Augello v. Koenig-Rivkin

In an action to recover damages for personal injuries, nonparty New York Central Mutual Fire Insurance Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated August 7, 2007, as denied its motion for leave to substitute itself, as subrogee of the plaintiff, for the plaintiff in the instant action, to substitute counsel, and to amend the caption accordingly.

Ordered that the order is affirmed insofar as appealed from, with costs.

“CPLR 1004, the exception to the real party in interest rule, provides that an insured person who…