Preview
FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
All attorneys and staff are employees of American Transit Insurance Company
Feb 14, 2024
Via NYSCEF
VOTTO & ALBEE, PLLC
30 BAY ST., 7TH FLR
STATEN ISLAND, NY 10301
Re: ROMAIN WILLIAMS v. KODIR BEKNAZAROV, ET AL
Case ID No.: 122886
File Number: 1070375
Index Number: 719146/2022
D/O/L: SEPTEMBER 16, 2019
Dear Counselor:
In response to your correspondence dated February 8, 2024, please find enclosed
herewith courtesy copies of Defendants/Third-Party Plaintiffs’ responses to the referenced
demands, which were served upon your office electronically on December 18, 2023 along with
Defendants/Third-Party Plaintiffs’ response to the Third-Party Defendant’s Demand for Bill of
Particulars.
Kindly mark your records accordingly.
If you have any questions, please contact the undersigned at (212) 857-8230, Ext. 1645 or
at oaremu@bm3law.com.
Thank you for your cooperation in this matter.
Very truly yours,
BAKER, McEVOY & MOSKOVITS
RZM/oa
Enclosure:
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
Oluwatoyin Aremu
From: Oluwatoyin Aremu
Sent: Monday, December 18, 2023 1:55 PM
To: 'wlawyers@gmail.com'; 'calbee@vcinslaw.com'
Cc: jimbornoni@vaughanbaio.com
Subject: WILLIAMS v. BEKNAZAROV, ET AL; INDEX NO. 719146/2022; FILE NO. 1070375
Attachments: Attachment.pdf; BP-WILLIAMS.pdf
Importance: High
Counselors:
Attached are Defendants/Third-Party Plaintiffs’ responses to Plaintiff’s discovery demands and the 3rd Party Defendant’s
demands. Pls confirm receipt. Thanks
Sincerely,
Toyin Aremu, Senior Paralegal
Pronouns: She/Her
Phone: (212) 857-8230, Ext. 1645
Email: oaremu@bm3law.com
** Memento Mori, Memento Vivere!
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documents and with attachments, please send them in .pdf format as we are
not able to access Dropbox locations or links
NOTICE: THE INFORMATION CONTAINED IN THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------X Index No.: 719146/2022
ROMAIN WILLIAMS,
Plaintiff(s), RESPONSE TO
DEMANDS
-against-
KODIR BEKNAZAROV, KHOTAM SOIBOV,
LYFT INC., FLEXDRIVE SERVICES LLC,
UBER TECHNOLOGIES INC. and UBER USA LLC,
Defendant(s).
File No.: 1070375
-----------------------------------------------------------------------------X
KODIR BEKNAZAROV and KHOTAM SOIBOV,
Third-Party Plaintiff(s)
-against-
MWANZA THOM-GOULDING,
Third-Party Defendant(s).
-------------------------------------------------------------------------------X
PLEASE TAKE NOTICE that Defendants, KHOTAM SOIBOV and KODIR
BEKNAZAROV, make the following responses to Discovery Demands dated March 23, 2023
and Third-Party Defendant’s Discovery Demands dated December 11, 2023 in the above action:
Hospital Chart and Medical Records: None other than those that may have been furnished
by Plaintiff.
Insurance Information: American Transit Ins. Co. (see attached Dec Sheet); Excess
Insurance Affidavit for Defendant, Kodir Beknazarov, is attached. Affidavit for
Defendant, Khotam Soibov, will be furnished under separate cover.
Surveillance Materials: None.
Witnesses: None known, except those listed on accident reports noted.
Photographs of the Scene of Occurrence: None.
Photographs of Defendant Vehicle: None.
1
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
WILLIAMS v. BEKNAZAROV RESPONSE TO DEMANDS PAGE 2
List of Attorneys: Enclosed herewith.
Other Actions: Mwanza Thom-Goulding V. Khotam Soibov, et al; Index Number
702819/2020.
Expert Witness(es): To be provided, if/when retained.
Arbitration: None.
Copies of all Pleadings: All Pleadings are accessible on NYSCEF.
Accident Reports: None, except the attached MV-104.
Adverse Party Statements: None.
Defendants reserve the right to amend and/or supplement these responses up to the time of trial.
Dated: December 18, 2023
Brooklyn, New York
BAKER, McEVOY & MOSKOVITS
Attorneys for Defendants
One Metrotech Center, 7th Flr.
Brooklyn, New York 11201
212-857-8230
Mailing Address
5 Broadway, Ste 3
Freeport, NY 11520
To: WELLERSTEIN & ASSOCIATES, P.C.
Attorneys for Plaintiff(s)
Romain Williams
6045 ELIOT AVE.
MASPETH, NY 11378
(718) 366-1000
Email: wlawyers@gmail.com
VOTTO & ALBEE, PLLC
Attorneys for Third-Party Defendant
Mwanza Thom-Goulding
2
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
WILLIAMS v. BEKNAZAROV RESPONSE TO DEMANDS PAGE 3
30 BAY ST., 7TH FLR
STATEN ISLAND, NY 10301
(718) 720-2877
File No.: AL-16475
Email: calbee@vcinslaw.com
VAUGHAN BAIO & PARTNERS
Attorneys for Defendants
Uber Technologies and Uber USA
229 W. 36TH ST., 8TH FLR
NEW YORK, NY 10018
(212) 377-5229
Email: jimbornoni@vaughanbaio.com
3
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23CERTIFICATE OF LIABILITY INSURANCE RECEIVED NYSCEF: 02/14/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER INSURER AFFORDING COVERAG
DND Ocean Brokerage, Inc AMER1CAN TRAN$lf Ó½Ç litiPANY
1738 CONEY ISLAND AVE
BROOKLYN, NY 11230 212 857-8 8W E$3 f V
INSURED
SOIBOV,KHOTAM
761 1 2IST AVR 3F
BROOKLYN, NY 11214
AUTOMOBILE LIABILITY POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
SCHEDULED AUTO B902394 03/06/2019 (12:01 AM) 03/06/2020 (12:01 AM)
COVERAGES LIMITS OF LIABILITY
BODJLY INJURY 000,000 EACH PERSON
$300,000 EACH ACCIDENT
PROPERTY DAMAGE $10,000 EACH ACCIDENT
UNINSURED MOTORIST EACH PERSON
EACH ACCDENT
SUPPLEMENTAL UNINSURED/UNDERINSURED MOTORIST $25,000 EACH PERSON
$50,000 EACHACCIDENT
MANDATORY PERSONAL INJURY PROTECTION $50,000
ADDITIONAL PIP $150,000
AGGREGATE NO-FAULT $200,000
COMPREHENSIVE COLLISION
DESCRIPTION OF REGISTERED OWNED VEHICLE(S)
2018 HONDA ACCORD VIN: 1HGCV1F14JA075219 Effective: 03/07/2019
CERTIFICATE HOLDER CANCELLATION
NYC TAXT AND LIMOUSINE COMMTSSION SHOULD ANY OF THE ABOVE DESCRIHED POLICIES BE CANCELLED HEFORE THE
EXPIRATION DATE THEREOF, THE ISSUlNG INSURER W1LL ENDEAVOR TO MAIL
31-00 47 AVE.3FL· 30 DAYS WRUlTEN NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT,
BUT FAl LURE TO DO SO SHALL IMPOSE NO OBLJGATION OR LIABILITY OF ANY
LONG 1SLAND CITY NY 11101
KIND UPON THE INSURER OR REPRESENTATIVES
DISCLABIER
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTlTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S ,
OR PRODUCER, AND THE CERTIFICATE HOLDER, NOR OOES IT AFFIR-MATLVELY OR NEGATIVELY AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED THEREON.
