Volpe v. Volpe

Hurlbutt, J.P. (dissenting in part).

I respectfully dissent in part. I disagree with the conclusion of the majority that the 1981 note in which petitioner wrote “[a]ny money I owe you I can catch up as soon as possible” amounts to a conditional promise to “pay ‘when able’ ” (Lorenzo v Bussin, 7 AD2d 731, 732 [1958], affd 7 NY2d 1039 [1960]). In my view, even if the reference in the note to “[a]ny money I owe you” suffices to “recognize an existing debt” under General Obligations Law § 17-101 (Sitkiewicz v County of Sullivan, 256 AD2d 884, 886 [1998], appeal and lv dismissed 93 NY2d 908…