Preview
FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
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, Index No. 657193/2020
Plaintiff, Commercial Division Part 3
-against- Hon. Joel M. Cohen, J.S.C.
BREMEN HOUSE INC., GERMAN NEWS
254 - 258 W. 35TH ST. LLC BERRIN
COMPANY, INC.,
TEKINER, GONCA TEKINER, and BILLUR AKIPEK, NOTICE OF APPEAL
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
Zeynep Tekiner 2011 Descendants Trust,
....... . Defendants.
PLEASE TAKE NOTICE PLEASE TAKE NOTICE that Kahn & Goldberg, LLP, counsel
for Plaintiff Zeynep Tekiner, hereby appeals to the Appellate Division of the Supreme Court of the
State of New York, First Judicial Department, from the Decision and Order on Motions of the
Honorable Joel M. Cohen, dated April 14, 2023, and duly entered on April 18, 2023. Counsel for
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Plaintiff Zeynep Tekiner appeals from those portions of the Decision and Order as to all aspects
adverse to her.
Dated: New York, New York
May /T, 2023
Respectfully submitted,
KAHN & GOLDBERG, LLP
Byi Michele Kahn, Eh.
Attorneys for Plaintiff Zeynep Tekiner
14th
555 Fifth Avenue, FlOOr
New York, New York 10017
(212) 687-5066
mk@kahngoldberg.com
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NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1582
1615 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/18/2023
05/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YASEMIN TEKINER, in her individual Index No. 657193/2020
capacity, as a beneficiary and a Trustee of
The Yasemin Tekiner 2011 Descendants Commercial Division Part 3
Trusts and derivatively as a holder of
equitable interests in a shareholder or a Hon. Joel M. Cohen, J.S.C.
member of the Company Defendants,
NOTICE OF ENTRY
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.
PLEASE TAKE NOTICE that annexed hereto is a true copy of the order of the
Honorable Joel M. Cohen, duly entered on April 14, 2023 and filed in the Office of the
Clerk of the Supreme Court of the State of New York of the County of New York on April
18, 2023,
Dated: April 18, 2023
Anthony ahvood
HARWO D AW PLLC
16d'
260 Madison Avenue, Floor
New York, NY 10016
Tel: (212) 867-6820
Email: tony.harwood@aharwoodlaw.com
Special Counsel for Plaintiffs on the Motions to
Withdra
31 of
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NYSCEF DOC.
NYSCEF NO. 1582
DOC. NO, 1615 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/18/2023
05/16/2023
To: Benjamin H. Weissman, Esq.
FOLEY HOAG LLP
1301 Avenue of the Americas
New York, New York 10019
Tel : (646)-927-5500
Email: bweissman@foleyhoag.com
Appearing Pro Se
Michele Kahn, Esq.
KAHN & GOLDBERG, LLP
14th
555 Fifth Avenue, FlOOr
New York, New York 10017
Tel: (212)-687-5066
Email: mk@kahngoldberg.com
Appearing Pro Se
Steven J. Mandelsburg
THOMPSON, COBURN, HAHN & HESSEN LLP
488 Madison Avenue
New York, New York 10022
Tel: (212) 478-7200
Email: smandelsburg(dlthompsoncoburn.com
Attorneys for Parker, rahim & Berg LLP
2
O f A
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NYSCEF
NYSCEF DOC. NO. 1582
DOC. NO. 1615 RECEIVED NYSCEF: 04/18/2023
RECEIVED NYSCEF: 05/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M
YASEMIN TEKINER, ZEYNEP TEKINER INDEX NO. 657193/2020
Plaintiffs, N/A, N/A, N/A,
MOTION DATE N/A
- y _
050 054 058
BREMEN HOUSE INC., GERMAN NEWS COMPANY, MOTION SEQ. NO 059
INC., BERRIN TEKINER, GONCA TEKINER, BILLUR
AKIPEK
DECISION + ORDER ON
Defendants. MOTION
__________._______________-___________----Ç
HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 050) 1232, 1233, 1234,
1235, 1236, 1281, 1282, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1502,
1508
were read on this motion for ATTORNEY WITHDRAWAL
The following e-filed documents, listed by NYSCEF document number (Motion 054) 1367, 1368, 1369,
1370, 1403, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448,
1449, 1450, 1451, 1452, 1453, 1497
were read on this motion for ATTORNEY WITHDRAWAL
The following e-filed documents, listed by NYSCEF document number (Motion 058) 1380, 1381, 1382,
1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1488,