AUTHORIZED REPRESENTATIVE
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
INDIVIDUAL OWNER/ DRIVER EXCESS LIABILITY COVERAGE IN MOTOR
VEHICLE ACCIDENTS
TO: MOTOR VEHICLE OPERATOR DATE:
NAME: & T)'q
T-AM•O
ADDRESS:ern Ea thd 0e d 3E
Bran\ Wy g2So
TEL. #: W 5 B A
DATE OF ACCIDENT: 09/16/2019
POLICY NUMBER: B902394
POLICY LIMITS: 100/300/10
BM3 FILE #: 1070375
VEHICLE PLATE # T707059C
I , being duly sworn deposes and says:
1. Did you own the vehicle that was involved in the accident on 09/16/2019?
Answer: YES or NO
2. At the time accident, did you have any excess or umbrella liability insurance policies in
your name, the name of your spouse, or the name of any relative with whom you reside(d)?
Answer: YES or NO
3. At the time of the accident, did you own another vçhicle/privat vehicle?
Answer: YES or
4. Did any relative residing with you at the time of accident own a vehicle/private vehicle?
Answer: YES or NO
Received:11/4/2020 08:22:25 AM 009531 BM Abaird
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
5. If you answered YES to any of the questions in #2 through #4, provide the following
information:
Name of Insurance Company
Policy Number:. D O
Dates of Coverage
Amount of Coverage
Excess or Umbrella Coverage Information
Print name: L 74t-O signature:
Sworn to before me this .
day of , 20 c Ú
Qualified in Kings County8
Commission Ex Itep A ;1
Notary u ic
PLEASE COMPLETE ALL FORMS, NOTARIZE AND RETURN ALL ORIGINALS TO
BAKER, MCEVOY & MOSKOVITS, PC IN THE STAMPED, SELF-ADDRESSED
ENVELOPE.
Received:11/4/2020 08:22:25 AM 009531 BM Abaird
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC.
MV-104
NO. 23
PAGE 1 of 2 Ä- RECEIVED NYSCEF: 02/14/2024
(5/11) FOLD HERE
New York State Department of Motor VehiCles
°happ°e e Or s e REPORT OF MOTOR VEHICLE ACCIDENT
www.drnv.ny.gov
BEFORE COMPLETING THIS FORM, READ THE INSTRUCTIONSIN SECTIONA ON PAGE 2
DONOTFORGET
ACCIDENT DATE Page 1 Of 1 RUSH - DRIVER OF VEHICLE 1 - LICENSE SUSPENDED FOR FAILURE TO REPORT |
AccidentDate DayofWeek Time Numberof Number Number DidpoliceinvestigateIf "Yes",NameofPoliceAgencyor Precinct&AccidentNumber
Month | Day | Year AM Vehicles Injured Killed accidentatscene?
9 MONDAY 12:00 PM 1 O Yes No
j 16 j2015
DRIVEROF VEHICLE 1 VEHICLE 2 O PEDESTRIAN O BICYCLIST O OTHER PEDESTRIAN
DriverLicenseIDNumber Stateof License DriverLicenseIDNumber tateof License 2
0 268132441 NY
DriverName-exactlyasprintedonlicense(Last,First,M.I.) Name-exactlyasprintedonlicense(Last,First,M.I.)
BEKNAZAROV , KODIR
LI Address(IncludeNumber& Street) Apt.Number Address(IncludeNumber& Street) Apt.Number
>
p 1447 E 2ND ST 3E
C1 CityorTown State ZipCode CityorTown State ZipCode
BROOKLYN NY 11230
DateofBirth Sex Number.of Public Dateof Birth Sex Numberof Public
M th Day Year Peoplein Property Month Day Year Peoplein Property
I 18 1998 M vehicle Damaged Vehicle DamagedO 3
Name-exactly asprintedonregistration Dateof Birth Sex asprintedonregistration
Name--exactly Dateof Birth Sex
Month I Day Year Month | Day I Year
l- SOIBOV , KHOTAM
Address(IncludeNumber& Street) Apt.Number Address(IncludeNumber& Street) Apt.Number
7611 21ST AVE 3F 4
CityorTown State ZipCode CityorTown State ZipCode
BROOKLYN NY 11214
PlateNumber StateofReg. VehicleYear& Make VehicleType Ins.Code PlateNumber Stateof Reg. VehicleYear& Make VehicleType Ins.Code 5
T70 70 5 9C NY 2018HONDA SED 36 HWT72 5 2 FORD
Costof PropertyDamage-Vehicle1
Estimated Estimated Costof PropertyDamage- Vehicle2
O $1,001-$1,500 O $1.501-$2,500 O Over$2,500 O $1,001-$1,500 O $1,501-$2,500 O Over$2.500 6
LLI Describedamageto vehicle1 ACCIDENT DIAGRAM:Circleoneof the9 diagrams(numb:red0-8) if it LeftTum RearEnd Sideswipe Describedamageto vehicle2
describes
theaccident,ordrawyourowndiagrambelowinspace#9. (samedirection)
Numberthevehicles.Yourvehicleis# 1
0. 1 2.
