Bondy v. Levy

I join Justice McDevitt’s dissenting opinion. In addition, I dissent to the majority’s finding that “an ambiguity exists with regard to the underlying purpose behind the [§ 71] payments, and that the need for extrinsic evidence to make such a determination precludes the entry of summary judgment in this case.” Absolutely no facial ambiguity exists in § 9 of the parties’ agreement. Section 9 designated certain payments from Levy to Bondy as § 71 payments, referring to § 71 of the Internal Revenue Code. That code section deals *1000specifically and solely with alimony and separate maintenance…