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TUGMAN v. PJC SANITATION SERVICE, INC.

23 A.D.3d 457 (2005)

805 N.Y.S.2d 607

LORENZO TUGMAN et al., Respondents, v. PJC SANITATION SERVICE, INC., Appellant, et al., Defendant.

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

November 14, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The scar on the injured plaintiff's neck, as depicted in photographs in the record, raised a triable issue of fact as to whether he incurred a "significant disfigurement" as defined by Insurance Law § 5102 (d) (see Hemmes v Twedt, 180 A.D.2d 925, 926 [1992]). Consequently, the appellant's motion for summary...

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