LeftTurn RightAngle RightTum
3. 4. 5. 23
RightTurn HeadOn Sideswipe
(opposite
direction)
9. 6- 7 8 24
Place Where Accident Occurred in New York State:
Z County KCity O Village O Town of QUEENS . PermanentLandmark
O Roadon whichaccidentoccurred
º (RouteNumberorStreetName)
at 01) intersectingstreet 25
O (RouteNumberorStreetName)
ON OS
or 2) O E O W of
Feet Miles Nearest
(Milepost, RouteNumber
intersecting orStreetName)
Howdid the accidenthappen?
VEH1 WAS COMPLETING A LEFT TURN FROM MERRIC BLVD,WHEN VEH2 SPEED UP AND STRUCKED VEH1
o
O
27
8.WhichVeh.9. Position 10. Safety 12. 13. 16.Injury If Deceased,
Enter
NamesofAllPersonsInvolved Occupied in/onVehicle Equip.Used Age Sex A B C DescribeInjuries DateofDeath
C
II
l- 28
)P®
Damagh 1HGCV1F14 JAO7 52 19
Nameof Insurance Company Policy
ThatIssuedPolicyForVehicle1 Number B902394 -0
NameandAddressof 29
PolicyPeriod
PoncyHolder From 03/06/2019 To 03/06/2020
IfVehiclewasOperatedUnderPermit NameandAddress
(ICC,USDOTor NYSDOT), giveNo. of PermitHolder
- If Self-Insured,
give andState .. 30
CertificateNo.
Datt PrintNameofDriver Signature ofDriver
(orRepresentative*) (orRepresentative')
12 18 2019 ofVehicle1 KODIR BEKNAZAROV of Vehicle1
* A representativemay sign for the driver if the driver is unableto sign *" ** * * * * * ^ - *
becauseof injuryor death.Ifyou are signingas the driver'srepresentative, O Injury
* * *
checkthe boxthatdescribeswhy the drivercannotsign. Death
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FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------X INDEX #: 719146/2022
ROMAIN WILLIAMS,
Plaintiff(s), VERIFIED BILL OF
PARTICULARS AS TO
-against- THIRD-PARTY
COMPLAINTS
KODIR BEKNAZAROV, KHOTAM SOIBOV,
LYFT INC., FLEXDRIVE SERVICES LLC,
UBER TECHNOLOGIES INC. and uber usa llc,
Defendant(s)
-----------------------------------------------------------------------X FILE #: 1070375
KODIR BEKNAZAROV and KHOTAM SOIBOV,
Third-Party Plaintiff(s),
-against-
MWANZA THOM-GOULDING,
Third-Party Defednant(s).
-------------------------------------------------------------------------------X
Defendants/Third-Party Plaintiffs, KODIR BEKNAZAROV and KHOTAM SOIBOV, by
his/her/their attorneys, BAKER, McEVOY & MOSKOVITS, submit the following Verified Bill of
Particulars as to the Third-Party complaint:
1-2. Upon information and belief, Third-Party Defendant’s culpable conduct and/or
contributory negligence occurred on Monday September 16, 2019, at approximately 12:00pm, at
or Merrick Boulevard, at or near the intersection of Springfield Boulevard, in the County of
Queens, City and State of New York.
3. The defenses of culpable conduct and/or contributory negligence on the part of Third-
Party Defendants is premised on negligent operation, maintenance, management and/or control
of his/her/their motor vehicle, or in failing to take the due care and caution which a reasonable
person would take under the circumstances then prevailing and apparent; in causing and/or
permitting his/her/their motor vehicle to be operated at unreasonable speed under all the
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
circumstances and conditions there and then prevailing and apparent; in failing to slow and/or
stop, or failing to otherwise make reasonable and prudent efforts to avoid contact with other
vehicle(s) on the roadway; in failing to maintain vigilance to see what there was to see, and/or
observe apparent conditions on, in, or near the roadway and take reasonable precautions in
response thereto; in failing to make proper use of the horn and/or braking systems of his/her/their
motor vehicle(s), or to otherwise reasonably warn of impending contact; in failing to obey or
heed any existing and functional traffic control devices, signs, or indicators, and/or to yield the
right of way; in operating his/her/their motor vehicle in a manner contrary to and/or in violation
of statutes, codes, ordinances, rules and/or regulations of the City and/or State of New York.
4-7. Inapplicable.
8. It is asserted that Third-Party Defendant may have violated all or some of the following
sections of the Vehicle and Traffic Law of the State of New York: 1100, 1101, 1110, 1111, 1112,
1120, 1128, 1129, 1140, 1141, 1142, 1143, 1144, 1145, 1150, 1151, 1154, 1160, 1162, 1163,
1166, 1172, 1173, 1180, 1190; And in otherwise failing to undertake reasonable and available
efforts to avoid the subject accident. The specific acts, or failure to act, on the part of the Third-
Party Defendant, which will support the claim of alleged contributory negligence in the
happening of the subject accident, is evidentiary in nature, and not a proper subject of demand
for Bill of Particulars.
9-33: Inapplicable to the responding parties.
Dated: Brooklyn, New York
February 14, 2024
BAKER, McEVOY & MOSKOVITS
Attorneys for Defendants/
Third-Party Plaintiffs
Kodir Beknazarov and
Khotam Soibov
One Metrotech Center, 7th Flr.
Brooklyn, New York 11201
212-857-8230
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
Mailing Address
5 Broadway, Ste 3
Freeport, NY 11520
TO: VOTTO & ALBEE, PLLC
Attorneys for Third-Party Defendant
Mwanza Thom-Goulding
30 BAY ST., 7TH FLR
STATEN ISLAND, NY 10301
(718) 720-2877
File No.: AL-16475
Email: calbee@vcinslaw.com
WELLERSTEIN & ASSOCIATES, P.C.
