Preview
FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023
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 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, Motion Sequence No. ___
-against- AFFIDAVIT OF PLAINTIFF
ZEYNEP TEKINER IN SUPPORT
BREMEN HOUSE INC., GERMAN NEWS OF ORDER TO SHOW CAUSE
COMPANY, INC., BERRIN TEKINER, GONCA FOR LEAVE TO RENEW
TEKINER, and BILLUR AKIPEK, in her capacity as a
APPLICATION FOR A
Trustee of The Yasemin Tekiner 2011 Descendants
Trust, PRELIMINARY INJUNCTION
WITH TEMPORARY
RESTRAINING ORDER TO
ENJOIN DEFENDANTS’
Defendants. THREATENED SALE OF
PLAINTIFFS’ HOMES AND
THEIR EVICTION THEREFROM
ZEYNEP TEKINER,
in her individual capacity, as a beneficiary and
a Trustee of The Zeynep Tekiner 2011
Descendants Trust and derivatively as a holder
of equitable interests in a shareholder or a
member of the Company Defendants,
Intervenor-Plaintiff,
-against-
BREMEN HOUSE INC., GERMAN NEWS
COMPANY, INC., BERRIN TEKINER, GONCA
TEKINER, and BILLUR AKIPEK, in her capacity as a
Trustee of The Zeynep Tekiner 2011 Descendants Trust,
Defendants.
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STATE OF NEW YORK )
COUNTY OF WESTCHESTER ) .ss
ZEYNEP TEKINER, being duly sworn, deposes and says:
1. I am a plaintiff in this action and, as such have personal knowledge of the facts contained
herein. I submit this affirmation in support of the joint motion of me and Plaintiff Yasemin Tekiner for
Leave to renew application for a preliminary injunction with temporary restraining order to enjoin
Defendants’ threatened sale of Plaintiffs’ homes and our eviction therefrom.
PRELIMINARY STATEMENT
2. Defendants’ intention to sell the Zeynep Residence is a blatant act of retaliation for the
Court appointment of a Monitor. My daughters and I will be irreparably harmed if Defendants are
permitted to sell the Zeynep Residence and evict us. My children have lived in the home for years, and
their school, friends, and their entire lives are here. They lost their father less than a year ago. It would
cause them (and me) irreparable harm to lose our home.
3. Moreover, Defendants repeatedly represented to this Court that they would not remove
me and Plaintiff Yasemin Tekiner (“Yasemin”) from our homes during the entirety of this litigation, and
the Court has expressly relied upon these representations in issuing certain Decisions. Defendants cannot
now act in direct contravention of their repeated representations, especially because they are only doing
so to retaliate against me.
THE ZEYNEP RESIDENCE
4. I and my two daughters have lived in our home located at 31 White Plains Road,
Bronxville, New York (the “Zeynep Residence”) for six (6) years. We moved in while my daughters
were ages 12 and 14. My older daughter is now in college but still comes home, and my younger daughter
is a junior in high school and is looking forward to her senior year.
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5. The Zeynep Residence was purchased by defendant Bremen House, Inc. in 2017 with
Company funds, presumably with proceeds from the sale of the Dusenberry property. I had lived with
my daughters at the Dusenberry property when we first came back to the United States from Turkey.
6. I had no choice but to move into the Dusenberry home. At the time, I had been living
with my daughters in Turkey, and was divorcing my husband and had virtually no money -- except for
some money that Defendant Berrin was sending to me each month.
7. Berrin repeatedly reduced the amount she had been sending me. After a while, Berrin
gave me an ultimatum. Berrin told me that if I stayed in Turkey, she would stop giving me any funds,
but that if I and my daughters moved to New York, Berrin assured me that we would live in a Company
owned house and that I would receive a salary1 from the Company. Berrin told me that these were the
same benefits that Yasemin and Gonca had been receiving from the Companies, and that I would also
receive these benefits.
8. Indeed, Berrin and Gonca still receive homes and salaries paid for by the Companies.
Although they claim that they sold the Company owned houses in which they lived and purchased homes
in their own names, the Court has noted that the funds for them to purchase “their” homes almost
assuredly came from the Companies. (NYSCEF Doc. No 1239, Tr. 31:24-25.).
9. Based on Berrin’s express promises, I uprooted my daughters and moved them halfway
around the world.
10. From the time we first moved into the Zeynep Residence until recently, I have leased the
Zeynep Residence from defendant Bremen House, Inc., and I made annual rental payments. In or about
1
My mother sometimes referred to the payments as “salary” and other times she referred to them as
“dividends” or “distributions.”
