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RODRIGUES v. CITY OF NEW YORK

215 A.D.2d 176 (1995)

626 N.Y.S.2d 176

Antonio S. Rodrigues et al., Respondents, v. City of New York et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1995

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 [4] [a]), as well as the late substitution of plaintiffs...

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