Preview
FILED: NEW YORK COUNTY CLERK 05/25/2023 11:50 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1650 RECEIVED NYSCEF: 05/25/2023
EXHIBIT 5
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------- X
YASEMIN TEKINER, : Index No. 657193/2020
in her individual capacity, as a beneficiary and a Trustee : Commercial Division Part 3
of the Yasemin Tekiner 2011 Descendants Trust and
derivatively as a holder of equitable interests in a : Hon. Joel M. Cohen, J.S.C.
shareholder or a member of the Company Defendants,
: Motion Seq. No. 50, 54, 58 &
Plaintiff, 59
:
-against- AFFIDAVIT OF YASEMIN
: TEKINER IN OPPOSITION
BREMEN HOUSE INC., GERMAN NEWS TO THE MOTIONS TO
COMPANY, INC., BERRIN TEKINER, GONCA : WITHDRAW OF PARKER,
TEKINER, and BILLUR AKIPEK, in her capacity as a IBRAHIM & BERG, LLP,
Trustee of The Yasemin Tekiner 2011 Descendants Trust, : FOLEY HOAG LLP, AND
KAHN & GOLDBERG,
Defendants. LLP
------------------------------------------------------------------- X
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 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
STATE OF CALIFORNIA )
:ss:
COUNTY OF LOS ANGELES)
YASEMIN TEKINER, being duly sworn, deposes and says:
1. I am a plaintiff in this action. I submit this affidavit in opposition to the motion of
Foley Hoag LLP ("Foley"), Parker, lbrahim & Berg LLP ("PIB") and Kahn & Goldberg, LLP
("Kahn") to withdraw as counsel for me and my sister Zeynep Tekiner. I previously submitted
an affidavit dated February 16, 2023, in opposition to the motion of Parker, Ibrahim & Berg LLP
to withdraw as my counsel. I submit it and the exhibits to that prior affidavit as Exhibit A to this
affidavit, and incorporate its contents.
2. I am writing this out of the belief that if you lay the truth bare on Justice's
doorstep, Justice will prevail. It is with this belief that I began this lawsuit against my mother,
Berrin Tekiner, and my other sister, Gonca Tekiner, and it is the reason I am appealing to the
Court now.
3. As Your Honor astutely noted in our hearing on January 12, "the system is
broken."
(Transcript Jan. 12, 2023, annexed as Exhibit 8, p. 54, line 16.) But I can't allow the
system to fail me. I still believe in it, and I need it to work. I have no other choice and no other
recourse.
4. I find myself in a horrible predicament. My sister Zeynep Tekiner and I hired
three law firms to represent us for the life of this litigation for . The
language is crystal clear. It states:
2
2 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
.
(Emphasis added.) This agreement is set forth in the First Amendment to
Payment Agreement, which is annexed as Exhibit 1.
5. All three of the firms who agreed to represent us for this entire litigation, are now
trying to abandon us when, as Your Honor noted, we “are not even near trial.” (Transcript Feb.
17, 2023, p. 17, line 14, annexed as Exhibit 12.) They are doing this because we are insisting
Your Honor anticipated this scenario at the hearing on February 17,
2023, on PIB’s order to show cause seeking permission to withdraw. Addressing the possibility
that other firms would follow PIB’s lead and move to withdraw, Your Honor stated, “the
prejudice gets more extreme as each shoe drops, if you know what I mean.” (Id. p. 16, lines 19-
22). Your Honor continued, that if we were to be in the situation that we are in now, where we
“are down to having nobody and everybody left,” (id. p. 17, lines 3-4), then, “That’s a bad
story.” (Id., p. 17, line 15.)
6. That bad story has unfolded as Your Honor anticipated. My case is at risk
because of the coordinated mutiny of Stephen Younger at Foley, Scott Parker and Sanjay
Ibrahim of PIB, and Michelle Kahn at Kahn. These lawyers and law firms were brought into the
case by Mr. Younger – Mr. Parker was his former mentee and longtime associate at Mr.
