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

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 AD2d 925, 926). Consequently, the appellant's motion for summary judgment was properly denied.

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TUGMAN v. PJC SANITATION SERVICE, INC
(Nov 14, 2005)