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2021, the Company stopped paying me my bonus2 and I was no longer able to pay rent. I also have paid
and continue to pay numerous out-of-pocket expenses relating to the Zeynep Residence, including gas,
electric, plumbing, and repairs that I can afford.
11. In my motion to intervene and for injunctive relief, I detailed the lifetime of threats and
retaliation from my mother that I have endured. (NYSCEF Doc. No. 217 ¶¶10-14, 54.) Once I decided
to intervene in this action, I was very concerned that the Defendants would try to evict me and my
daughters and deprive me of my rights in the Zeynep Residence as retaliation for joining this lawsuit. As
such, in my Initial OTSC, I sought to enjoin the Defendants from evicting me from my home during the
pendency of this action.
DEFENDANTS HAVE REPRESENTED TO THIS COURT THAT THEY WOULD NOT
SEEK TO REMOVE ME FROM MY HOME WHILE THIS ACTION IS PENDING
12. In their opposition to my Initial OTSC, counsel for the Defendants made the following
representation to the Court regarding the Zeynep Residence:
“Zeynep would not suffer the ‘hunger of indignities’ she claims without an injunction … : she
would still live rent free in a multi-million dollar home, receive health insurance, and have access
to her pension. … Once again, as with Plaintiff, Defendant will also represent that, while this
litigation is pending, they will (1) not evict Zeynep from 31 White Plains Road; (2) pay taxes and
homeowners insurance on 31 White Plains Road; and (3) continue providing health insurance for
Zeynep and her dependents.” (NYSCEF Doc. No. 336, at 19.)
13. As such, on April 18, 2022, the Court issued a Decision & Order on Motion, granting my
motion to intervene, but denying my request for preliminary injunctive relief. (NYSCEF Doc. No. 354,
at 1.)
2
Defendants have also unilaterally reduced my salary – without any justification and without any
substantial change in my duties -- from approximately $350,000 in 2015, $250,000 in 2020, and I am
currently receiving approximately $199,000. Yet Defendants continue to receive lavish salaries and
benefits from the Companies, even though, if they ever did any work in the first place, their duties have
been significantly reduced since they sold the buildings to Extell and traded them for triple net lease
properties that do not require active management.
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MY DAUGHTERS AND I WILL SUFFER
IRREPARABLE HARM IF WE ARE EVICTED FROM OUR HOME
14. My daughters and I will suffer irreparable harm if Defendants are permitted to sell the
Zeynep Residence and evict us. My daughters would be devastated were they to learn that their
grandmother was actively intending to evict us from our home. Actually evicting us would cause
irreparable harm.
15. My younger daughter is finishing her junior year in high school and is looking forward
to her senior year in the fall. She is in the process of looking at colleges and studying for her SATs.
16. Her entire life is centered on where she lives. She has a strong community of friends,
teachers, and mentors here, and these relationships have become a foundation and support for her since
we moved here.3 As a single mom raising teenage daughters by myself, I also rely on these
relationships.
17. To make matters worse, her father passed away less than a year ago. His illness and
death substantially impacted her teenage years, and she is certainly not over that loss.
18. My daughter would be irreparably harmed if she is uprooted from her school and
community on the cusp of her senior year, and evicted from her home by her grandmother, through no
fault of her own.
19. My older daughter will also be irreparably harmed if Defendants are allowed to evict us
from our home. She is in college but she is not yet an adult. She still comes home on breaks and for
3
My daughter is also a gifted piano player. We are relying heavily on her piano playing and
competitions as an important factor that will be considered on her college applications. One of her
teachers gifted her a grand piano which would certainly not fit into any rental home.
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summers. Her close friends are here. She also is still working to recover from the loss of her father. It
would be extremely and irreparably harmful to her if she loses her home.
20. When my mother cut me off financially but said that I would have a Company owned
home and a salary if I moved to New York, I moved. As with any move, especially between countries,
it was stressful. It took both my daughters a long time to adjust, and now they feel like they have a
home and a community. Now Berrin wants to kick me and her two granddaughters out of our house in
retaliation for the appointment of the Monitor.
21. While emotionally, I could “digest” the horror of being evicted from my home by my
mother, my daughters could not. I am advised that Courts have held that losing one’s home constitutes
irreparable damage. That is true as a general rule and is true here more particularly for the reasons set
forth herein.
22. Compelling me to move would also substantially interfere with my ability to prosecute
this lawsuit. The upheaval that would be caused by any relocation would consume almost all of my
time and attention and would be detrimental to my ability to give this case the frequent attention that is
required.
