[DOWNLOAD] "Michael O'Brien v. Loretta O'Brien" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Michael O'Brien v. Loretta O'Brien
- Author : Court of Appeals of New York
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
[66 N.Y.2d 576 Page 580] Opinion OF THE COURT In this divorce action, the parties' only asset of any consequence is the husband's newly acquired license to practice medicine. The principal issue presented is whether that license, acquired during their marriage, is marital property subject to equitable distribution under Domestic Relations Law § 236 (B) (5). Supreme Court held that it was and accordingly made a distributive award in defendant's favor.* It also granted defendant maintenance arrears, expert witness fees and attorneys' fees (114 Misc. 2d 233). On appeal to the Appellate Division, a majority of that court held that plaintiff's medical license is not marital property and that defendant was not entitled to an award for the expert witness fees. It modified the judgment and remitted the case to Supreme Court for further proceedings, specifically for a determination of maintenance and a rehabilitative award (106 A.D.2d 223). The matter is before us by leave of the Appellate Division.