Tobin v. St. Paul's Lutheran Evangelical Church

*802OPINION OF THE COURT

Martin B. Stecher, J.

Plaintiff moves for an order pursuant to CPLR 602, 1024, 1003 and 3025 (b), consolidating the above-captioned actions and substituting the Samuel G. Blakley Tree Company, Inc. (Blakley) and the Almstead Tree Company (Almstead) for the "John Doe Tree Company” in the consolidated caption. Defendant Blakley, sued as the "John Doe Tree Company”, cross-moves for summary judgment dismissing the complaint and. all cross claims against it.

These actions arise out of an accident which occurred on November 11, 1983. Plaintiff allegedly sustained serious injury on…