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MANUEL BREA et al., Respondents, v. RONNIE LOFTON et al., Appellants.

Ordered that the order is modified, on the law, by deleting the provisions thereof which, upon reargument, vacated the prior order dated February 3, 1998, and denied the defendants' motions and substituting therefor a provision adhering to the prior determination; as so modified, the order is affirmed, with one bill of costs to the defendants.

The defendants' motion papers made out a prima facie case for summary judgment. The self-serving statements in Manuel Brea's affidavit, which was submitted in support of his motion to reargue, that he was unable to work for approximately three months following the accident and was also unable to perform certain activities which he had previously been able to perform, were insufficient to defeat the motions for summary judgment ( see, Orr v. Miner, 220 A.D.2d 567).

Miller, J. P., Thompson, Pizzuto, McGinity and Luciano, JJ., concur.

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BREA v. LOFTON
(Dec 7, 1998)