Opinion
May 11, 1998
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the order and judgment is affirmed, with costs.
The Supreme Court correctly determined that the defendant Aetna Casualty Surety Company (hereinafter Aetna) was entitled to judgment declaring that it is not required to provide the plaintiffs with underinsurance benefits under the policy issued to the plaintiff Luis A. Paz. The plaintiffs' written notice of claim for underinsured motorist benefits, given to Aetna more than one year after the plaintiffs learned of the policy limits of the offending vehicle, was untimely as a matter of law ( see, Schiebel v. Nationwide Mut. Ins. Co., 166 A.D.2d 520; cf., Matter of Nationwide Mut. Ins. Co. v. Edgerson, 195 A.D.2d 560).
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.