Opinion
May, 1921.
Judgment reversed and new trial granted, costs to abide the event. It was the duty of the court to dispose of all the issues raised by the pleadings, both legal and equitable, and at the conclusion of the trial to grant such relief as the facts proved warranted, either legal or equitable. ( City of New York v. Matthews, 213 N.Y. 563; Wasserman v. Taubin, 129 App. Div. 691. ) Blackmar, P.J., Mills, Rich, Putnam and Jaycox, JJ., concur.