what did Hl mean? Did you have that conclusion that 10 ee 11 MS. ARCHER: Object to the form. 12 Do you know what a 13 Yes, I do, yes. 14 And was it your belief that a 16 MS. ARCHER: The same objection. 17 Yes. 18 MS. CORDER: I'm sorry. Beth is 19 trying to speak and her voice isn't coming 20 through. 21 MR. YOUNGER: That's a little bit 22 helpful, Victoria. Thank you. 23 Let's go to the next exhibit -- 24 MS. ARCHER: Beth, did you have 25 something to put on the record here? Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 171 to -- I don't know how to characterize her. It's obviously very complicated, but there could be -- looks like and sometimes feels like there are sce Q When you referred to ee Meet part of ae: MS. KAUFMAN: Objection. MS. ARCHER: Objection to form. 10 Calls for a medical conclusion. 11 MS. KAUFMAN: I don't think that was 12 her testimony. 13 A I don't -- obviously this cannot be 14 a medical opinion but from what I understand, 15 ee, you 16 know -- I don't know if there are -- and I'm 17 obviously not a doctor. But from what I 18 understand, they have moments of just being very 19 grounded and like very present, and then they 20 have -- like they can go into psychosis, kind of 21 a psychosis. This is my understanding of it. 22 DIR Q And did you ever learn that your mom 23 was diagnosed with BPD? 24 MS. KAUFMAN I'm directing her not 25 to answer. Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 252 Mr. Mandel, went through this. We're going to allow you to ask certain questions about what she has observed but there are going to be times when I may instruct her not to answer. MR YOUNGER: For which you have no standing MS ARCHER: Says you. MR. YOUNGER: I haven't seen you 10 cite a case. 11 Q Have you ever observed your sister 12 Gonca, since 2014, possessing any illegal drugs? 13 A Illegal, not that I'm aware of. 14 Q Any other kinds of drugs? 15 MS. ARCHER: Objection. If we're 16 getting into prescription drugs, this is 17 inappropriate. 18 Q Have you seen her using Xanax? 19 MS. ARCHER: Objection. I'm going 20 to instruct this witness not to answer to 21 the extent that we're talking about -- stop 22 interrupting, Steve. 23 MR. YOUNGER: As soon as you cite a 24 case, T'll let you talk all you want. 25 MS. ARCHER: Stop interrupting, Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 270 the companies." That's not true, is it? MS. KAUFMAN: Objection to the form. MS. ARCHER: Objection. MS. KAUFMAN: But you can answer. A They may have. Q In what way would they have in your mind impaired the management or operations of the company, Gonca's issues? MS. KAUFMAN: She didn't say that 10 they did. She said they may have. 11 Q In what way? 12 A Frequent -- you know, frequently not 13 being at the office or having a lot of personal 14 issues. Just not being very present with things 15 that, you know, should be maybe dealt with at the 16 office. 17 Q And it's also kind of hard to run a 18 business when she was high during 2019; correct? 19 MS. ARCHER: Objection. 20 MS. KAUFMAN: Objection to form. 21 The witness just responded to your question 22 as to what prevented her from being able to 23 handle management and operations of the 24 companies. 25 MS. ARCHER: If anything. Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 290 count. MR. YOUNGER: As I said there will be an official count. MS. ARCHER: Yes, there will. Please just move on. MR. YOUNGER: Can you pull up 105 which is Plaintiff's Exhibit 43. (Plaintiff's Exhibit 43, e-mail bearing Bates stamp TEKINERO0081958 from 10 Zeynep to Yasemin, marked for 11 identification.) 12 MR. YOUNGER: For the record it's an 13 e-mail bearing TEKINERO0081958 from Zeynep 14 to Yasemin. 15 Q Did you send that e-mail? 16 Yes, I did. 17 To your sister Yasemin in April of 18 2017? 19 Yes. 20 And you said you were sad and 21 disturbed, referring to G. Is G Gonca? 