Davis v. Rakhimjonov

The following numbered papers were read on this motion: Submitted by Defendant Abdugani Rakhimjonov NYSCEF Doc No. 135: Notice of Motion NYSCEF Doc No. 136: Affirmation of John McEvoy, Esq. in Support NYSCEF Doc No. 137: Exhibit A — Summons and Complaint NYSCEF Doc No. 138: Exhibit B — Answer of Shawn A. Goddard NYSCEF Doc No. 139: Exhibit C — Answer of Vincent Moy and Suen Wai Wong NYSCEF Doc No. 140: Exhibit D — Answer of Abdugani Rakhimjonov NYSCEF Doc No. 141: Exhibit E — Answer of Michael A. Taylor NYSCEF Doc No. 142: Exhibit F — Abdugani Rakhimjonov’s EBT Transcript NYSCEF Doc No. 143: Exhibit G — Police Report NYSCEF Doc No. 144: Exhibit H — Plaintiff’s EBT Transcript NYSCEF Doc No. 145: Exhibit I — Shawn A. Goddard’s EBT Transcript NYSCEF Doc No. 146: Exhibit J — Vincent Moy’s EBT Transcript NYSCEF Doc No. 147: Statement of Material Facts NYSCEF Doc No. 148: Statement of Authorization for Electronic Filing Submitted by Defendant Michael A. Taylor NYSCEF Doc No. 154: Counter-Statement of Material Facts NYSCEF Doc No. 155: Affirmation of Nancy Goodman, Esq. in Opposition Submitted by Defendant Abdugani Rakhimjonov NYSCEF Doc No. 157: Reply Affirmation of John McEvoy DECISION AND ORDER Upon the foregoing papers and having heard oral argument on the record from appearing counsel, the within motion is determined as follows. Background This action arises from an incident that occurred on August 12, 2018, wherein five vehicles were involved in a motor vehicle accident on the eastbound upper lane of the Manhattan Bridge. Defendant Abdugani Rakhimjonov (“Defendant Rakhimjonov”) headed a chain collision when his vehicle was struck from behind by a vehicle operated by Plaintiff Diana Davis (“Plaintiff Davis”). Plaintiff Davis’s vehicle was rear-ended by a vehicle operated by Co- Defendant Michael A. Taylor (“Co-Defendant Taylor”), which was struck from behind by a vehicle operated by Co-Defendant Shawn A. Goddard (“Co-Defendant Goddard”), which was rear-ended by a vehicle operated by Co-Defendant Vincent Moy (“Co-Defendant Moy”) and owned by Co-Defendant Suen Wai Wong. (See NYSCEF Doc No. 136 3, 22; NYSCEF Doc No. 147

1-3; NYSCEF Doc No. 154