Here, the court is saying that there are no precedents that answer the question that is before the court. The court is saying that in the State of New York, no court has addressed the question of same sex separation agreements.

If a court of superior jurisdiction had answered this question, the trial court would have to follow what that more powerful court did. This is the principle of Stare Decisis.

To see the general structure of the courts in the United States, go to the structure of courts section.