222 BLOOMINGDALE ROAD v. NYNEX PROPERTIES

ORDERED that the order is affirmed, with costs.

This action, in which the plaintiff seeks, inter alia, to recover legal fees and disbursements incurred in bringing a prior action and defending against the defendant's counterclaims in that action, constitutes the splitting of a cause of action, which is prohibited (see, 930 Fifth Corp. v. King, 42 N.Y.2d 886 ; Wavertree Corp. v. 136 Waverly Assocs., 258 A.D.2d 392 ). In any event, the contractual indemnification provision upon which the instant action is premised does not encompass the plaintiff's claim for legal fees and disbursements. Where a contract is clear and unambiguous on its face, its plain meaning should govern its interpretation (see, Chimart Assoc. v. Paul, 66 N.Y.2d 570 ; Mallad Constr. Corp. v. County of Fed. Sav. Loan Assn., 32 N.Y.2d 285 ).