1499, 1500, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537, 1538, 1539, 1540,
1541, 1542
were read on this motion for ATTORNEY WITHDRAWAL
The following e-filed documents, listed by NYSCEF document number (Motion 059) 1407, 1408, 1409,
1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425,
1426, 1498, 1501, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555,
1556, 1557, 1558
were read on this motion for ATTORNEY WITHDRAWAL
Upon the foregoing documents, and for the reasons stated on the record following oral
argument on April 14, 2023, it is
657193/2020 TEKINER, YASEMIN vs, BREMEN HOUSE INC. Page 1 of 2
Motion No. 050 054 058 059
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NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1582
1615 RECEIVED NYSCEF:
RECEIVED NYSCEF: 04/18/2023
05/16/2023
ORDERED that the motions by Parker, Ibrahim & Berg LLP ("PIB") and Foley
Hoag LLP ("Foley") to withdraw as counsel for Plaintiff Yasemin Tekiner (Mot. Seqs. 50, 54,
58) and the motion by Kahn & Goldberg, LLP ("Kahn") to withdraw as counsel for Plaintiff
Zeynep Tekiner (Mot. Seq. 059) are DENIED; it is further
ORDERED that counsel for Plaintiffs upload a redacted version of the transcript of the
proceedings to NYSCEF upon receipt and send an unredacted version of the transcript to the
Court.
This constitutes the Decision and Order of the Court.
2023041 E BC 60 F48 A9A358BAD7FCC
4/14/2023
DATE JOEL M. COHEN, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED 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 2 of 2
Motion No. 050 054 058 059
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9upreme gourt af flie 9tate of Nets Worlt
Appellate Binistan: inhicial Bepartntent
Informational Statement (Pursuant to 22 NYCRR 1250.3 - Civil
[a])
For Coùrt of Original Instance
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 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 Date Notice of Appeal Filed
- against -
BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS . . . . .
För »ppellate Division
COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC,
BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, , in her capacity
O Civil Action O CPLR article 78 Proceeding E Appeal O Transferred Proceeding
O CPLR article 75 Arbitration O Special Proceeding Other O Original Proceedings O CPLR Article 78
O Executive Law § 298
O Habeas Corpus Proceeding
O CPLR Article 78
O Eminent Domain O CPLR 5704 Review
O Labor Law 220 or 220-b
Public Officers Law § 36
Real Property Tax Law § 1278
. -
_
O Administrative Review ¡ Business Relationships M Commercial ¡ Contracts
O Declaratory Judgment O Domestic Relations O Election Law O Estate Matters
O Family Court O Mortgage Foreclosure ¡ Miscellaneous O Prisoner Discipline & Parole
O Real Property O Statutory ¡ Taxation ¡ Torts
(other than foreclosure)
Informational Statement - Civil
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NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
O Amended Decree O Determination M Order O Resettled Order
O Amended Judgement O Finding O Order & Judgment ¡ Ruling
O Amended Order O Interlocutory Decree O Partial Decree O Other (specify):
O Decision O Interlocutory Judgment O Resettled Decree
O Decree O Judgment O Resettled Judgment
Court: Supreme Court County: New York
Dated: 04/14/2023 Entered:04/18/2023
Judge (name in full): Hon. Joel M.Cohen Index No.:657193/2020
Stage: Interlocutory O Final O Post-Final Trial: O Yes O No If Yes: O Jury O Non-Jury
Prior Unperfected Appeal and Related Case Information
Are any appeals arising in the same action or proceeding currently pending in the court? O Yes O No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
2022-05139 and 2022-05142
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
NONE
Commenced by: O Order to show Cause ¡ Notice of Petition ¡ Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Court: Choose Court County: Choose County
Judge (name in full): Order of Transfer Date:
Court: Choose Court County: Choose Countv
Judge (name in full): Dated:
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
The Decision and Order denied Appellanis motion to withdraw as counsel.
