TUGMAN v. PJC SANITATION SERVICE INC (2005)

Supreme Court, Appellate Division, Second Department, New York.

Lorenzo TUGMAN, et al., respondents, v. PJC SANITATION SERVICE, INC., appellant, et al., defendant.

Decided: November 14, 2005

THOMAS A. ADAMS, J.P., DAVID S. RITTER, GLORIA GOLDSTEIN, PETER B. SKELOS, and MARK C. DILLON, JJ.

Brand Glick & Brand, Garden City, N.Y. (Samuel Cheng of counsel), for appellant. Allen D. Springer, PLLC, Brooklyn, N.Y. (Sharon Weintraub Dashow of counsel), for respondents.

In an action, inter alia, to recover damages for personal injuries, etc., the defendant PJC Sanitation Service, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Johnson, J.), dated August 12, 2004, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it on the ground that the plaintiff Lorenzo Tugman did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

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, 580 N.Y.S.2d 510). Consequently, the appellant's motion for summary judgment was properly denied.

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