Opinion
May 9, 1995
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
We find it an abuse of discretion to direct the parties to proceed to trial before discovery is completed or issue joined, resulting in prejudice to both parties (Heist v Cameron, 211 A.D.2d 429; Lipson v Dime Sav. Bank, 203 A.D.2d 161). Discovery was delayed due to inaccessability of previously sealed, subpoenaed documents (CPL 190.25 [a]), as well as the late substitution of plaintiffs' counsel who retained a number of the plaintiffs' files pending payment of her legal fees. Additionally, the municipal defendants were required to solicit bids for an outside audit when it became clear that the City Comptroller would not be able to conduct an audit involving these complex issues and voluminous documents.
Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Williams, JJ.