Informational Statement - Civil
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Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds
for reversal, or modification to be advanced and the specific relief sought on appeal.
The Court below improperly denied Appellanes motion to withdraw. Among other things, Appellant
established non-payment and established that the attorney-client relationship was irretrievably broken
down, and that Appellant had taken reasonable steps to avoid prejudice to the client.
instructions: Fill in the name of each party to the action or proceeding, one name per line. if this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 Kahn & Goldberg, LLP Nonparty Appellant ......
2 YasemIn Tekiner Plaintiff Respondent
3 zeynep Tekiner Plaintiff Respondent
4 BREMEN HOUSE. INC Defendant None
5 GERMAN NEWS COMPANY.INC Defendant None
6 Barrin Tekiner Defendant None
7 Gonca Tekiner Defendant None
8 Billur Akipek Defendant None
9 Foley Hoag LLP Nonparty Respondent
10 Parker Ibrahim & Berg LLP Nonparty Respondent
11
12
13
14
15
16
17
18
19
20
Informational Statement - Civil
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Attorney Information
Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be files with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate
Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents
Se" information for that litigant
herself or himself, the box marked "Pro must be checked and the appropriate must
be supplied in the spaces provided.
Attorney/Firm name: Michele Kahn/ KAHN & GOLDBERG, LLP
Address: 555 Fifth 14th PlOOr
Avenue,
City: State: Zip: Telephone No.:
New York New York 10017 (212) 687-5066 .....
Email Address: mk( kahnsoldbera.com
Party or Parties Represented (set forth party number(s) from table above);
#1 - Represents self in the appeal
#3 - Represents Plaintiff Zeynep Tekiner in the underlying action
Attorney/Firm name: Anthony J. Harwood/ HARWOOD LAW PLLC
1601
Address: 260 Madison Avenue, Floor
City: State: Zip: Telephone No.:
New York New York 10016 (212) 867-6820
Email address:
Tony.Harwood@aharwoodlaw.com
Party or Parties Represented (set forth party number(s) from table above):
Special counsel to parties.# 1 and #2
Attorney/Firm name: Scott Parker, Sanjay Ibrahim/ PARKER IBRAHIM & BERG LLP
Address: 5 Penn Plaza, Suite 2371
City: State: Zip: Telephone No.:
New York New York 10001 (908) 333-6210
Email Address: Sanjav.lbrahhil@piblaw.com; Scott.Parker@piblaw.com
Party or Parties Represented (set forth party number(s) from table above):
#1 - Co-counsel to Plaintiff Yasemin Tekiner in the underlying action
Attorney/Firm name: Benjamin Weissman, Robe1t Hany/FOLEY HOAG LLP
Address: 1301 Avenue of the Americas
City: State: Zip: Telephone No.:
New York New York 10019 (212) 812-0351
Email Address: bweissman@folevhong.com; rhaney@foleyhoag.com
Party or Parties Represented (set forth party number(s) from table above):
#1 - Co-counsel to Plaintiff Yasemin Tekiner in the underlying action
#9 - May or may not represent self on appeal
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Attorney/Firm name: Steven J. Mandelsberg/THOMPSON COBURN HAHN & HESSEN LLP
Address: 488 Madison Avenue
Zip: Telephone No.'
