Accordingly, plaintiff's motion is denied and defendant's cross motion is granted. Although the motion was couched in terms of CPLR 305 and 3025, the court below reached its determination solely under CPLR 1018. Plaintiff had denominated the motion as an application for leave to amend the summons, complaint, and caption of the action. In effect, however, the motion sought to add a new party plaintiff. As such, it was not tenable under CPLR 305 and 3025, because a substantial...
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