Preview
FILED: NEW YORK COUNTY CLERK 05/15/2023 12:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COMMERCIAL DIVISION, NEW YORK COUNTY
YASEMIN TEKINER,
in her individual capacity, as a beneficiary
and a Trustee of The Yasemin Tekiner
2011 Descendants Trust and derivatively as Index No. 657193/2020
a holder of equitable interests in a
shareholder or a member of the Company Commercial Division Part 3
Defendants,
Hon. Joel M. Cohen
Plaintiff,
Mot. Seq. No. 61
-against-
BREMEN HOUSE INC., GERMAN NEWS AFFIRMATION OF
COMPANY, INC., BERRIN TEKINER, GONCA SCOTT W. PARKER
TEKINER, and BILLUR AKIPEK, in her capacity
as a Trustee of The Yasemin Tekiner 2011
Descendants Trust,
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 Yasemin Tekiner 2011
Descendants Trust,
Defendants.
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FILED: NEW YORK COUNTY CLERK 05/15/2023 12:52 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023
SCOTT W. PARKER, ESQ., an attorney duly admitted to practice before the Courts of
the State of New York, affirms under the penalty of perjury, pursuant to CPLR 2106:
1. I am a partner of the law firm Parker Ibrahim & Berg LLP, co-counsel for plaintiff
Yasemin Tekiner (“Yasemin”) in the above-captioned matter. I submit this affirmation in support
of Co-Plaintiffs Yasemin Tekiner’s and Zeynep Tekiner’s (“Zeynep’s”) Motion to Renew.
2. I am fully 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.1
3. In February 2023, in response to the subpoena that Yasemin issued to Santander
Bank, N.A., Santander Bank, N.A. (“Santander”) produced more than 7,500 pages of documents
from the Company’s Santander accounts.
4. On April 27, 2023, counsel for defendants wrote to counsel for Plaintiffs, advising
that in anticipation of Paul Schwartzman’s deposition that was scheduled for May 11, 2023, the
Company’s bookkeeper had confirmed that the Raish accounting software – which the Company
had used until 2020 – “is now non-operational”, but that “some archival data for prior years that
was previously understood to be unavailable was able to be retrieved”. Accordingly, the
correspondence provided a link to an FTP site for the production of nearly 1,300 pages of
documents, comprised of the following four categories:
a. The “Bremen House, Inc. Transactions by Accounting Period from History”,
covering the period between January 2016 and December 2019
(BREM00407745-00408137, BREM00408458-00408845);
b. The “Bremen House, Inc. Transactions by General Ledger Number from
History”, covering the period between January 2006 and December 2020, and
containing hundreds of entries described as “Officer’s Loans”
(BREM00408138-408147);
1
All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to
them in the Plaintiffs’ Memorandum of Law in Support of Their Order to Show Cause to Renew.
1
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NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023
c. The “German News Transactions by Accounting Period from History”,
covering the period between January 2015 and December 2019
(BREM00408148-00408455); and
d. The “German News Transactions by General Ledger Number from History”,
covering the period between January 2006 and December 2020, and containing
additional entries described as “Officer’s Loans” (BREM00408456-00408457).
A true and correct copy of the April 27th correspondence is attached hereto as Exhibit A.
5. In order to highlight the critical nature of these documents, the following
documents from each of these four categories is being provided herein, as follows:
a. The “Bremen House, Inc. Transactions by Accounting Period from History”,
covering the period between January 2016 and December 2016
(BREM00407555-00407745), a true and correct copy of which is attached
hereto as Exhibit B;
b. The “Bremen House, Inc. Transactions by General Ledger Number from
History”, covering the period between January 2006 and December 2020
(BREM00408138-408147), a true and correct copy of which is attached hereto
as Exhibit C;
c. The “German News Transactions by Accounting Period from History”,
covering the period between January 2015 and December 2015
(BREM00408202-00408266), a true and correct copy of which is attached
hereto as Exhibit D; and
d. The “German News Transactions by General Ledger Number from History”,
covering the period between January 2006 and December 2020
(BREM00408456-00408457), a true and correct copy of which is attached
hereto as Exhibit E.
6. A true and correct copy of relevant portions of the March 31, 2023 deposition
transcript of Sadan Gurbuzturk is attached hereto as Exhibit F.
7. A true and correct copy of relevant portions of the March 29, 2023 deposition
transcript of Denise Baumann is attached hereto as Exhibit G.
8. A true and correct copy of May 12, 2023 e-mail correspondence from undersigned
counsel to counsel for Defendants is attached hereto as Exhibit H.
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9. A true and correct copy of the subpoena that Defendants served upon Statera
Capital on or about May 11, 2023 is attached hereto as Exhibit I.
10. I hereby incorporate by reference: (1) the Affirmation of Stephen P. Younger with
accompanying exhibits (NYSCEF Doc. No. 974-978); and (2) the Reply Affirmation of Stephen
P. Younger with accompanying exhibits (NYSCEF Doc. No. 1092-1099).
For all the foregoing reasons, Yasemin and Zeynep respectfully ask that this Court grant
their Motion to Renew and allow the parties 60 days to exchange initial expert reports, 30 days to
exchange rebuttal expert reports, 30 days to complete expert depositions, and 30 days to file any
motions for summary judgment 30 days after the completion of expert depositions.
Dated: New York, New York
May 15, 2023
Scott W. Parker
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NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023
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 less than 7,000 words.