City: State:
New York New York 10022 (212) 478 7400
Email Address: SMandelsberg@thompsoncoburn.com
Party or Parties Represented (set forth party niunber(s) from table above):
# 10- Represents Parker Ibrahim & Berg on its motion to withdraw and perhaps on this appeal
Attorney/Firm name: Bryan T. Mohler, Meghan Hill, Todd Soloway/ PRYOR CASHMAN LLP
Address: 7 Times Square
City: State: Zip: Telephone No.:
New York New York 10036 (212)326-0466
Email Address: bmohler@prvorcashman.com; mhill@prvorcashman.com; tsolowav@prvorcashman.com
Party or Parties Represented (set forth party number(s) from table above):
# 4, 5, 6, 7, 8 - Represents Defendants in the underlying action
Informational Statement- Civil
11 of 11
Preview
FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X 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, Index No. 657193/2020 Plaintiff, Commercial Division Part 3 -against- Hon. Joel M. Cohen, J.S.C. BREMEN HOUSE INC., GERMAN NEWS 254 - 258 W. 35TH ST. LLC BERRIN COMPANY, INC., TEKINER, GONCA TEKINER, and BILLUR AKIPEK, NOTICE OF APPEAL 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 Zeynep Tekiner 2011 Descendants Trust, ....... . Defendants. PLEASE TAKE NOTICE PLEASE TAKE NOTICE that Kahn & Goldberg, LLP, counsel for Plaintiff Zeynep Tekiner, hereby appeals to the Appellate Division of the Supreme Court of the State of New York, First Judicial Department, from the Decision and Order on Motions of the Honorable Joel M. Cohen, dated April 14, 2023, and duly entered on April 18, 2023. Counsel for 1 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023 Plaintiff Zeynep Tekiner appeals from those portions of the Decision and Order as to all aspects adverse to her. Dated: New York, New York May /T, 2023 Respectfully submitted, KAHN & GOLDBERG, LLP Byi Michele Kahn, Eh. Attorneys for Plaintiff Zeynep Tekiner 14th 555 Fifth Avenue, FlOOr New York, New York 10017 (212) 687-5066 mk@kahngoldberg.com 2 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 1582 1615 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/18/2023 05/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YASEMIN TEKINER, in her individual Index No. 657193/2020 capacity, as a beneficiary and a Trustee of The Yasemin Tekiner 2011 Descendants Commercial Division Part 3 Trusts and derivatively as a holder of equitable interests in a shareholder or a Hon. Joel M. Cohen, J.S.C. member of the Company Defendants, NOTICE OF ENTRY 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. PLEASE TAKE NOTICE that annexed hereto is a true copy of the order of the Honorable Joel M. Cohen, duly entered on April 14, 2023 and filed in the Office of the Clerk of the Supreme Court of the State of New York of the County of New York on April 18, 2023, Dated: April 18, 2023 Anthony ahvood HARWO D AW PLLC 16d' 260 Madison Avenue, Floor New York, NY 10016 Tel: (212) 867-6820 Email: tony.harwood@aharwoodlaw.com Special Counsel for Plaintiffs on the Motions to Withdra 31 of nF A 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF DOC. NYSCEF NO. 1582 DOC. NO, 1615 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/18/2023 05/16/2023 To: Benjamin H. Weissman, Esq. FOLEY HOAG LLP 1301 Avenue of the Americas New York, New York 10019 Tel : (646)-927-5500 Email: bweissman@foleyhoag.com Appearing Pro Se Michele Kahn, Esq. KAHN & GOLDBERG, LLP 14th 555 Fifth Avenue, FlOOr New York, New York 10017 Tel: (212)-687-5066 Email: mk@kahngoldberg.com Appearing Pro Se Steven J. Mandelsburg THOMPSON, COBURN, HAHN & HESSEN LLP 488 Madison Avenue New York, New York 10022 Tel: (212) 478-7200 Email: smandelsburg(dlthompsoncoburn.com Attorneys for Parker, rahim & Berg LLP 2 O f A 4 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF NYSCEF DOC. NO. 1582 DOC. NO. 1615 RECEIVED NYSCEF: 04/18/2023 RECEIVED NYSCEF: 05/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M YASEMIN TEKINER, ZEYNEP TEKINER INDEX NO. 657193/2020 Plaintiffs, N/A, N/A, N/A, MOTION DATE N/A - y _ 050 054 058 BREMEN HOUSE INC., GERMAN NEWS COMPANY, MOTION SEQ. NO 059 INC., BERRIN TEKINER, GONCA TEKINER, BILLUR AKIPEK DECISION + ORDER ON Defendants. MOTION __________._______________-___________----Ç HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 050) 1232, 1233, 1234, 1235, 