Practice point: The court may, in its discretion, grant relief that is warranted by the facts plainly appearing on the papers on both sides, if the relief granted is not too dramatically unlike the relief sought, the proof offered supports it, and there is no prejudice to any party.
Student note: However, the stability of contract obligations must not be undermined by judicial sympathy with a party.
Case: Emigrant Mtge. Co., Inc. v. Fisher, NY Slip Op 09264 (2d Dept. 2011).
Tomorrow’s issue: Ambulance liability.