Younger’s prior firm, and Ms. Kahn is Mr. Younger’s longtime friend and co-counsel on a major
case. I didn’t realize at the time that having only these lawyers with loyalties to Mr. Younger
3
3 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
would be problematic. However, it has been. As I explain below, they have all banded together,
pressuring me and my sister Zeynep, through threatened and actual work stoppages, that have put
our case at risk, to pay fees we do not owe. Now, they are asking this Court to approve their
abandonment of me and Zeynep, breach of ethical obligations to us as clients, and clear breach of
our agreement.
7. Mr. Younger was a partner at Patterson Belknap Webb & Tyler LLP ("Patterson")
when I hired him to represent me. When he moved to Foley, I followed him.
8. My imtial agreement with Foley was . I
paid Foley and Mr. Younger's prior firm, Patterson,
9. Beginning in September or October of 2021,
At that point I had already
been receiving no salary for over one year.
10.
.
4
4 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
11.
12.
13.
.
14.
5
5 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
15.
16.
6
6 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
17.
.
18.
19.
.
20.
21.
7
7 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
.
22.
23.
I never even received an
invoice from them for that period and still have not received those invoices from them despite
multiple requests.
8
8 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
.
24.
25.
26.
9
9 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
27.
28.
29. On November 27, 2022, I had a video conference with Mr. Parker, Mr. Younger
and my fiancé Lisa Rubin.
10
10 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
30. After I got off the video conference, Mr. Younger called my cell phone. I spoke to
him on speaker with my fiancé, Ms. Rubin.
31.
32.
33. Mr. Harwood spoke to Mr. Younger by telephone on November 29, 2022.
g
Mr. Younger told him that Foley would stop
working if I did not pay PIB by the next day. This was the first of many threats I
received from Foley and PIB to stop work. As I detail below, they used these threats, and actual
11
11 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
work stoppages, during a critical time in the case, as discovery was coming to a close, to pressure
me and Zeynep to pay to PIB that we did not owe. As Your Honor observed
at the hearings on January 12, 2022, and February 17, 2023, during this critical time period, my
lawyers failed to meet longstanding court deadlines. The failure to meet these deadlines
threatens to prejudice me and Zeynep even though the failures were not our fault.
34. When Mr. Younger did not get the answer from Mr. Harwood that he wanted, he
called my fiancé, Ms. Rubin, on Saturday December 3rd. He told her that he didn’t call me, his
client, because he was afraid of what he might say to me in his state of mind. He told Ms. Rubin
he was very upset. He said that I should make sure I pay to PIB immediately since
there was a discovery conference with Ms. Klinger that Monday. He said that if PIB did not
receive the by Monday he was afraid that PIB would not show up at the court
conference -- and that no one would show up on behalf of my case. He cut Ms. Rubin off
repeatedly and told her she was “like Tony” (Tony Harwood) when she politely tried to bring up
the Agreement. Ms. Rubin was disturbed by the threatening call and informed me of
what happened. I was alarmed that he would speak like this to Ms. Rubin and that he felt he was
too angry to have a conversation with me. This was when I realized that Steve was upset with
me.
35. The next day, Sunday, December 4th, Mr. Younger followed up his call with a
string of texts to Ms. Rubin. He wrote that Mr. Parker and Mr. Ibrahim were “ballistic,” that they
were having “trouble meeting their payroll,” and that Mr. Younger felt “personally responsible
for letting this go off the rails.” He said that PIB “are not negotiating anything until
Jasmin/Z need to instruct Tony to figure that out or the
12
12 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
up."
whole thing may blow He set an 8 p.m. deadline, stating, "Am w grandkids until 8 or so -
then."
this needs to be resolved by Copies of the text messages are annexed as Exhibit 15.
36. Facing a Sunday night, 8 p.m. deadline to pay or risk blowing up
my case, ,
Mr. Younger had warned in a call with Ms. Rubin that PIB might not show up for the
conference the next morning, Monday, December 5, with the Court.
so that my case would not be hurt
up"
or jeopardized by Foley and PIB. I wanted to ensure that my case would not "blow and that
the attorneys would appear for the Court conference.
37.
38.
.