Attorneys for Plaintiff(s)
Romain Williams
6045 ELIOT AVE.
MASPETH, NY 11378
(718) 366-1000
Email: wlawyers@gmail.com
VAUGHAN BAIO & PARTNERS
Attorneys for Defendants
Uber Technologies and Uber USA
229 W. 36TH ST., 8TH FLR
NEW YORK, NY 10018
(212) 377-5229
Email: jimbornoni@vaughanbaio.com
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
ATTORNEY VERIFICATION
I, RONIT Z. MOSKOVITS, affirm this 14th day of February, 2024, under the penalties of
perjury under the laws of New York, which may include a fine or imprisonment, that the
foregoing is true, and I understand that this document may be filed in an action or proceeding in
a court of law. I am an attorney admitted to practice in the Court of New York, affirms pursuant
to CPLR 2106, upon information and belief, as follows:
Affirmant is a member of the firm of BAKER, McEVOY & MOSKOVITS, attorneys of
record for the defendant(s) in the above-entitled action. Affirmant has read the foregoing
DEFENDANTS/THIRD-PARTY PLAINTIFFS VERIFIED BILL OF PARTICULARS, and
represents the contents to be true, upon personal knowledge and/or information and belief. This
verification is made by Affirmant, and not by Defendant(s), because said Defendant(s) were not within
the County in which BAKER, McEVOY & MOSKOVITS, maintains their offices for the practice of
law when this VERIFIED BILL OF PARTICULARS was drafted. The grounds of Affirmant's
information and belief are as follows:
THE FILE MAINTAINED BY BAKER, McEVOY & MOSKOVITS, AND
INFORMATION SUPPLIED BY THE DEFENDANTS AND/OR
AMERICAN TRANSIT INSURANCE COMPANY
DATED: Brooklyn, New York
February 14, 2024
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
INDEX #: 719146/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
___________________________________________________________
ROMAIN WILLIAMS,
Plaintiff(s),
- against -
KODIR BEKNAZAROV, KHOTAM SOIBOV,
LYFT INC., FLEXDRIVE SERVICES LLC,
UBER TECHNOLOGIES INC. and UBER USA LLC,
Defendant(s).
___________________________________________________________
KODIR BEKNAZAROV and KHOTAM SOIBOV,
Third-Party Plaintiff(s),
-against-
MWANZA THOM-GOULDING,
Third-Party Defendant(s).
___________________________________________________________
DEFENDANTS/THIRD-PARTY PLAINTIFFS’
VERIFIED BILL OF PARTICULARS
__________________________________________________________________
__________________________________________________________________
BAKER, McEVOY & MOSKOVITS
Attorneys for Defendants/Third-Party Plaintiffs:
KODIR BEKNAZAROV and KHOTAM SOIBOV
1 Metrotech Center, 7th Flr. Mailing Address
Brooklyn, NY 11201 5 Broadway, Ste 3
212-857-8230 Freeport, NY 11520
___________________________________________________________________
___________________________________________________________________
Signing requirement pursuant to 130-1.1-a
____________________________________________________________________
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------------X INDEX #: 719146/2022
ROMAIN WILLIAMS,
Plaintiff(s), VERIFIED BILL OF
PARTICULARS AS
TO AFFIRMATIVE
-against- DEFENSES
KODIR BEKNAZAROV, KHOTAM SOIBOV,
LYFT INC., FLEXDRIVE SERVICES LLC,
UBER TECHNOLOGIES INC. and uber usa llc,
Defendant(s)
-----------------------------------------------------------------------X FILE #: 1070375
KODIR BEKNAZAROV and KHOTAM SOIBOV,
Third-Party Plaintiff(s),
-against-
MWANZA THOM-GOULDING,
Third-Party Defednant(s).
-------------------------------------------------------------------------------X
Defendants/Third-Party Plaintiffs, KHOTAM SOIBOV and KODIR BEKNAZAROV,
by his/her/their attorneys, BAKER, McEVOY & MOSKOVITS, submit the following Verified
Bill of Particulars as to the affirmative defenses asserted in their Answer:
AS TO THE FIRST AFFIRMATIVE DEFENSE:
The defense of lack of personal jurisdiction will be withdrawn upon proof that the
Plaintiff properly served process on the defendant(s) herein, or will expire at a time certain set by
statute, or may result in a motion to dismiss within the time set by statute.
AS TO THE SECOND AFFIRMATIVE DEFENSE:
The defense of lack of subject matter jurisdiction is premised on New York Insurance
Law 5104(a), setting forth that no cause of action for noneconomic loss is permitted to be
maintained in the courts of New York unless plaintiff has shown, in the first instance, by
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
competent objective medical proof, that the personal injuries alleged are “serious injury”, as that
term is defined by Insurance Law 5102(d).
AS TO THE THIRD AFFIRMATIVE DEFENSE:
The defense of culpable conduct and/or contributory negligence on the part of the Plaintiff(s)
in the happening of the subject accident is/are premised on failure to take adequate and timely
precautions for his/her own safety; in failing to warn the driver of apparent and known conditions; in
encouraging or demanding the vehicle be operated in an unsafe and/or unreasonable manner; in
engaging in conduct, intentional or otherwise, which distracted, interfered with, threatened, and/or
otherwise affected or impaired the defendant operator’s ability to operate or control the vehicle; a
more specific particularization of the act(s), or failure(s) to act, on the part of the Plaintiff(s), which
may support the claim of alleged contributory negligence in the happening of the subject accident, is
evidentiary in nature, and not a proper subject of demand for Bill of Particulars.
AS TO THE FOURTH AFFIRMATIVE DEFENSE:
The defense of Collateral Sources is predicated upon CPLR 4545(a), and to the extent
applicable defendants will seek to have any awards to recover costs of medical care, dental care,
custodial care or rehabilitation services, loss of earnings or other economic loss, reduced in
amount(s) consistent with evidence establishing past receipt of payments or indemnification to
plaintiff for such economic damages, or future payments reasonably certain to be received from,
replaced by, or indemnified by, any collateral source(s), for such economic damages.
AS TO THE FIFTH AFFIRMATIVE DEFENSE:
The defense of failure to mitigate damages is premised on a claim that the injuries
allegedly sustained by the Plaintiff(s) would have been mitigated, ameliorated, or prevented had
Plaintiff(s), used the available seat belts and/or safety devices; that in failing to maintain seat
belts or other safety devices, or in failing to properly use seat belts or other available safety
devices, Plaintiff (s) failed to mitigate, ameliorate, or prevent the alleged injuries, such that any
award for non-economic or economic damages will be requested to be reduced, in whole or part,
pursuant to the applicable PJI provisions. More specific particularization of the facts which may
support this defense are evidentiary in nature and not a proper subject of demand for Bill of
16 of 20
FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024
Particulars.
AS TO THE SIXTH AFFIRMATIVE DEFENSE:
The defense of collateral estoppel and res judicata are premised on the applicability of
those doctrines to adjudications rendered in arbitration proceedings, as held in the cases cited in
the Answer. Any such adjudications or decisions may be made the subject of a motion to
dismiss or preclude, under these legal doctrines, to determine issues, ultimate or otherwise,
relevant to any of the causes of action asserted in the Complaint.