1236, 1281, 1282, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1502, 1508 were read on this motion for ATTORNEY WITHDRAWAL The following e-filed documents, listed by NYSCEF document number (Motion 054) 1367, 1368, 1369, 1370, 1403, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1497 were read on this motion for ATTORNEY WITHDRAWAL The following e-filed documents, listed by NYSCEF document number (Motion 058) 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1488, 1499, 1500, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542 were read on this motion for ATTORNEY WITHDRAWAL The following e-filed documents, listed by NYSCEF document number (Motion 059) 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1498, 1501, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555, 1556, 1557, 1558 were read on this motion for ATTORNEY WITHDRAWAL Upon the foregoing documents, and for the reasons stated on the record following oral argument on April 14, 2023, it is 657193/2020 TEKINER, YASEMIN vs, BREMEN HOUSE INC. Page 1 of 2 Motion No. 050 054 058 059 5 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 1582 1615 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/18/2023 05/16/2023 ORDERED that the motions by Parker, Ibrahim & Berg LLP ("PIB") and Foley Hoag LLP ("Foley") to withdraw as counsel for Plaintiff Yasemin Tekiner (Mot. Seqs. 50, 54, 58) and the motion by Kahn & Goldberg, LLP ("Kahn") to withdraw as counsel for Plaintiff Zeynep Tekiner (Mot. Seq. 059) are DENIED; it is further ORDERED that counsel for Plaintiffs upload a redacted version of the transcript of the proceedings to NYSCEF upon receipt and send an unredacted version of the transcript to the Court. This constitutes the Decision and Order of the Court. 2023041 E BC 60 F48 A9A358BAD7FCC 4/14/2023 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED 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 2 of 2 Motion No. 050 054 058 059 6 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023 9upreme gourt af flie 9tate of Nets Worlt Appellate Binistan: inhicial Bepartntent Informational Statement (Pursuant to 22 NYCRR 1250.3 - Civil [a]) For Coùrt of Original Instance 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 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 Date Notice of Appeal Filed - against - BREMEN HOUSE INC., BREMEN HOUSE TEXAS, INC., GERMAN NEWS . . . . . För »ppellate Division COMPANY, INC., GERMAN NEWS TEXAS, INC., 254-258 W. 35TH ST. LLC, BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, , in her capacity O Civil Action O CPLR article 78 Proceeding E Appeal O Transferred Proceeding O CPLR article 75 Arbitration O Special Proceeding Other O Original Proceedings O CPLR Article 78 O Executive Law § 298 O Habeas Corpus Proceeding O CPLR Article 78 O Eminent Domain O CPLR 5704 Review O Labor Law 220 or 220-b Public Officers Law § 36 Real Property Tax Law § 1278 . - _ O Administrative Review ¡ Business Relationships M Commercial ¡ Contracts O Declaratory Judgment O Domestic Relations O Election Law O Estate Matters O Family Court O Mortgage Foreclosure ¡ Miscellaneous O Prisoner Discipline & Parole O Real Property O Statutory ¡ Taxation ¡ Torts (other than foreclosure) Informational Statement - Civil 7 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023 Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. O Amended Decree O Determination M Order O Resettled Order O Amended Judgement O Finding O Order & Judgment ¡ Ruling O Amended Order O Interlocutory Decree O Partial Decree O Other (specify): O Decision O Interlocutory Judgment O Resettled Decree O Decree O Judgment O Resettled Judgment Court: Supreme Court County: New York Dated: 04/14/2023 Entered:04/18/2023 Judge (name in full): Hon. Joel M.Cohen Index No.:657193/2020 Stage: Interlocutory O Final O Post-Final Trial: O Yes O No If Yes: O Jury O Non-Jury Prior Unperfected Appeal and Related Case Information Are any appeals arising in the same action or proceeding currently pending in the court? O Yes O No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. 