Opinion
Argued December 14, 2000.
January 16, 2001.
In an action to recover the proceeds of an insurance policy, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Hall, J.), entered March 9, 2000, which, inter alia, granted the defendant's motion for summary judgment and dismissed the complaint.
Ben Carter, Riverhead, N.Y., for appellants.
Speyer Perlberg, LLP, New York, N.Y. (J. Gregory Carlock of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, ACTING P.J., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant demonstrated that the action was commenced beyond the two-year limitations period provided in the insurance policy at issue (see, Brown v. Royal Ins. Co. of Am., 210 A.D.2d 279). Further, the plaintiffs did not demonstrate the existence of an issue of fact as to whether the defendant waived its right to assert the limitations period as a defense (cf., Greenpoint Bank v. Security Mutual Ins. Co., 247 A.D.2d 583). The defendant reserved its rights and defenses under the policy while attempting to negotiate the sums due (see, Compis Servs. v. Hartford Stam Boiler Inspection Ins. Co., 272 A.D.2d 886). Moreover, the defendant's delay in investigating the plaintiffs' claim did not establish a waiver (see, Brown v. Royal Ins. Co. of Am., supra).
The plaintiffs' remaining contentions are without merit.