Opinion
August 31, 1998
Appeal from the Supreme Court, Nassau County (Dunn, J.).
Ordered that the judgment is affirmed, with costs.
"An insured's good faith belief in nonliability, when reasonable under the circumstances, may excuse a delay in notifying his [or her] insurer of an accident" ( Argentina v. Otsego Mut. Fire Ins. Co., 207 A.D.2d 816, affd 86 N.Y.2d 748). We agree with the Supreme Court that the plaintiffs' delay of two and one-third years in notifying the defendant insurance carrier of the underlying accident was not reasonable under the circumstances. The plaintiffs' claim that they did not believe, at an earlier time, that they would be subject to liability, does not constitute a reasonable excuse for their delay.
Rosenblatt, J.P., Miller, Ritter and Goldstein, JJ., concur.