CANO v. U-HAUL COMPANY OF ARIZONA

10480. 310129/11.

178 A.D.3d 409 (2019)

115 N.Y.S.3d 24

2019 NY Slip Op 08603

Carmen Cano, Plaintiff, and Catherine Hidalgo et al., Appellants, v. U-Haul Company of Arizona, Defendant, and Lara Andretti et al., Respondents.

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

Decided December 3, 2019.


Attorney(s) appearing for the Case

Sacco & Fillas, LLP, Astoria ( Nazareth Markarian of counsel), for appellants.

Gerber Ciano Kelly Brandy LLP, New York ( Michael F. Harris of counsel), for Lara Andretti, respondent.

Marjorie E. Bornes , Brooklyn, for Sunrise Limo Enterprise and Neho F. Abouo, respondents.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.


Plaintiffs Hidalgo, Ayala and Cerda each allege that they sustained serious injuries as the result of a motor vehicle collision that occurred while they were passengers in a taxi owned by Sunrise and driven by Abouo. Defendants established prima facie that each plaintiff's claimed cervical and lumbar spine injuries were not serious through the affirmed reports of their expert orthopedist, who found normal range of motion and no objective evidence of injury (see Pouchie...

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