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ACEVEDO v. GRAYLINE N.Y. TOURS, INC.

22283/16. Appeal No. 15826-15827. Case No. 2020-04730. 2020-04732.

204 A.D.3d 597 (2022)

167 N.Y.S.3d 490

2022 NY Slip Op 02860

Antonio D. Capellan Acevedo, Appellant, v. Grayline New York Tours, Inc., et al., Respondents, and Reading Transportation Corp. et al., Respondents.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Karen H. Tommer of counsel), for Grayline New York Tours, Inc. and Dennis Olivero, respondents.

Gallo Vitucci Klar LLP, New York (C. Briggs Johnson of counsel), for Reading Transportation Corp. and Frankelis Ramirez, respondents.

Concur— Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.

Grayline demonstrated prima facie that plaintiff did not sustain a serious injury to his cervical spine or lumbar spine by relying on the report of their orthopedic surgeon who reviewed the MRI films of those body parts and found that they showed only mild preexisting degenerative changes to the discs, not causally related to the accident (see Gordon v Hernandez, 181 A.D.3d 424, 425 [1st...

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