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TUGMAN v. PJC SANITATION SERVICE, INC
Appellate Division of the Supreme Court of New York, Second Department.
Nov 14, 2005
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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 ยง 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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