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Spencer v. Spencer

Citations: 84 A.D.2d 710; 448 N.Y.S.2d 416; 1981 N.Y. App. Div. LEXIS 15863

Court: Appellate Division of the Supreme Court of the State of New York; November 16, 1981; New York; State Appellate Court

Narrative Opinion Summary

The Supreme Court of New York County, presided over by Justice Gabel, issued an order on December 19, 1980, which was unanimously affirmed. The order pertains to a pre-existing liquidated debt of $5,000, of which $2,000 has been paid, leaving a balance of $3,000 due. This specific issue regarding the outstanding debt was not addressed in the lower court or in the Referee’s report. The appellant retains the right to seek remedies related to this outstanding amount. The decision was concurred by Judges Murphy, Kupferman, Sullivan, Carro, and Lupiano.

Legal Issues Addressed

Affirmation of Lower Court Orders

Application: The Supreme Court affirmed the lower court's order regarding the outstanding liquidated debt, indicating agreement with the previous decision.

Reasoning: The Supreme Court of New York County, presided over by Justice Gabel, issued an order on December 19, 1980, which was unanimously affirmed.

Outstanding Liquidated Debt

Application: The case involves a pre-existing liquidated debt of $5,000, with $2,000 paid and $3,000 remaining, which was not addressed in the lower court or Referee’s report.

Reasoning: The order pertains to a pre-existing liquidated debt of $5,000, of which $2,000 has been paid, leaving a balance of $3,000 due.

Right to Seek Remedies for Unaddressed Issues

Application: The appellant retains the right to pursue remedies concerning the unaddressed outstanding balance of $3,000.

Reasoning: The appellant retains the right to seek remedies related to this outstanding amount.