13
13 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
39. Ms. Kahn,
appointed herself to mediate a solution
between PIB and us.
40. After this meeting, Ms. Kahn arranged another video meeting on Saturday,
December 10, for me, Zeynep and Mr. Harwood, to meet with her, Mr. Parker, and Mr. Ibrahim.
During the meeting, Mr. Ibrahim said he was uncomfortable having Mr. Harwood join the
meeting. He insisted that PIB was not withdrawing and wanted to continue working with us. I
told them I received conflicting information from Steve in emails to me stating
that PIB was withdrawing because they were having trouble making payroll. Mr. Ibrahim said
that was ridiculous and denied ever saying that. He reminded me, just as he had told me the first
time we met, that they were “like family,” they believed in this case and the legacy of my father,
and were going to finish the case no matter what till the end.
41. After the meeting Mr. Harwood contacted Mr. Ibrahim, Mr. Parker and Ms. Kahn
by email, to schedule a time to share thoughts on how to make the structure Mr. Ibrahim
14
14 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
proposed work. On December 13, Mr. Harwood scheduled another meeting by video for
December 19, 2022, with all involved counsel,
We
scheduled the meeting for December 19 because Zeynep and I needed time to get advice from
, from our counsel and from other trusted advisers on how to address the
problem PIB present to us, and because Mr. Harwood had other deadlines that prevented him
from meeting earlier. Initially, everyone accepted the invitation to the meeting except Mr.
Younger.
42. Also on December 13, Mr. Younger finally called me. By this point, and in
dealmg with my family in this case, I realized that the only way I could prove my word to be true
over a group of attorneys who were conspiring to pressure me and Zeynep into
was to have concrete evidence. Given Mr. Younger's prominence,
I believed that if there later was an issue about what he said, his credibility would be substantial,
and I knew he was already threatening me over this sigmficant amount of money. I felt scared
and concerned about my case and myself. So, I arranged for Ms. Rubin to listen to the call as a
witness.
43. During this call, Mr. Younger threatened me, coerced me, and scared me about
my case. He repeatedly spoke over me and lied to me about past events, of which I have a
written record. he said the agreement "didn't
matter," "relationship," relationship."
that this was about a and you have to "adjust the He
insisted I , tried to get me to agree to facts that we
15
15 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
both knew were not true, and when I resisted the gaslighting of his version of events he
reprimanded me. He told me “don’t contradict me!” or “cut it out” as he stream-rolled me and
denigrated Mr. Harwood, telling me to put “Tony” “to the side” and follow Steve’s instructions
instead. I was surprised to hear him dissuade me from consulting Mr. Harwood because Mr.
Younger had told me before to hire Mr. Harwood to address the fee issue. Mr. Younger had
previously told me he could not advise me on the fee dispute because he had a conflict. I
reminded him he had a conflict advising me. He admitted he did have a conflict but kept
instructing me. He told me we were making progress on the case and also admitted that things
had not gotten done on the case due to this payment issue. He described Mr. Ibrahim as a “raging
bull,” insisted PIB couldn’t make payroll and that they were “pounding their chests.” He told me
that
.
44. After that call I felt even more alarmed. Then, in an email dated December 15,
Mr. Ibrahim unilaterally canceled the meeting Mr. Harwood had scheduled for December 19.
(Exhibit 6). He did this after we asked Mr. Ibrahim to clarify in writing the proposal he had
made on December 10 so that we would be in a better position to discuss it. Id. The next day,
December 16, Mr. Ibrahim sent an email saying PIB was stopping work and withdrawing. (Ex.
7).
45. After an email I received on December 22 from Mr. Parker in response to
questions I asked about the status of various pending matters in the lawsuit, I received no further
communications from PIB, despite several inquiries I made by email. None of the lawyers from
16
16 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
PIB appeared at the Dec 19th hearing, or the January 12th hearing. PIB’s only appearance in
Court after Mr. Ibrahim announced his work stoppage was at the hearing on February 17, 2023,
to address PIB’s motion to withdraw. PIB did not come to several depositions, despite having
told me in our video meeting on December 10 that they had multiple lawyers, including Mr.
