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SALTER v. NEW YORK CITY TRANSIT AUTHORITY

13 A.D.3d 92 (2004)

785 N.Y.S.2d 452

EDWARD SALTER, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendants.

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

December 7, 2004.

Defendants' doctor's report states that although at the time of the examination plaintiff complained of pain in his right cheekbone, a contusion there had resolved, and the report does not mention any swelling. This sufficed to show, prima facie (see Copeland v Kasalica, 6 A.D.3d 253 [2004]), that the right cheek swelling, depicted in plaintiff's photographs and claimed to be a "significant disfigurement" within the meaning of the...

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