Dated: New York, New York
May 15, 2023
Scott W. Parker
4
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Preview
FILED: NEW YORK COUNTY CLERK 05/15/2023 12:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COMMERCIAL DIVISION, NEW YORK COUNTY YASEMIN TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Trust and derivatively as Index No. 657193/2020 a holder of equitable interests in a shareholder or a member of the Company Commercial Division Part 3 Defendants, Hon. Joel M. Cohen Plaintiff, Mot. Seq. No. 61 -against- BREMEN HOUSE INC., GERMAN NEWS AFFIRMATION OF COMPANY, INC., BERRIN TEKINER, GONCA SCOTT W. PARKER TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Yasemin Tekiner 2011 Descendants Trust, 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 Yasemin Tekiner 2011 Descendants Trust, Defendants. 1 of 5 FILED: NEW YORK COUNTY CLERK 05/15/2023 12:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023 SCOTT W. PARKER, ESQ., an attorney duly admitted to practice before the Courts of the State of New York, affirms under the penalty of perjury, pursuant to CPLR 2106: 1. I am a partner of the law firm Parker Ibrahim & Berg LLP, co-counsel for plaintiff Yasemin Tekiner (“Yasemin”) in the above-captioned matter. I submit this affirmation in support of Co-Plaintiffs Yasemin Tekiner’s and Zeynep Tekiner’s (“Zeynep’s”) Motion to Renew. 2. I am fully 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.1 3. In February 2023, in response to the subpoena that Yasemin issued to Santander Bank, N.A., Santander Bank, N.A. (“Santander”) produced more than 7,500 pages of documents from the Company’s Santander accounts. 4. On April 27, 2023, counsel for defendants wrote to counsel for Plaintiffs, advising that in anticipation of Paul Schwartzman’s deposition that was scheduled for May 11, 2023, the Company’s bookkeeper had confirmed that the Raish accounting software – which the Company had used until 2020 – “is now non-operational”, but that “some archival data for prior years that was previously understood to be unavailable was able to be retrieved”. Accordingly, the correspondence provided a link to an FTP site for the production of nearly 1,300 pages of documents, comprised of the following four categories: a. The “Bremen House, Inc. Transactions by Accounting Period from History”, covering the period between January 2016 and December 2019 (BREM00407745-00408137, BREM00408458-00408845); b. The “Bremen House, Inc. Transactions by General Ledger Number from History”, covering the period between January 2006 and December 2020, and containing hundreds of entries described as “Officer’s Loans” (BREM00408138-408147); 1 All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Plaintiffs’ Memorandum of Law in Support of Their Order to Show Cause to Renew. 1 2 of 5 FILED: NEW YORK COUNTY CLERK 05/15/2023 12:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023 c. The “German News Transactions by Accounting Period from History”, covering the period between January 2015 and December 2019 (BREM00408148-00408455); and d. The “German News Transactions by General Ledger Number from History”, covering the period between January 2006 and December 2020, and containing additional entries described as “Officer’s Loans” (BREM00408456-00408457). A true and correct copy of the April 27th correspondence is attached hereto as Exhibit A. 5. In order to highlight the critical nature of these documents, the following documents from each of these four categories is being provided herein, as follows: a. The “Bremen House, Inc. Transactions by Accounting Period from History”, covering the period between January 2016 and December 2016 (BREM00407555-00407745), a true and correct copy of which is attached hereto as Exhibit B; b. The “Bremen House, Inc. Transactions by General Ledger Number from History”, covering the period between January 2006 and December 2020 (BREM00408138-408147), a true and correct copy of which is attached hereto as Exhibit C; c. The “German News Transactions by Accounting Period from History”, covering the period between January 2015 and December 2015 (BREM00408202-00408266), a true and correct copy of which is attached hereto as Exhibit D; and d. The “German News Transactions by General Ledger Number from History”, covering the period between January 2006 and December 2020 (BREM00408456-00408457), a true and correct copy of which is attached hereto as Exhibit E. 6. A true and correct copy of relevant portions of the March 31, 2023 deposition transcript of Sadan Gurbuzturk is attached hereto as Exhibit F. 7. A true and correct copy of relevant portions of the March 29, 2023 deposition transcript of Denise Baumann is attached hereto as Exhibit G. 8. A true and correct copy of May 12, 2023 e-mail correspondence from undersigned counsel to counsel for Defendants is attached hereto as Exhibit H. 2 3 of 5 FILED: NEW YORK COUNTY CLERK 05/15/2023 12:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023 9. A true and correct copy of the subpoena that Defendants served upon Statera Capital on or about May 11, 2023 is attached hereto as Exhibit I. 10. I hereby incorporate by reference: (1) the Affirmation of Stephen P. Younger with accompanying exhibits (NYSCEF Doc. No. 974-978); and (2) the Reply Affirmation of Stephen P. Younger with accompanying exhibits (NYSCEF Doc. No. 1092-1099). For all the foregoing reasons, Yasemin and Zeynep respectfully ask that this Court grant their Motion to Renew and allow the parties 60 days to exchange initial expert reports, 30 days to exchange rebuttal expert reports, 30 days to complete expert depositions, and 30 days to file any motions for summary judgment 30 days after the completion of expert depositions. Dated: New York, New York May 15, 2023 Scott W. Parker 3 4 of 5 FILED: NEW YORK COUNTY CLERK 05/15/2023 12:52 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1603 RECEIVED NYSCEF: 05/15/2023 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 less than 7,000 words. Dated: New York, New York May 15, 2023 Scott W. Parker 4 5 of 5