Zappolo v. Lanigan

Edgcomb and Lewis, JJ. (dissenting).

Section 118 of chapter 187 of the Laws of 1928, known as the Syracuse Municipal Court Code, requires that the court, in a case tried without a jury, “ must hear the evidence and decide all questions of fact and law.” Defendants interposed a counterclaim, and offered proof in support thereof on the trial. The judgment is silent as to what disposition was made of the counterclaim. Undoubtedly the judgment could properly be affirmed, even though it does not specifically refer to the counterclaim, if it is reasonably inferable from the record that the court…