Preview
FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 All attorneys and staff are employees of American Transit Insurance Company Feb 14, 2024 Via NYSCEF VOTTO & ALBEE, PLLC 30 BAY ST., 7TH FLR STATEN ISLAND, NY 10301 Re: ROMAIN WILLIAMS v. KODIR BEKNAZAROV, ET AL Case ID No.: 122886 File Number: 1070375 Index Number: 719146/2022 D/O/L: SEPTEMBER 16, 2019 Dear Counselor: In response to your correspondence dated February 8, 2024, please find enclosed herewith courtesy copies of Defendants/Third-Party Plaintiffs’ responses to the referenced demands, which were served upon your office electronically on December 18, 2023 along with Defendants/Third-Party Plaintiffs’ response to the Third-Party Defendant’s Demand for Bill of Particulars. Kindly mark your records accordingly. If you have any questions, please contact the undersigned at (212) 857-8230, Ext. 1645 or at oaremu@bm3law.com. Thank you for your cooperation in this matter. Very truly yours, BAKER, McEVOY & MOSKOVITS RZM/oa Enclosure: 1 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 Oluwatoyin Aremu From: Oluwatoyin Aremu Sent: Monday, December 18, 2023 1:55 PM To: 'wlawyers@gmail.com'; 'calbee@vcinslaw.com' Cc: jimbornoni@vaughanbaio.com Subject: WILLIAMS v. BEKNAZAROV, ET AL; INDEX NO. 719146/2022; FILE NO. 1070375 Attachments: Attachment.pdf; BP-WILLIAMS.pdf Importance: High Counselors: Attached are Defendants/Third-Party Plaintiffs’ responses to Plaintiff’s discovery demands and the 3rd Party Defendant’s demands. Pls confirm receipt. Thanks Sincerely, Toyin Aremu, Senior Paralegal Pronouns: She/Her Phone: (212) 857-8230, Ext. 1645 Email: oaremu@bm3law.com ** Memento Mori, Memento Vivere! “In all thy works, be mindful of thy last end and thou wilt never sin.” Ecclesiasticus 7:40 All attorneys and staff are employees of American Transit Insurance Company Our physical office is closed until further notice, and all attorneys and support staff are working remotely. If you are sending any time-sensitive documents and with attachments, please send them in .pdf format as we are not able to access Dropbox locations or links NOTICE: THE INFORMATION CONTAINED IN THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS COMMUNICATION IS NOT THE INTENDED RECIPIENT, OR ITS EMPLOYER OF AGENT RESPONSIBLE FOR DELIVERING THE COMMUNICATION TO THE INTENDED RECIPIENT, YOU ARE NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THE COMMUNICATION IS STRICTLY PROHIBITED AND THAT RECEIPT BY OTHER THAN THE INTENDED RECIPIENT IS NOT A WAIVER OF ANY ATTORNEY-CLIENT OR OTHER PRIVILEGE. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY REPLYING TO THE MESSAGE AND DELETING IT FROM YOUR COMPUTER. THANK YOU ************************************************************************************* 1 2 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------X Index No.: 719146/2022 ROMAIN WILLIAMS, Plaintiff(s), RESPONSE TO DEMANDS -against- KODIR BEKNAZAROV, KHOTAM SOIBOV, LYFT INC., FLEXDRIVE SERVICES LLC, UBER TECHNOLOGIES INC. and UBER USA LLC, Defendant(s). File No.: 1070375 -----------------------------------------------------------------------------X KODIR BEKNAZAROV and KHOTAM SOIBOV, Third-Party Plaintiff(s) -against- MWANZA THOM-GOULDING, Third-Party Defendant(s). -------------------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendants, KHOTAM SOIBOV and KODIR BEKNAZAROV, make the following responses to Discovery Demands dated March 23, 2023 and Third-Party Defendant’s Discovery Demands dated December 11, 2023 in the above action: Hospital Chart and Medical Records: None other than those that may have been furnished by Plaintiff. Insurance Information: American Transit Ins. Co. (see attached Dec Sheet); Excess Insurance Affidavit for Defendant, Kodir Beknazarov, is attached. Affidavit for Defendant, Khotam Soibov, will be furnished under separate cover. Surveillance Materials: None. Witnesses: None known, except those listed on accident reports noted. Photographs of the Scene of Occurrence: None. Photographs of Defendant Vehicle: None. 1 3 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 WILLIAMS v. BEKNAZAROV RESPONSE TO DEMANDS PAGE 2 List of Attorneys: Enclosed herewith. Other Actions: Mwanza Thom-Goulding V. Khotam Soibov, et al; Index Number 702819/2020. Expert Witness(es): To be provided, if/when retained. Arbitration: None. Copies of all Pleadings: All Pleadings are accessible on NYSCEF. Accident Reports: None, except the attached MV-104. Adverse Party Statements: None. Defendants reserve the right to amend and/or supplement these responses up to the time of trial. Dated: December 18, 2023 Brooklyn, New York BAKER, McEVOY & MOSKOVITS Attorneys for Defendants One Metrotech Center, 7th Flr. Brooklyn, New York 11201 212-857-8230 Mailing Address 5 Broadway, Ste 3 Freeport, NY 11520 To: WELLERSTEIN & ASSOCIATES, P.C. Attorneys for Plaintiff(s) Romain Williams 6045 ELIOT AVE. MASPETH, NY 11378 (718) 366-1000 Email: wlawyers@gmail.com VOTTO & ALBEE, PLLC Attorneys for Third-Party Defendant Mwanza Thom-Goulding 2 4 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 WILLIAMS v. BEKNAZAROV RESPONSE TO DEMANDS PAGE 3 30 BAY ST., 7TH FLR STATEN ISLAND, NY 10301 (718) 720-2877 File No.: AL-16475 Email: calbee@vcinslaw.com VAUGHAN BAIO & PARTNERS Attorneys for Defendants Uber Technologies and Uber USA 229 W. 36TH ST., 8TH FLR NEW YORK, NY 10018 (212) 377-5229 Email: jimbornoni@vaughanbaio.com 3 5 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23CERTIFICATE OF LIABILITY INSURANCE RECEIVED NYSCEF: 02/14/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER INSURER AFFORDING COVERAG DND Ocean Brokerage, Inc AMER1CAN TRAN$lf Ó½Ç litiPANY 1738 CONEY ISLAND AVE BROOKLYN, NY 11230 212 857-8 8W E$3 f V INSURED SOIBOV,KHOTAM 761 1 2IST AVR 3F BROOKLYN, NY 11214 AUTOMOBILE