SHAFFER v. BEST FARMS NO. 3, INC

Order affirmed, without costs or disbursements.

A motion to discontinue an action without prejudice after issue is joined but prior to trial should be granted absent prejudice to the defendants (see Tucker v. Tucker, 55 N.Y.2d 378; Valladares v. Valladares, 80 A.D.2d 244, affd 55 N.Y.2d 388). Lazer, J.P., Thompson, Weinstein and Eiber, JJ., concur.