GLIELMI v. BANNER

Ordered that the order is affirmed, with costs.

The defendant's submissions made out a prima facie case that the plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d). The affirmation of the plaintiff's treating physician was deficient insofar as it failed, inter alia, to indicate that the opinion expressed therein was based upon a recent medical examination ( see, Attanasio v. Lashley, 223 A.D.2d 614; Philpotts v. Petrovic, 160 A.D.2d 856; Covington v. Cinnirella, 146 A.D.2d 565).

The plaintiff's self-serving affidavit concerning his inability to perform his daily activities after the accident, without more, is insufficient to establish that he had sustained a medically-determined injury or impairment of a nonpermanent nature which prevented him from performing substantially all of the material acts which constituted his usual and customary daily activities for a period of not less than 90 days during the 180-day period immediately following the accident ( see, Yagliyan v. Gun Shik Yang, 241 A.D.2d 518; Cullum v. Washington, 227 A.D.2d 370; Atamian v. Mintz, 216 A.D.2d 430).

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