Fireman's Fund Ins. Co. v Village of Lake Success

Fireman's Fund Ins. Co. v Village of Lake Success 2006 NY Slip Op 07843 [33 AD3d 958] October 31, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

Fireman's Fund Insurance Company, Appellant,
v
Village of Lake Success, Respondent.

—[*1]

In a subrogation action, in effect, to recover the sum of $233,471.91 paid to the subrogor insured for property damage incurred on February 14, 2004, the plaintiff appeals from an order of the Supreme Court, Nassau County (O'Connell, J.), dated October 11, 2005, which granted the defendant's motion to dismiss the action as time-barred.

Ordered that the order is affirmed, with costs.

The statute of limitations was not tolled for the period between the defendant's demand for a hearing pursuant to General Municipal Law § 50-h and the hearing (see Baez v New York City Health & Hosps. Corp., 168 AD2d 529, 530 [1990], affd 80 NY2d 571 [1992]; Mignott v New York City Health & Hosps. Corp., 250 AD2d 165, 171 [1998]; Cinqumani v County of Nassau, 28 AD3d 699 [2006]). Further, there is no basis to apply the doctrine of equitable estoppel to the defendant (see Spirig v Evans, 26 AD3d 425 [2006]; Bennett v Metro-North Commuter R.R., 231 AD2d 662 [1996]). Ritter, J.P., Goldstein, Rivera and Spolzino, JJ., concur.