LANDSMAN v. BUNKER

Judgment unanimously reversed on the law with costs and new trial granted. Memorandum: Plaintiff Ruth Landsman was injured in an automobile accident and sustained a laceration of her lower lip and chin, resulting in a depressed 1 1/4-inch scar on her chin. The jury returned a verdict in favor of defendant, finding that plaintiff had not suffered a significant disfigurement within the meaning of Insurance Law § 5102 (d). The standard by which significant disfigurement is to be determined within the meaning of that section is whether a reasonable person would view the condition as unattractive, objectionable, or as the subject of pity or scorn (Prieston v. Massaro, 107 A.D.2d 742, 743; Waldron v. Wild, 96 A.D.2d 190, 194). We find that the verdict was against the weight of the evidence, entitling plaintiff to a new trial (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499; Luppino v. Busher, 97 A.D.2d 499).