LIABILITY POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE SCHEDULED AUTO B902394 03/06/2019 (12:01 AM) 03/06/2020 (12:01 AM) COVERAGES LIMITS OF LIABILITY BODJLY INJURY 000,000 EACH PERSON $300,000 EACH ACCIDENT PROPERTY DAMAGE $10,000 EACH ACCIDENT UNINSURED MOTORIST EACH PERSON EACH ACCDENT SUPPLEMENTAL UNINSURED/UNDERINSURED MOTORIST $25,000 EACH PERSON $50,000 EACHACCIDENT MANDATORY PERSONAL INJURY PROTECTION $50,000 ADDITIONAL PIP $150,000 AGGREGATE NO-FAULT $200,000 COMPREHENSIVE COLLISION DESCRIPTION OF REGISTERED OWNED VEHICLE(S) 2018 HONDA ACCORD VIN: 1HGCV1F14JA075219 Effective: 03/07/2019 CERTIFICATE HOLDER CANCELLATION NYC TAXT AND LIMOUSINE COMMTSSION SHOULD ANY OF THE ABOVE DESCRIHED POLICIES BE CANCELLED HEFORE THE EXPIRATION DATE THEREOF, THE ISSUlNG INSURER W1LL ENDEAVOR TO MAIL 31-00 47 AVE.3FL· 30 DAYS WRUlTEN NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAl LURE TO DO SO SHALL IMPOSE NO OBLJGATION OR LIABILITY OF ANY LONG 1SLAND CITY NY 11101 KIND UPON THE INSURER OR REPRESENTATIVES DISCLABIER THIS CERTIFICATE OF INSURANCE DOES NOT CONSTlTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S , OR PRODUCER, AND THE CERTIFICATE HOLDER, NOR OOES IT AFFIR-MATLVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED THEREON. AUTHORIZED REPRESENTATIVE 6 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 INDIVIDUAL OWNER/ DRIVER EXCESS LIABILITY COVERAGE IN MOTOR VEHICLE ACCIDENTS TO: MOTOR VEHICLE OPERATOR DATE: NAME: & T)'q T-AM•O ADDRESS:ern Ea thd 0e d 3E Bran\ Wy g2So TEL. #: W 5 B A DATE OF ACCIDENT: 09/16/2019 POLICY NUMBER: B902394 POLICY LIMITS: 100/300/10 BM3 FILE #: 1070375 VEHICLE PLATE # T707059C I , being duly sworn deposes and says: 1. Did you own the vehicle that was involved in the accident on 09/16/2019? Answer: YES or NO 2. At the time accident, did you have any excess or umbrella liability insurance policies in your name, the name of your spouse, or the name of any relative with whom you reside(d)? Answer: YES or NO 3. At the time of the accident, did you own another vçhicle/privat vehicle? Answer: YES or 4. Did any relative residing with you at the time of accident own a vehicle/private vehicle? Answer: YES or NO Received:11/4/2020 08:22:25 AM 009531 BM Abaird 7 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 5. If you answered YES to any of the questions in #2 through #4, provide the following information: Name of Insurance Company Policy Number:. D O Dates of Coverage Amount of Coverage Excess or Umbrella Coverage Information Print name: L 74t-O signature: Sworn to before me this . day of , 20 c Ú Qualified in Kings County8 Commission Ex Itep A ;1 Notary u ic PLEASE COMPLETE ALL FORMS, NOTARIZE AND RETURN ALL ORIGINALS TO BAKER, MCEVOY & MOSKOVITS, PC IN THE STAMPED, SELF-ADDRESSED ENVELOPE. Received:11/4/2020 08:22:25 AM 009531 BM Abaird 8 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. MV-104 NO. 23 PAGE 1 of 2 Ä- RECEIVED NYSCEF: 02/14/2024 (5/11) FOLD HERE New York State Department of Motor VehiCles °happ°e e Or s e REPORT OF MOTOR VEHICLE ACCIDENT www.drnv.ny.gov BEFORE COMPLETING THIS FORM, READ THE INSTRUCTIONSIN SECTIONA ON PAGE 2 DONOTFORGET ACCIDENT DATE Page 1 Of 1 RUSH - DRIVER OF VEHICLE 1 - LICENSE SUSPENDED FOR FAILURE TO REPORT | AccidentDate DayofWeek Time Numberof Number Number DidpoliceinvestigateIf "Yes",NameofPoliceAgencyor Precinct&AccidentNumber Month | Day | Year AM Vehicles Injured Killed accidentatscene? 9 MONDAY 12:00 PM 1 O Yes No j 16 j2015 DRIVEROF VEHICLE 1 VEHICLE 2 O PEDESTRIAN O BICYCLIST O OTHER PEDESTRIAN DriverLicenseIDNumber Stateof License DriverLicenseIDNumber tateof License 2 0 268132441 NY DriverName-exactlyasprintedonlicense(Last,First,M.I.) Name-exactlyasprintedonlicense(Last,First,M.I.) BEKNAZAROV , KODIR LI Address(IncludeNumber& Street) Apt.Number Address(IncludeNumber& Street) Apt.Number > p 1447 E 2ND ST 3E C1 CityorTown State ZipCode CityorTown State ZipCode BROOKLYN NY 11230 DateofBirth Sex Number.of Public Dateof Birth Sex Numberof Public M th Day Year Peoplein Property Month Day Year Peoplein Property I 18 1998 M vehicle Damaged Vehicle DamagedO 3 Name-exactly asprintedonregistration Dateof Birth Sex asprintedonregistration Name--exactly Dateof Birth Sex Month I Day Year Month | Day I Year l- SOIBOV , KHOTAM Address(IncludeNumber& Street) Apt.Number Address(IncludeNumber& Street) Apt.Number 7611 21ST AVE 3F 4 CityorTown State ZipCode CityorTown State ZipCode BROOKLYN NY 11214 PlateNumber StateofReg. VehicleYear& Make VehicleType Ins.Code PlateNumber Stateof Reg. VehicleYear& Make VehicleType Ins.Code 5 T70 70 5 9C NY 2018HONDA SED 36 HWT72 5 2 FORD Costof PropertyDamage-Vehicle1 Estimated Estimated Costof PropertyDamage- Vehicle2 O $1,001-$1,500 O $1.501-$2,500 O Over$2,500 O $1,001-$1,500 O $1,501-$2,500 O Over$2.500 6 LLI Describedamageto vehicle1 ACCIDENT DIAGRAM:Circleoneof the9 diagrams(numb:red0-8) if it LeftTum RearEnd Sideswipe Describedamageto vehicle2 describes theaccident,ordrawyourowndiagrambelowinspace#9. (samedirection) Numberthevehicles.Yourvehicleis# 1 0. 1 2. LeftTurn RightAngle RightTum 3. 4. 5. 23 RightTurn HeadOn Sideswipe (opposite direction) 9. 6- 7 8 24 Place Where Accident Occurred in New York State: Z County KCity O Village O Town of QUEENS . PermanentLandmark O Roadon whichaccidentoccurred º (RouteNumberorStreetName) at 01) intersectingstreet 25 O (RouteNumberorStreetName) ON OS or 2) O E O W of Feet Miles Nearest (Milepost, RouteNumber intersecting orStreetName) Howdid the accidenthappen? VEH1 WAS COMPLETING A LEFT TURN FROM MERRIC BLVD,WHEN VEH2 SPEED UP AND STRUCKED VEH1 o O 27 8.WhichVeh.9. Position 10. Safety 12. 13. 