Opinion
July 27, 1998
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the order is affirmed, with costs.
The defendant established prima facie that the action was barred by the two-year Statute of Limitations contained in the insurance policy issued to the plaintiff (see, Costello v. Allstate Ins. Co., 230 A.D.2d 763; see also, Proc v. Home Ins. Co., 17 N.Y.2d 239). The plaintiff does not dispute that the action was commenced after the Statute of Limitations expired but contends that the defendant should be estopped from invoking that defense.
The complaint was properly dismissed as untimely. The plaintiff's mere allegation that she was orally assured that her claim would be paid was insufficient to raise a triable issue of fact. Settlement negotiations between an insured and an insurance carrier, standing alone, will not establish estoppel (see, Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966; see also, Blitman Constr. Corp. v. Insurance Co., 66 N.Y.2d 820). Moreover, the defendant presented evidence that it informed the plaintiff that the Statute of Limitations would not be extended, and the plaintiff failed to show that she was misled into believing otherwise (see, Strupp v. Heritage Mut. Ins. Co., 143 A.D.2d 433).
Rosenblatt, J. P., O'Brien, Krausman and Goldstein, JJ., concur.