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McMONAGLE v. INDEPENDENT COACH CORP.

276 A.D.2d 678 (2000)

716 N.Y.S.2d 317

BRENDAN McMONAGLE et al., Respondents, v. INDEPENDENT COACH CORP. et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 23, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

After the defendants made out a prima facie case for summary judgment, the plaintiffs raised a triable issue of fact as to whether the injured plaintiff Brendan McMonagle sustained a significant limitation of use of a body function or system as a result of the subject accident (see, Insurance Law § 5102 [d]). The affidavit of the injured...

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