Ibrahim, working around the clock to prepare for those depositions, which Mr. Ibrahim told me
he planned to take. None of the lawyers at PIB has signed motion papers. After Mr. Ibrahim sent
his work stoppage email, I received communications, including emails, from Mr. Younger
stating that Foley was doing more work because he lacked PIB’S resources.
46. PIB’s work stoppage also is corroborated by the Court’s comments at the hearings
on January 12, 2023, and February 17, 2023. As the Court observed, my counsel failed to meet
discovery deadlines in December that had been before the parties for a long time. Ex. 12 pp. 48,
line 19 to 49, line 5. The Court described these failures as “startling.” Id. My attorneys failed to
complete expert discovery and the Court denied their request to take post note of issue expert
discovery. Id. pp. 57, line 16 to 58 line 5.
47. PIB’s work stoppage has caused me and Zeynep harm. Their withdrawal is
wrongful because it has caused us prejudice, and because they based their withdrawal on
demands for in fees that we do not owe .
They left just as depositions that we had to fight to obtain at great expense were ready to begin.
Mr. Ibrahim told me when we met by video on December 10, that he and other attorneys at his
firm had prepared around the clock to take them. This damage was compounded by Mr.
Younger’s departure from the case for another firm at the end of 2022, and Ms. Kahn’s refusal to
take the depositions. Instead of having experienced counsel, who knew the case, and who had
prepared at great expense, taking the depositions, we were relegated to associates and partners at
17
17 of 23
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 05/25/2023
03/22/2023 11:50
11:25 PM
PM INDEX NO.
INDEX NO. 657193/2020
657193/2020
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 1650
1435 RECEIVED NYSCEF:
RECEIVED NYSCEF: 05/25/2023
03/22/2023
Foley who were either entirely unfamiliar with the case, or who had only been involved briefly.
We received no value, when it came to these depositions, for the substantial financial investment
we made in Mr. Ibrahim, Mr. Younger, Ms. Kahn, Mr. Parker and others.
48. The breakdown in communication with PE is entirely on PB's side, not mine.
They stopped communicatmg with us because Zeynep and I took the entirely justified and
correct position that we owe them . All the
attorneys, including Foley and Kahn,
Preview
FILED: NEW YORK COUNTY CLERK 05/25/2023 11:50 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1650 RECEIVED NYSCEF: 05/25/2023 EXHIBIT 5 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------- X YASEMIN TEKINER, : Index No. 657193/2020 in her individual capacity, as a beneficiary and a Trustee : Commercial Division Part 3 of the Yasemin Tekiner 2011 Descendants Trust and derivatively as a holder of equitable interests in a : Hon. Joel M. Cohen, J.S.C. shareholder or a member of the Company Defendants, : Motion Seq. No. 50, 54, 58 & Plaintiff, 59 : -against- AFFIDAVIT OF YASEMIN : TEKINER IN OPPOSITION BREMEN HOUSE INC., GERMAN NEWS TO THE MOTIONS TO COMPANY, INC., BERRIN TEKINER, GONCA : WITHDRAW OF PARKER, TEKINER, and BILLUR AKIPEK, in her capacity as a IBRAHIM & BERG, LLP, Trustee of The Yasemin Tekiner 2011 Descendants Trust, : FOLEY HOAG LLP, AND KAHN & GOLDBERG, Defendants. LLP ------------------------------------------------------------------- X 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 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 STATE OF CALIFORNIA ) :ss: COUNTY OF LOS ANGELES) YASEMIN TEKINER, being duly sworn, deposes and says: 1. I am a plaintiff in this action. I submit this affidavit in opposition to the motion of Foley Hoag LLP ("Foley"), Parker, lbrahim & Berg LLP ("PIB") and Kahn & Goldberg, LLP ("Kahn") to withdraw as counsel for me and my sister Zeynep Tekiner. I previously submitted an affidavit dated February 16, 2023, in opposition to the motion of Parker, Ibrahim & Berg LLP to withdraw as my counsel. I submit it and the exhibits to that prior affidavit as Exhibit A to this affidavit, and incorporate its contents. 2. I am writing this out of the belief that if you lay the truth bare on Justice's doorstep, Justice will prevail. It is with this belief that I began this lawsuit against my mother, Berrin Tekiner, and my other sister, Gonca Tekiner, and it is the reason I am appealing to the Court now. 3. As Your Honor astutely noted in our hearing on January 12, "the system is broken." (Transcript Jan. 12, 2023, annexed as Exhibit 8, p. 54, line 16.) But I can't allow the system to fail me. I still believe in it, and I need it to work. I have no other choice and no other recourse. 