22 A Yes. 23 Q About her "paranoid Xanaxed 24 bordering on psychosis states." Is that right? 25 MS. ARCHER: Object to the form. Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 291 Is that right? Yes. Q What were you referring to? A This must be after the dinner that we all had which -- it was referring to my mom and Gonca, yes, getting very, you know, very, very paranoid, taking Xanax probably and acting what I thought was at the time psychotic. Q You didn't say probably about Xanax, 10 did you? 11 MS. KAUFMAN: Objection to the form. 12 MS. ARCHER: And to the extent we're 13 getting into, again, prescriptions that are 14 prescribed, it is inappropriate 15 questioning. 16 Q What did you mean by Xanax? 17 A That they take -- that I believe 18 them to be taking a lot of Xanax on a regular 19 basis. 20 Q And it affects their ability to 21 operate in a coherent way? 22 MS. KAUFMAN: Objection to the form. 23 MS. ARCHER: I absolutely object to 24 the form and to the extent we're talking 25 about prescription drugs, I would ask the Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 292 witness not to respond. This doesn't show anything about work and, in fact, she talked about a dinner between the family. This is all knowledge that she's got based on her personal relationships. Q Can you answer? A Can you repeat the question? Q It's kind of hard when she goes on and on, but what did you mean by Xanax? 10 MS. ARCHER: Objection. Asked and 11 answered. 12 A That they would get anxious, take a -- 13 lot of Xanax, and yes, Xanax, taking a lot of 14 Xanax, getting very -- acting unstable. 15 Q And it borders on a psychosis state; 16 is that correct? 17 A Yes 18 MS. KAUFMAN: Objection to the form. 19 MS. ARCHER: Objection to the form. 20 MR. YOUNGER: She already said yes. 21 Q And you're referring to both your 22 mother and Gonca in this e-mail in April 2017; 23 correct? 24 A Yes 25 And you're talking about plotting Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 332 and then we will see what comes next. A She went back to her apartment and then she moved to Scarsdale. DIR Q And did she then [ay MS. KAUFMAN: Objection. MS. ARCHER: Object to the form. I would instruct the witness not to answer. 10 MS. KAUFMAN: Don't answer this one. 11 DIR Q Do you remember Yasemin objecting 12 and saying, 13 MS. KAUFMAN: Objection. 14 MS. ARCHER: The same objection, 15 same instruction. 16 MR. YOUNGER: Are you instructing 17 her not to answer? 18 MS. KAUFMAN: Yes, I did. 19 DIR Q How many times has your mother 20 attempted suicide? 21 MS. KAUFMAN Objection. Don't 22 answer. 23 MR. YOUNGER On what basis? 24 MS. KAUFMAN On the same basis we 25 put on the record numerous times. It has Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF: 04/12/2023 EXHIBIT C FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY Index No. 657193/20 - oe 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, Plaintiff, - against - 10 BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS COMPANY, INC., GERMAN 11 NEWS TEXAS, INC., 254 - 258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and 12 BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, 13 Defendants. 14 - oe 15 Remote Deposition 16 December 8, 2021 17 9:36 a.m. 18 19 DEPOSITION of BILLUR AKIPEK, taken by 20 Plaintiff, via Zoom, before Eleanor Greenhouse, a 21 Shorthand Reporter and Notary Public within and 22 for the State of New York. 23 GREENHOUSE REPORTING, INC. 24 313 West 118th Street - Unit 4C New York, New York 10026 25 (212) 279-5108 Greenhouse Reporting, Inc. (212) 279-5108 www.GreenhouseReporting.com FILED: NEW YORK COUNTY CLERK 04/12/2023 12:19 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1563 RECEIVED NYSCEF 04/12/2023 APPEARANCES: MANDEL BHANDARI LLP Attorneys for Plaintiff 80 Pine Street, 33rd Floor New York, New York 10005 BY EVAN MANDEL, ESQ. NORTON ROSE FULBRIGHT US LLP 10 Attorneys for De