Plaintiff Celio Castro sued to recover for personal injuries allegedly sustained as a result of being struck by a motor vehicle while riding his bicycle near the intersection of Second Avenue and E. 4th Street in Manhattan, allegedly causing serious and permanent injuries. After defendant Richard Markis testified at a deposition that he was operating his vehicle as an Uber driver at the time of the accident, Castro brought a second action against Uber Technologies Inc.

Uber moved to dismiss plaintiff's complaint, asserting Uber did not control defendant and cannot be held vicariously liable for his alleged negligent conduct and because Uber did not own, operate, lease, or maintain defendant's vehicle.