4. I find myself in a horrible predicament. My sister Zeynep Tekiner and I hired three law firms to represent us for the life of this litigation for . The language is crystal clear. It states: 2 2 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 . (Emphasis added.) This agreement is set forth in the First Amendment to Payment Agreement, which is annexed as Exhibit 1. 5. All three of the firms who agreed to represent us for this entire litigation, are now trying to abandon us when, as Your Honor noted, we “are not even near trial.” (Transcript Feb. 17, 2023, p. 17, line 14, annexed as Exhibit 12.) They are doing this because we are insisting Your Honor anticipated this scenario at the hearing on February 17, 2023, on PIB’s order to show cause seeking permission to withdraw. Addressing the possibility that other firms would follow PIB’s lead and move to withdraw, Your Honor stated, “the prejudice gets more extreme as each shoe drops, if you know what I mean.” (Id. p. 16, lines 19- 22). Your Honor continued, that if we were to be in the situation that we are in now, where we “are down to having nobody and everybody left,” (id. p. 17, lines 3-4), then, “That’s a bad story.” (Id., p. 17, line 15.) 6. That bad story has unfolded as Your Honor anticipated. My case is at risk because of the coordinated mutiny of Stephen Younger at Foley, Scott Parker and Sanjay Ibrahim of PIB, and Michelle Kahn at Kahn. These lawyers and law firms were brought into the case by Mr. Younger – Mr. Parker was his former mentee and longtime associate at Mr. Younger’s prior firm, and Ms. Kahn is Mr. Younger’s longtime friend and co-counsel on a major case. I didn’t realize at the time that having only these lawyers with loyalties to Mr. Younger 3 3 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 would be problematic. However, it has been. As I explain below, they have all banded together, pressuring me and my sister Zeynep, through threatened and actual work stoppages, that have put our case at risk, to pay fees we do not owe. Now, they are asking this Court to approve their abandonment of me and Zeynep, breach of ethical obligations to us as clients, and clear breach of our agreement. 7. Mr. Younger was a partner at Patterson Belknap Webb & Tyler LLP ("Patterson") when I hired him to represent me. When he moved to Foley, I followed him. 8. My imtial agreement with Foley was . I paid Foley and Mr. Younger's prior firm, Patterson, 9. Beginning in September or October of 2021, At that point I had already been receiving no salary for over one year. 10. . 4 4 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 11. 12. 13. . 14. 5 5 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 15. 16. 6 6 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 17. . 18. 19. . 20. 21. 7 7 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 . 22. 23. I never even received an invoice from them for that period and still have not received those invoices from them despite multiple requests. 8 8 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 . 24. 25. 26. 9 9 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 27. 28. 29. On November 27, 2022, I had a video conference with Mr. Parker, Mr. Younger and my fiancé Lisa Rubin. 10 10 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 30. After I got off the video conference, Mr. Younger called my cell phone. I spoke to him on speaker with my fiancé, Ms. Rubin. 31. 32. 33. Mr. Harwood spoke to Mr. Younger by telephone on November 29, 2022. g Mr. Younger told him that Foley would stop working if I did not pay PIB by the next day. This was the first of many threats I received from Foley and PIB to stop work. As I detail below, they used these threats, and actual 11 11 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 work stoppages, during a critical time in the case, as discovery was coming to a close, to pressure me and Zeynep to pay to PIB that we did not owe. As Your Honor observed at the hearings on January 12, 2022, and February 17, 2023, during this critical time period, my lawyers failed to meet longstanding court deadlines. The failure to meet these deadlines threatens to prejudice me and Zeynep even though the failures were not our fault. 