Opinion
May 10, 1999
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the aforesaid branch of the motion of the defendant Eva O'Neill is denied.
The injured plaintiff allegedly sustained facial scars and other injuries in an automobile accident. The court denied that branch of the motion of the defendant Eva O'Neill which was for summary judgment dismissing so much of the plaintiffs' causes of action as sought to recover damages based on significant disfigurement under the Insurance Law, but granted that branch of the motion which was to dismiss the "significant limitation of use" and "medically determined injury or impairment of a nonpermanent nature" components of the plaintiffs' claims. We reverse.
If a plaintiff establishes a prima facie case that any one of several injuries that he or she sustained in an accident is a "serious injury" within the meaning of Insurance Law § 5102 (d), he or she is entitled to seek recovery for all injuries incurred as a result of the accident ( see, Preston v. Young, 239 A.D.2d 729, 731-732; Kelley v. Balasco, 226 A.D.2d 880; Matula v. Clement, 132 A.D.2d 739; Prieston v. Massaro, 107 A.D.2d 742). A question of fact exists in this case as to whether or not the infant plaintiff's facial scar constitutes a serious injury within the meaning of the Insurance Law.
O'Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.