Spoth v. Clark

Order insofar as appealed from unanimously reversed on the law with costs and motion denied, in accordance with the following memorandum: Special Term erred in granting defendant’s motion for summary judgment dismissing the second cause of action. On this record, whether Mr. Spoth’s facial scar constitutes a significant disfigurement is a question of fact (see, Waldron v Wild, 96 AD2d 190; see also, Rulison v Zanella, 119 AD2d 957, 958; Savage v Delacruz, 100 AD2d 707; Smith v Mouawad, 91 AD2d 700). Defendant did not meet her initial burden of going forward with proof in admissible form to…