23. In addition, I relied on Defendants’ representations that my daughters and I would be
able to remain in our home. I did not plan or budget to have to pay rent and, as set forth above, I
cannot even afford to rent a home.
24. Finally, it may well make sense for the Companies to sell other assets or take actions to
increase income rather than sell the Zeynep Residence. The house has appreciated substantially and is
a valuable asset. 4
4
The house was purchased for approximately $1,700,000 and is now worth approximately $2,110,000
according to Zillow.
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I CANNOT AFFORD TO RENT IN THE SAME SCHOOL DISTRICT OR CLOSE BY
25. I cannot afford to rent a home for myself and my daughters in the school district or
anywhere close by, or even in a good school district. There are few rental properties available in or
near Bronxville, and those that are available rent for much more than I can afford.
26. The cheapest two bedroom I found in the school district has rent of $9,995 per month.
27. While I do get a salary of approximately $199,000 from the Companies, once I pay for
food for me and my daughter, utilities, services, and repairs for the Zeynep Residence, tutors/SAT prep
courses, activities, gasoline for the car, toiletries and household staples, there is nothing left.
28. We are not living an extravagant life. I spend my entire income on basics, and I have no
savings.
29. Given that I am in essence a one-third shareholder of the Companies – which have tens
or hundreds of millions of dollars of properties – it would be patently unfair to allow Defendants to
force me and my daughters out of our home while they continue to live off the Companies in a grand
and extravagant manner.
CONCLUSION
30. WHEREFORE, for the reasons set forth herein, the accompanying memorandum of
law, accompanying affidavit of Yasemin Tekiner, and accompanying affidavit of Scott Parker, it is
respectfully requested that this Court grant our motion to renew our preliminary injunction motions
and:
(a) enjoin Defendants from marketing or selling the Yasemin Residence and Zeynep Residence
during the pendency of this case;
(b) enjoin Defendants from taking any action to remove or evict Yasemin or Zeynep from the
Yasemin Residence or Zeynep Residence, or in any way deprive Yasemin or Zeynep of
their right to reside in the Yasemin Residence and Zeynep Residence during the pendency of
this case; and
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CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17
I hereby certify that the foregoing Memorandum of Law 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
2247, which is within the word limit of 7,000.
Dated: May 18, 2023
New York, New York
______________
Michele Kahn
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Preview
FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 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 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, Motion Sequence No. ___ -against- AFFIDAVIT OF PLAINTIFF ZEYNEP TEKINER IN SUPPORT BREMEN HOUSE INC., GERMAN NEWS OF ORDER TO SHOW CAUSE COMPANY, INC., BERRIN TEKINER, GONCA FOR LEAVE TO RENEW TEKINER, and BILLUR AKIPEK, in her capacity as a APPLICATION FOR A Trustee of The Yasemin Tekiner 2011 Descendants Trust, PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER TO ENJOIN DEFENDANTS’ Defendants. THREATENED SALE OF PLAINTIFFS’ HOMES AND THEIR EVICTION THEREFROM ZEYNEP TEKINER, in her individual capacity, as a beneficiary and a Trustee of The Zeynep Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a shareholder or a member of the Company Defendants, Intervenor-Plaintiff, -against- BREMEN HOUSE INC., GERMAN NEWS COMPANY, INC., BERRIN TEKINER, GONCA TEKINER, and BILLUR AKIPEK, in her capacity as a Trustee of The Zeynep Tekiner 2011 Descendants Trust, Defendants. 1 1 of 9 FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 STATE OF NEW YORK ) COUNTY OF WESTCHESTER ) .ss ZEYNEP TEKINER, being duly sworn, deposes and says: 1. I am a plaintiff in this action and, as such have personal knowledge of the facts contained herein. I submit this affirmation in support of the joint motion of me and Plaintiff Yasemin Tekiner for Leave to renew application for a preliminary injunction with temporary restraining order to enjoin Defendants’ threatened sale of Plaintiffs’ homes and our eviction therefrom. PRELIMINARY STATEMENT 2. Defendants’ intention to sell the Zeynep Residence is a blatant act of retaliation for the Court appointment of a Monitor. My daughters and I will be irreparably harmed if Defendants are permitted to sell the Zeynep Residence and evict us. My children have lived in the home for years, and their school, friends, and their entire lives are here. They lost their father less than a year ago. It would cause them (and me) irreparable harm to lose our home. 3. Moreover, Defendants repeatedly represented to this Court that they would not remove me and Plaintiff Yasemin Tekiner (“Yasemin”) from our homes during the entirety of this litigation, and the Court has expressly relied upon these representations in issuing certain Decisions. Defendants cannot now act in direct contravention of their repeated representations, especially because they are only doing so to retaliate against me. THE ZEYNEP RESIDENCE 4. I and my two daughters have lived in our home located at 31 White Plains Road, Bronxville, New York (the “Zeynep Residence”) for six (6) years. We moved in while my daughters were ages 12 and 14. My older daughter is now in college but still comes home, and my younger daughter is a junior in high school and is looking forward to her senior year. 2 2 of 9 FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 5. The Zeynep Residence was purchased by defendant Bremen House, Inc. in 2017 with Company funds, presumably with proceeds from the sale of the Dusenberry property. I had lived with my daughters at the Dusenberry property when we first came back to the United States from Turkey. 