Opinion
March 16, 1999
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The documents executed by plaintiff Delta unequivocally evidence its subrogation of its right, title and interest in certain insured property and all of its claims against the party allegedly responsible for the property's loss to its insurer in consideration of the insurer's payment of a sum representing the agreed value of the loss. Accordingly, Delta is no longer the real party in interest to seek recompense for any portion of the subject loss against the alleged wrongdoer. As the meaning of the documents is clear and unambiguous, plaintiff's reliance upon affidavits dated more than two years after the documents were executed in an attempt to explain its understanding of the plain terms of said documents is misplaced ( see, Teitelbaum Holdings v. Gold, 48 N.Y.2d 51, 56).
Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.