McMonagle v. Independent Coach Corp.

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Segal, J.), entered September 20, 1999, as denied their motion for summary judgment on the ground that the plaintiff Brendan McMonagle did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

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

After the defendants made out a prima facie case for sum*679mary judgment, the plaintiffs raised a triable issue of fact as to whether the injured…