SIDIBE v. CORDERO

3880, 23992/06.

79 A.D.3d 536 (2010)

913 N.Y.S.2d 78

MOHAMMED SIDIBE, an Infant, by His Mother and Natural Guardian, CAMARA SARATA, et al., Appellants, v. JUAN A. CORDERO et al., Respondents.

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

Decided December 14, 2010.


Defendants established their prima facie entitlement to judgment as a matter of law by demonstrating, through an affirmed report of a plastic surgeon and photographs, that the infant plaintiff did not sustain a "significant disfigurement" within the meaning of Insurance Law § 5102 (d). Rather, the photographs reflect minor skin discoloration on the infant plaintiff's left cheek, left temple and near the right antihelical rim. In opposition, plaintiff failed to raise...

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