Kaminsky v. Kahn

In Kaminsky v. Kahn, 23 AD2d 231, 236, 259 N.Y.S.2d 716 [2d Dept 1965], the Court instructed: The Supreme Court in this State is a court of general original jurisdiction in law and equity (see NY Const., art. VI, 7, subd. a.) and, in conformity with its all inclusive powers, the court is authorized in any action to render such judgment as is appropriate to the proofs received in conformity with the allegations of the pleadings, irrespective of the nature of the relief demanded, subject, of course, in a proper case, to the imposition of such terms as may be necessary to protect the rights of any party. (See CPLR 3017, subd. [a]). The court, within the framework of the pleadings in any case, may draw upon its broad reservoir of powers established by law or formulated under the principles of equity, and utilize any of them to afford complete relief to a party. (Cf. Susquehanna S.S. Co. v. Andrson & Co., 239 NY 285, 294, 146 N.E. 381 [1925]).