6. I had no choice but to move into the Dusenberry home. At the time, I had been living with my daughters in Turkey, and was divorcing my husband and had virtually no money -- except for some money that Defendant Berrin was sending to me each month. 7. Berrin repeatedly reduced the amount she had been sending me. After a while, Berrin gave me an ultimatum. Berrin told me that if I stayed in Turkey, she would stop giving me any funds, but that if I and my daughters moved to New York, Berrin assured me that we would live in a Company owned house and that I would receive a salary1 from the Company. Berrin told me that these were the same benefits that Yasemin and Gonca had been receiving from the Companies, and that I would also receive these benefits. 8. Indeed, Berrin and Gonca still receive homes and salaries paid for by the Companies. Although they claim that they sold the Company owned houses in which they lived and purchased homes in their own names, the Court has noted that the funds for them to purchase “their” homes almost assuredly came from the Companies. (NYSCEF Doc. No 1239, Tr. 31:24-25.). 9. Based on Berrin’s express promises, I uprooted my daughters and moved them halfway around the world. 10. From the time we first moved into the Zeynep Residence until recently, I have leased the Zeynep Residence from defendant Bremen House, Inc., and I made annual rental payments. In or about 1 My mother sometimes referred to the payments as “salary” and other times she referred to them as “dividends” or “distributions.” 3 3 of 9 FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 2021, the Company stopped paying me my bonus2 and I was no longer able to pay rent. I also have paid and continue to pay numerous out-of-pocket expenses relating to the Zeynep Residence, including gas, electric, plumbing, and repairs that I can afford. 11. In my motion to intervene and for injunctive relief, I detailed the lifetime of threats and retaliation from my mother that I have endured. (NYSCEF Doc. No. 217 ¶¶10-14, 54.) Once I decided to intervene in this action, I was very concerned that the Defendants would try to evict me and my daughters and deprive me of my rights in the Zeynep Residence as retaliation for joining this lawsuit. As such, in my Initial OTSC, I sought to enjoin the Defendants from evicting me from my home during the pendency of this action. DEFENDANTS HAVE REPRESENTED TO THIS COURT THAT THEY WOULD NOT SEEK TO REMOVE ME FROM MY HOME WHILE THIS ACTION IS PENDING 12. In their opposition to my Initial OTSC, counsel for the Defendants made the following representation to the Court regarding the Zeynep Residence: “Zeynep would not suffer the ‘hunger of indignities’ she claims without an injunction … : she would still live rent free in a multi-million dollar home, receive health insurance, and have access to her pension. … Once again, as with Plaintiff, Defendant will also represent that, while this litigation is pending, they will (1) not evict Zeynep from 31 White Plains Road; (2) pay taxes and homeowners insurance on 31 White Plains Road; and (3) continue providing health insurance for Zeynep and her dependents.” (NYSCEF Doc. No. 336, at 19.) 13. As such, on April 18, 2022, the Court issued a Decision & Order on Motion, granting my motion to intervene, but denying my request for preliminary injunctive relief. (NYSCEF Doc. No. 354, at 1.) 2 Defendants have also unilaterally reduced my salary – without any justification and without any substantial change in my duties -- from approximately $350,000 in 2015, $250,000 in 2020, and I am currently receiving approximately $199,000. Yet Defendants continue to receive lavish salaries and benefits from the Companies, even though, if they ever did any work in the first place, their duties have been significantly reduced since they sold the buildings to Extell and traded them for triple net lease properties that do not require active management. 4 4 of 9 FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 MY DAUGHTERS AND I WILL SUFFER IRREPARABLE HARM IF WE ARE EVICTED FROM OUR HOME 14. My daughters and I will suffer irreparable harm if Defendants are permitted to sell the Zeynep Residence and evict us. My daughters would be devastated were they to learn that their grandmother was actively intending to evict us from our home. Actually evicting us would cause irreparable harm. 15. My younger daughter is finishing her junior year in high school and is looking forward to her senior year in the fall. She is in the process of looking at colleges and studying for her SATs. 16. Her entire life is centered on where she lives. She has a strong community of friends, teachers, and mentors here, and these relationships have become a foundation and support for her since we moved here.3 As a single mom raising teenage daughters by myself, I also rely on these relationships. 