2022-05139 and 2022-05142 Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: NONE Commenced by: O Order to show Cause ¡ Notice of Petition ¡ Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Court: Choose Court County: Choose County Judge (name in full): Order of Transfer Date: Court: Choose Court County: Choose Countv Judge (name in full): Dated: Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. The Decision and Order denied Appellanis motion to withdraw as counsel. Informational Statement - Civil 8 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023 Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds for reversal, or modification to be advanced and the specific relief sought on appeal. The Court below improperly denied Appellanes motion to withdraw. Among other things, Appellant established non-payment and established that the attorney-client relationship was irretrievably broken down, and that Appellant had taken reasonable steps to avoid prejudice to the client. instructions: Fill in the name of each party to the action or proceeding, one name per line. if this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 Kahn & Goldberg, LLP Nonparty Appellant ...... 2 YasemIn Tekiner Plaintiff Respondent 3 zeynep Tekiner Plaintiff Respondent 4 BREMEN HOUSE. INC Defendant None 5 GERMAN NEWS COMPANY.INC Defendant None 6 Barrin Tekiner Defendant None 7 Gonca Tekiner Defendant None 8 Billur Akipek Defendant None 9 Foley Hoag LLP Nonparty Respondent 10 Parker Ibrahim & Berg LLP Nonparty Respondent 11 12 13 14 15 16 17 18 19 20 Informational Statement - Civil 9 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023 Attorney Information Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be files with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents Se" information for that litigant herself or himself, the box marked "Pro must be checked and the appropriate must be supplied in the spaces provided. Attorney/Firm name: Michele Kahn/ KAHN & GOLDBERG, LLP Address: 555 Fifth 14th PlOOr Avenue, City: State: Zip: Telephone No.: New York New York 10017 (212) 687-5066 ..... Email Address: mk( kahnsoldbera.com Party or Parties Represented (set forth party number(s) from table above); #1 - Represents self in the appeal #3 - Represents Plaintiff Zeynep Tekiner in the underlying action Attorney/Firm name: Anthony J. Harwood/ HARWOOD LAW PLLC 1601 Address: 260 Madison Avenue, Floor City: State: Zip: Telephone No.: New York New York 10016 (212) 867-6820 Email address: Tony.Harwood@aharwoodlaw.com Party or Parties Represented (set forth party number(s) from table above): Special counsel to parties.# 1 and #2 Attorney/Firm name: Scott Parker, Sanjay Ibrahim/ PARKER IBRAHIM & BERG LLP Address: 5 Penn Plaza, Suite 2371 City: State: Zip: Telephone No.: New York New York 10001 (908) 333-6210 Email Address: Sanjav.lbrahhil@piblaw.com; Scott.Parker@piblaw.com Party or Parties Represented (set forth party number(s) from table above): #1 - Co-counsel to Plaintiff Yasemin Tekiner in the underlying action Attorney/Firm name: Benjamin Weissman, Robe1t Hany/FOLEY HOAG LLP Address: 1301 Avenue of the Americas City: State: Zip: Telephone No.: New York New York 10019 (212) 812-0351 Email Address: bweissman@folevhong.com; rhaney@foleyhoag.com Party or Parties Represented (set forth party number(s) from table above): #1 - Co-counsel to Plaintiff Yasemin Tekiner in the underlying action #9 - May or may not represent self on appeal 10 of 11 FILED: NEW YORK COUNTY CLERK 05/16/2023 01:17 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1615 RECEIVED NYSCEF: 05/16/2023 Attorney/Firm name: Steven J. Mandelsberg/THOMPSON COBURN HAHN & HESSEN LLP Address: 488 Madison Avenue Zip: Telephone No.' City: State: New York New York 10022 (212) 478 7400 Email Address: SMandelsberg@thompsoncoburn.com Party or Parties Represented (set forth party niunber(s) from table above): # 10- Represents Parker Ibrahim & Berg on its motion to withdraw and perhaps on this appeal Attorney/Firm name: Bryan T. Mohler, Meghan Hill, Todd Soloway/ PRYOR CASHMAN LLP Address: 7 Times Square City: State: Zip: Telephone No.: New York New York 10036 (212)326-0466 Email Address: bmohler@prvorcashman.com; mhill@prvorcashman.com; tsolowav@prvorcashman.com Party or Parties Represented (set forth party number(s) from table above): # 4, 5, 6, 7, 8 - Represents Defendants in the underlying action Informational Statement- Civil 11 of 11