SIDIBE v. SARATA

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 plaintiffs left cheek, left temple and near the right antihelical rim. In opposition, plaintiff failed to raise a triable issue of fact. The "recent" photographs of the infant plaintiff fail to support a finding that "a reasonable person would view [the facial discoloration] as unattractive, objectionable, or as the subject of pity or scorn" ( Hutchinson v Beth Cab Corp., 207 AD2d 283, 283 [internal quotation marks and citation omitted]; see Santos v Taveras, 55 AD3d 405, 406).

We have considered plaintiffs' remaining arguments and find them unavailing.