34. When Mr. Younger did not get the answer from Mr. Harwood that he wanted, he called my fiancé, Ms. Rubin, on Saturday December 3rd. He told her that he didn’t call me, his client, because he was afraid of what he might say to me in his state of mind. He told Ms. Rubin he was very upset. He said that I should make sure I pay to PIB immediately since there was a discovery conference with Ms. Klinger that Monday. He said that if PIB did not receive the by Monday he was afraid that PIB would not show up at the court conference -- and that no one would show up on behalf of my case. He cut Ms. Rubin off repeatedly and told her she was “like Tony” (Tony Harwood) when she politely tried to bring up the Agreement. Ms. Rubin was disturbed by the threatening call and informed me of what happened. I was alarmed that he would speak like this to Ms. Rubin and that he felt he was too angry to have a conversation with me. This was when I realized that Steve was upset with me. 35. The next day, Sunday, December 4th, Mr. Younger followed up his call with a string of texts to Ms. Rubin. He wrote that Mr. Parker and Mr. Ibrahim were “ballistic,” that they were having “trouble meeting their payroll,” and that Mr. Younger felt “personally responsible for letting this go off the rails.” He said that PIB “are not negotiating anything until Jasmin/Z need to instruct Tony to figure that out or the 12 12 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 up." whole thing may blow He set an 8 p.m. deadline, stating, "Am w grandkids until 8 or so - then." this needs to be resolved by Copies of the text messages are annexed as Exhibit 15. 36. Facing a Sunday night, 8 p.m. deadline to pay or risk blowing up my case, , Mr. Younger had warned in a call with Ms. Rubin that PIB might not show up for the conference the next morning, Monday, December 5, with the Court. so that my case would not be hurt up" or jeopardized by Foley and PIB. I wanted to ensure that my case would not "blow and that the attorneys would appear for the Court conference. 37. 38. . 13 13 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 39. Ms. Kahn, appointed herself to mediate a solution between PIB and us. 40. After this meeting, Ms. Kahn arranged another video meeting on Saturday, December 10, for me, Zeynep and Mr. Harwood, to meet with her, Mr. Parker, and Mr. Ibrahim. During the meeting, Mr. Ibrahim said he was uncomfortable having Mr. Harwood join the meeting. He insisted that PIB was not withdrawing and wanted to continue working with us. I told them I received conflicting information from Steve in emails to me stating that PIB was withdrawing because they were having trouble making payroll. Mr. Ibrahim said that was ridiculous and denied ever saying that. He reminded me, just as he had told me the first time we met, that they were “like family,” they believed in this case and the legacy of my father, and were going to finish the case no matter what till the end. 41. After the meeting Mr. Harwood contacted Mr. Ibrahim, Mr. Parker and Ms. Kahn by email, to schedule a time to share thoughts on how to make the structure Mr. Ibrahim 14 14 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 proposed work. On December 13, Mr. Harwood scheduled another meeting by video for December 19, 2022, with all involved counsel, We scheduled the meeting for December 19 because Zeynep and I needed time to get advice from , from our counsel and from other trusted advisers on how to address the problem PIB present to us, and because Mr. Harwood had other deadlines that prevented him from meeting earlier. Initially, everyone accepted the invitation to the meeting except Mr. Younger. 42. Also on December 13, Mr. Younger finally called me. By this point, and in dealmg with my family in this case, I realized that the only way I could prove my word to be true over a group of attorneys who were conspiring to pressure me and Zeynep into was to have concrete evidence. Given Mr. Younger's prominence, I believed that if there later was an issue about what he said, his credibility would be substantial, and I knew he was already threatening me over this sigmficant amount of money. I felt scared and concerned about my case and myself. So, I arranged for Ms. Rubin to listen to the call as a witness. 