16.Injury If Deceased, Enter NamesofAllPersonsInvolved Occupied in/onVehicle Equip.Used Age Sex A B C DescribeInjuries DateofDeath C II l- 28 )P® Damagh 1HGCV1F14 JAO7 52 19 Nameof Insurance Company Policy ThatIssuedPolicyForVehicle1 Number B902394 -0 NameandAddressof 29 PolicyPeriod PoncyHolder From 03/06/2019 To 03/06/2020 IfVehiclewasOperatedUnderPermit NameandAddress (ICC,USDOTor NYSDOT), giveNo. of PermitHolder - If Self-Insured, give andState .. 30 CertificateNo. Datt PrintNameofDriver Signature ofDriver (orRepresentative*) (orRepresentative') 12 18 2019 ofVehicle1 KODIR BEKNAZAROV of Vehicle1 * A representativemay sign for the driver if the driver is unableto sign *" ** * * * * * ^ - * becauseof injuryor death.Ifyou are signingas the driver'srepresentative, O Injury * * * checkthe boxthatdescribeswhy the drivercannotsign. Death 9 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X INDEX #: 719146/2022 ROMAIN WILLIAMS, Plaintiff(s), VERIFIED BILL OF PARTICULARS AS TO -against- THIRD-PARTY COMPLAINTS KODIR BEKNAZAROV, KHOTAM SOIBOV, LYFT INC., FLEXDRIVE SERVICES LLC, UBER TECHNOLOGIES INC. and uber usa llc, Defendant(s) -----------------------------------------------------------------------X FILE #: 1070375 KODIR BEKNAZAROV and KHOTAM SOIBOV, Third-Party Plaintiff(s), -against- MWANZA THOM-GOULDING, Third-Party Defednant(s). -------------------------------------------------------------------------------X Defendants/Third-Party Plaintiffs, KODIR BEKNAZAROV and KHOTAM SOIBOV, by his/her/their attorneys, BAKER, McEVOY & MOSKOVITS, submit the following Verified Bill of Particulars as to the Third-Party complaint: 1-2. Upon information and belief, Third-Party Defendant’s culpable conduct and/or contributory negligence occurred on Monday September 16, 2019, at approximately 12:00pm, at or Merrick Boulevard, at or near the intersection of Springfield Boulevard, in the County of Queens, City and State of New York. 3. The defenses of culpable conduct and/or contributory negligence on the part of Third- Party Defendants is premised on negligent operation, maintenance, management and/or control of his/her/their motor vehicle, or in failing to take the due care and caution which a reasonable person would take under the circumstances then prevailing and apparent; in causing and/or permitting his/her/their motor vehicle to be operated at unreasonable speed under all the 10 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 circumstances and conditions there and then prevailing and apparent; in failing to slow and/or stop, or failing to otherwise make reasonable and prudent efforts to avoid contact with other vehicle(s) on the roadway; in failing to maintain vigilance to see what there was to see, and/or observe apparent conditions on, in, or near the roadway and take reasonable precautions in response thereto; in failing to make proper use of the horn and/or braking systems of his/her/their motor vehicle(s), or to otherwise reasonably warn of impending contact; in failing to obey or heed any existing and functional traffic control devices, signs, or indicators, and/or to yield the right of way; in operating his/her/their motor vehicle in a manner contrary to and/or in violation of statutes, codes, ordinances, rules and/or regulations of the City and/or State of New York. 4-7. Inapplicable. 8. It is asserted that Third-Party Defendant may have violated all or some of the following sections of the Vehicle and Traffic Law of the State of New York: 1100, 1101, 1110, 1111, 1112, 1120, 1128, 1129, 1140, 1141, 1142, 1143, 1144, 1145, 1150, 1151, 1154, 1160, 1162, 1163, 1166, 1172, 1173, 1180, 1190; And in otherwise failing to undertake reasonable and available efforts to avoid the subject accident. The specific acts, or failure to act, on the part of the Third- Party Defendant, which will support the claim of alleged contributory negligence in the happening of the subject accident, is evidentiary in nature, and not a proper subject of demand for Bill of Particulars. 9-33: Inapplicable to the responding parties. Dated: Brooklyn, New York February 14, 2024 BAKER, McEVOY & MOSKOVITS Attorneys for Defendants/ Third-Party Plaintiffs Kodir Beknazarov and Khotam Soibov One Metrotech Center, 7th Flr. Brooklyn, New York 11201 212-857-8230 11 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 Mailing Address 5 Broadway, Ste 3 Freeport, NY 11520 TO: VOTTO & ALBEE, PLLC Attorneys for Third-Party Defendant Mwanza Thom-Goulding 30 BAY ST., 7TH FLR STATEN ISLAND, NY 10301 (718) 720-2877 File No.: AL-16475 Email: calbee@vcinslaw.com WELLERSTEIN & ASSOCIATES, P.C. Attorneys for Plaintiff(s) Romain Williams 6045 ELIOT AVE. MASPETH, NY 11378 (718) 366-1000 Email: wlawyers@gmail.com VAUGHAN BAIO & PARTNERS Attorneys for Defendants Uber Technologies and Uber USA 229 W. 36TH ST., 8TH FLR NEW YORK, NY 10018 (212) 377-5229 Email: jimbornoni@vaughanbaio.com 12 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 ATTORNEY VERIFICATION I, RONIT Z. MOSKOVITS, affirm this 14th day of February, 2024, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. I am an attorney admitted to practice in the Court of New York, affirms pursuant to CPLR 2106, upon information and belief, as follows: Affirmant is a member of the firm of BAKER, McEVOY & MOSKOVITS, attorneys of record for the defendant(s) in the above-entitled action. Affirmant has read the foregoing DEFENDANTS/THIRD-PARTY PLAINTIFFS VERIFIED BILL OF PARTICULARS, and represents the contents to be true, upon personal knowledge and/or information and belief. This verification is made by Affirmant, and not by Defendant(s), because said Defendant(s) were not within the County in which BAKER, McEVOY & MOSKOVITS, maintains their offices for the practice of law when this VERIFIED BILL OF PARTICULARS was drafted. The grounds of Affirmant's information and belief are as follows: THE FILE MAINTAINED BY BAKER, McEVOY & MOSKOVITS, AND INFORMATION SUPPLIED BY THE DEFENDANTS AND/OR AMERICAN TRANSIT