17. To make matters worse, her father passed away less than a year ago. His illness and death substantially impacted her teenage years, and she is certainly not over that loss. 18. My daughter would be irreparably harmed if she is uprooted from her school and community on the cusp of her senior year, and evicted from her home by her grandmother, through no fault of her own. 19. My older daughter will also be irreparably harmed if Defendants are allowed to evict us from our home. She is in college but she is not yet an adult. She still comes home on breaks and for 3 My daughter is also a gifted piano player. We are relying heavily on her piano playing and competitions as an important factor that will be considered on her college applications. One of her teachers gifted her a grand piano which would certainly not fit into any rental home. 5 5 of 9 FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 summers. Her close friends are here. She also is still working to recover from the loss of her father. It would be extremely and irreparably harmful to her if she loses her home. 20. When my mother cut me off financially but said that I would have a Company owned home and a salary if I moved to New York, I moved. As with any move, especially between countries, it was stressful. It took both my daughters a long time to adjust, and now they feel like they have a home and a community. Now Berrin wants to kick me and her two granddaughters out of our house in retaliation for the appointment of the Monitor. 21. While emotionally, I could “digest” the horror of being evicted from my home by my mother, my daughters could not. I am advised that Courts have held that losing one’s home constitutes irreparable damage. That is true as a general rule and is true here more particularly for the reasons set forth herein. 22. Compelling me to move would also substantially interfere with my ability to prosecute this lawsuit. The upheaval that would be caused by any relocation would consume almost all of my time and attention and would be detrimental to my ability to give this case the frequent attention that is required. 23. In addition, I relied on Defendants’ representations that my daughters and I would be able to remain in our home. I did not plan or budget to have to pay rent and, as set forth above, I cannot even afford to rent a home. 24. Finally, it may well make sense for the Companies to sell other assets or take actions to increase income rather than sell the Zeynep Residence. The house has appreciated substantially and is a valuable asset. 4 4 The house was purchased for approximately $1,700,000 and is now worth approximately $2,110,000 according to Zillow. 6 6 of 9 FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 I CANNOT AFFORD TO RENT IN THE SAME SCHOOL DISTRICT OR CLOSE BY 25. I cannot afford to rent a home for myself and my daughters in the school district or anywhere close by, or even in a good school district. There are few rental properties available in or near Bronxville, and those that are available rent for much more than I can afford. 26. The cheapest two bedroom I found in the school district has rent of $9,995 per month. 27. While I do get a salary of approximately $199,000 from the Companies, once I pay for food for me and my daughter, utilities, services, and repairs for the Zeynep Residence, tutors/SAT prep courses, activities, gasoline for the car, toiletries and household staples, there is nothing left. 28. We are not living an extravagant life. I spend my entire income on basics, and I have no savings. 29. Given that I am in essence a one-third shareholder of the Companies – which have tens or hundreds of millions of dollars of properties – it would be patently unfair to allow Defendants to force me and my daughters out of our home while they continue to live off the Companies in a grand and extravagant manner. CONCLUSION 30. WHEREFORE, for the reasons set forth herein, the accompanying memorandum of law, accompanying affidavit of Yasemin Tekiner, and accompanying affidavit of Scott Parker, it is respectfully requested that this Court grant our motion to renew our preliminary injunction motions and: (a) enjoin Defendants from marketing or selling the Yasemin Residence and Zeynep Residence during the pendency of this case; (b) enjoin Defendants from taking any action to remove or evict Yasemin or Zeynep from the Yasemin Residence or Zeynep Residence, or in any way deprive Yasemin or Zeynep of their right to reside in the Yasemin Residence and Zeynep Residence during the pendency of this case; and 7 7 of 9 FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 8 of 9 FILED: NEW YORK COUNTY CLERK 05/19/2023 12:03 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1635 RECEIVED NYSCEF: 05/19/2023 CERTIFICATION PURSUANT TO COMMERCIAL DIVISION RULE 17 I hereby certify that the foregoing Memorandum of Law 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 2247, which is within the word limit of 7,000. Dated: May 18, 2023 New York, New York ______________ Michele Kahn 9 of 9