Brackenbury v. Franklin

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered January 20, 2011, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint, and denied plaintiffs application for leave to amend or supplement his bill of particulars to assert a claim of serious injury under the categories of “significant disfigurement” and “fracture” of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Photographs of plaintiffs healed, thin scar on his hand were not sufficient to establish an issue of fact as to…