43. During this call, Mr. Younger threatened me, coerced me, and scared me about my case. He repeatedly spoke over me and lied to me about past events, of which I have a written record. he said the agreement "didn't matter," "relationship," relationship." that this was about a and you have to "adjust the He insisted I , tried to get me to agree to facts that we 15 15 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 both knew were not true, and when I resisted the gaslighting of his version of events he reprimanded me. He told me “don’t contradict me!” or “cut it out” as he stream-rolled me and denigrated Mr. Harwood, telling me to put “Tony” “to the side” and follow Steve’s instructions instead. I was surprised to hear him dissuade me from consulting Mr. Harwood because Mr. Younger had told me before to hire Mr. Harwood to address the fee issue. Mr. Younger had previously told me he could not advise me on the fee dispute because he had a conflict. I reminded him he had a conflict advising me. He admitted he did have a conflict but kept instructing me. He told me we were making progress on the case and also admitted that things had not gotten done on the case due to this payment issue. He described Mr. Ibrahim as a “raging bull,” insisted PIB couldn’t make payroll and that they were “pounding their chests.” He told me that . 44. After that call I felt even more alarmed. Then, in an email dated December 15, Mr. Ibrahim unilaterally canceled the meeting Mr. Harwood had scheduled for December 19. (Exhibit 6). He did this after we asked Mr. Ibrahim to clarify in writing the proposal he had made on December 10 so that we would be in a better position to discuss it. Id. The next day, December 16, Mr. Ibrahim sent an email saying PIB was stopping work and withdrawing. (Ex. 7). 45. After an email I received on December 22 from Mr. Parker in response to questions I asked about the status of various pending matters in the lawsuit, I received no further communications from PIB, despite several inquiries I made by email. None of the lawyers from 16 16 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 PIB appeared at the Dec 19th hearing, or the January 12th hearing. PIB’s only appearance in Court after Mr. Ibrahim announced his work stoppage was at the hearing on February 17, 2023, to address PIB’s motion to withdraw. PIB did not come to several depositions, despite having told me in our video meeting on December 10 that they had multiple lawyers, including Mr. Ibrahim, working around the clock to prepare for those depositions, which Mr. Ibrahim told me he planned to take. None of the lawyers at PIB has signed motion papers. After Mr. Ibrahim sent his work stoppage email, I received communications, including emails, from Mr. Younger stating that Foley was doing more work because he lacked PIB’S resources. 46. PIB’s work stoppage also is corroborated by the Court’s comments at the hearings on January 12, 2023, and February 17, 2023. As the Court observed, my counsel failed to meet discovery deadlines in December that had been before the parties for a long time. Ex. 12 pp. 48, line 19 to 49, line 5. The Court described these failures as “startling.” Id. My attorneys failed to complete expert discovery and the Court denied their request to take post note of issue expert discovery. Id. pp. 57, line 16 to 58 line 5. 47. PIB’s work stoppage has caused me and Zeynep harm. Their withdrawal is wrongful because it has caused us prejudice, and because they based their withdrawal on demands for in fees that we do not owe . They left just as depositions that we had to fight to obtain at great expense were ready to begin. Mr. Ibrahim told me when we met by video on December 10, that he and other attorneys at his firm had prepared around the clock to take them. This damage was compounded by Mr. Younger’s departure from the case for another firm at the end of 2022, and Ms. Kahn’s refusal to take the depositions. Instead of having experienced counsel, who knew the case, and who had prepared at great expense, taking the depositions, we were relegated to associates and partners at 17 17 of 23 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/25/2023 03/22/2023 11:50 11:25 PM PM INDEX NO. INDEX NO. 657193/2020 657193/2020 NYSCEF DOC. NYSCEF DOC. NO. NO. 1650 1435 RECEIVED NYSCEF: RECEIVED NYSCEF: 05/25/2023 03/22/2023 Foley who were either entirely unfamiliar with the case, or who had only been involved briefly. We received no value, when it came to these depositions, for the substantial financial investment we made in Mr. Ibrahim, Mr. Younger, Ms. Kahn, Mr. Parker and others. 48. The breakdown in communication with PE is entirely on PB's side, not mine. They stopped communicatmg with us because Zeynep and I took the entirely justified and correct position that we owe them . All the attorneys, including Foley and Kahn,