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Whyen v. Summers

Fact Issues Bar Motion, Cross-Motion for Summary Judgment in Rear-End Collision Suit

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Papers NumberedECF docs. 127-296DECISION AND ORDER

*1  In a case where this Court has an extensive knowledge of the facts and has already written several decisions, the parties, filing voluminous papers, have made various motions to renew, for partial summary judgment on liability, and for summary judgment dismissing the action based on alleged collusion in insurance fraud. All the motions, and the cross motion, under motion sequence numbers 7 and 8 are denied. As an initial matter, the Court, sua sponte, changes the name of the defendant “Kingler Victor Valedes” — as erroneously stated in the summons and complaint to Victor Valdes Klinger (“Klinger”) to conform to the spelling provided by the defendant in a prior affidavit, found at ECF document 44. The Court directs the Clerk to change the spelling of defendant Klinger’s name from “Kingler Victor Valedes” to his true and correct name of “Victor Valdes Klinger” on all the files and records of this action.Plaintiffs Qazaffi Whyen (“Whyen”) and Khaim Shakir (“Shakir”), on the foregoing papers, contend that while passengers in a car driven by defendant Solomon Clayton Summers (‘Summers”), on May 16, 2014, at 7:00 P.M., they were injured when rear-ended by a bus owned by defendant Golden Touch Transportation of NY, Inc. (“Golden Touch”), and operated by defendant Klinger.Concerning the motion to renew, it is based on an examination before trial that was

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