ARJONA v. CALCANO


7 A.D.3d 279 (2004)

776 N.Y.S.2d 49

MERCEDES ARJONA ET AL., Appellants, v. JOSE L. CALCANO ET AL., Respondents, ET AL., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 6, 2004.


Plaintiffs were passengers in a livery cab, owned by Santiago and driven by Calcano, which was struck by another automobile. The moving defendants met their initial burden of demonstrating, through the submission of plaintiffs' deposition testimony, various medical reports and affirmations from defendants' examining orthopedic surgeon, Dr. Springer, that none of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d). Plaintiffs offered...

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