INSURANCE COMPANY DATED: Brooklyn, New York February 14, 2024 13 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 INDEX #: 719146/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ___________________________________________________________ ROMAIN WILLIAMS, Plaintiff(s), - against - KODIR BEKNAZAROV, KHOTAM SOIBOV, LYFT INC., FLEXDRIVE SERVICES LLC, UBER TECHNOLOGIES INC. and UBER USA LLC, Defendant(s). ___________________________________________________________ KODIR BEKNAZAROV and KHOTAM SOIBOV, Third-Party Plaintiff(s), -against- MWANZA THOM-GOULDING, Third-Party Defendant(s). ___________________________________________________________ DEFENDANTS/THIRD-PARTY PLAINTIFFS’ VERIFIED BILL OF PARTICULARS __________________________________________________________________ __________________________________________________________________ BAKER, McEVOY & MOSKOVITS Attorneys for Defendants/Third-Party Plaintiffs: KODIR BEKNAZAROV and KHOTAM SOIBOV 1 Metrotech Center, 7th Flr. Mailing Address Brooklyn, NY 11201 5 Broadway, Ste 3 212-857-8230 Freeport, NY 11520 ___________________________________________________________________ ___________________________________________________________________ Signing requirement pursuant to 130-1.1-a ____________________________________________________________________ 14 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------X INDEX #: 719146/2022 ROMAIN WILLIAMS, Plaintiff(s), VERIFIED BILL OF PARTICULARS AS TO AFFIRMATIVE -against- DEFENSES KODIR BEKNAZAROV, KHOTAM SOIBOV, LYFT INC., FLEXDRIVE SERVICES LLC, UBER TECHNOLOGIES INC. and uber usa llc, Defendant(s) -----------------------------------------------------------------------X FILE #: 1070375 KODIR BEKNAZAROV and KHOTAM SOIBOV, Third-Party Plaintiff(s), -against- MWANZA THOM-GOULDING, Third-Party Defednant(s). -------------------------------------------------------------------------------X Defendants/Third-Party Plaintiffs, KHOTAM SOIBOV and KODIR BEKNAZAROV, by his/her/their attorneys, BAKER, McEVOY & MOSKOVITS, submit the following Verified Bill of Particulars as to the affirmative defenses asserted in their Answer: AS TO THE FIRST AFFIRMATIVE DEFENSE: The defense of lack of personal jurisdiction will be withdrawn upon proof that the Plaintiff properly served process on the defendant(s) herein, or will expire at a time certain set by statute, or may result in a motion to dismiss within the time set by statute. AS TO THE SECOND AFFIRMATIVE DEFENSE: The defense of lack of subject matter jurisdiction is premised on New York Insurance Law 5104(a), setting forth that no cause of action for noneconomic loss is permitted to be maintained in the courts of New York unless plaintiff has shown, in the first instance, by 15 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 competent objective medical proof, that the personal injuries alleged are “serious injury”, as that term is defined by Insurance Law 5102(d). AS TO THE THIRD AFFIRMATIVE DEFENSE: The defense of culpable conduct and/or contributory negligence on the part of the Plaintiff(s) in the happening of the subject accident is/are premised on failure to take adequate and timely precautions for his/her own safety; in failing to warn the driver of apparent and known conditions; in encouraging or demanding the vehicle be operated in an unsafe and/or unreasonable manner; in engaging in conduct, intentional or otherwise, which distracted, interfered with, threatened, and/or otherwise affected or impaired the defendant operator’s ability to operate or control the vehicle; a more specific particularization of the act(s), or failure(s) to act, on the part of the Plaintiff(s), which may support the claim of alleged contributory negligence in the happening of the subject accident, is evidentiary in nature, and not a proper subject of demand for Bill of Particulars. AS TO THE FOURTH AFFIRMATIVE DEFENSE: The defense of Collateral Sources is predicated upon CPLR 4545(a), and to the extent applicable defendants will seek to have any awards to recover costs of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, reduced in amount(s) consistent with evidence establishing past receipt of payments or indemnification to plaintiff for such economic damages, or future payments reasonably certain to be received from, replaced by, or indemnified by, any collateral source(s), for such economic damages. AS TO THE FIFTH AFFIRMATIVE DEFENSE: The defense of failure to mitigate damages is premised on a claim that the injuries allegedly sustained by the Plaintiff(s) would have been mitigated, ameliorated, or prevented had Plaintiff(s), used the available seat belts and/or safety devices; that in failing to maintain seat belts or other safety devices, or in failing to properly use seat belts or other available safety devices, Plaintiff (s) failed to mitigate, ameliorate, or prevent the alleged injuries, such that any award for non-economic or economic damages will be requested to be reduced, in whole or part, pursuant to the applicable PJI provisions. More specific particularization of the facts which may support this defense are evidentiary in nature and not a proper subject of demand for Bill of 16 of 20 FILED: QUEENS COUNTY CLERK 02/14/2024 03:59 PM INDEX NO. 719146/2022 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 02/14/2024 Particulars. AS TO THE SIXTH AFFIRMATIVE DEFENSE: The defense of collateral estoppel and res judicata are premised on the applicability of those doctrines to adjudications rendered in arbitration proceedings, as held in the cases cited in the Answer. Any such adjudications or decisions may be made the subject of a motion to dismiss or preclude, under these legal doctrines, to determine issues, ultimate or otherwise, relevant to any of the causes of action asserted in the Complaint.