From Casetext: Smarter Legal Research

Loiseau v. Maxwell

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1998
256 A.D.2d 450 (N.Y. App. Div. 1998)

Opinion

December 16, 1998

Appeal from the order of the Supreme Court, Nassau County (Davis, J.).


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 [a] [1]).

It is undisputed that the infant plaintiff suffered a scar five centimeters in length and one centimeter in width on the lower part of his right leg. In opposition to the defendants' motion for summary judgment, the plaintiffs alleged that the scar constituted a "significant disfigurement" and, therefore, was a serious injury within the meaning of Insurance Law § 5102 (d). However, contrary to the plaintiffs' arguments, a reasonable person viewing the infant plaintiff's leg in its altered state would not regard the condition as unattractive, objectionable, or as the subject of pity or scorn ( see, Edwards v. DeHaven, 155 A.D.2d 757). Accordingly, the defendants' motion was properly granted.

Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Loiseau v. Maxwell

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1998
256 A.D.2d 450 (N.Y. App. Div. 1998)
Case details for

Loiseau v. Maxwell

Case Details

Full title:JEAN LOISEAU et al., Appellants, v. ROY MAXWELL et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 1998

Citations

256 A.D.2d 450 (N.Y. App. Div. 1998)
682 N.Y.S.2d 74

Citing Cases

Torres v. Lica Mae Taxi, Inc.

Moreover, plaintiff's self-serving affidavit concerning his cessation in medical treatment without medical…

Torres v. Lica Mae Taxi, Inc.

It is well settled that a scar may be deemed a significant disfigurement, and therefore a "serious injury"…