Legal Opinion
West v. West
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 1995PublishedCited by 7 opinions
1Opinion of the Court
—Order unanimously affirmed without *1026costs. Memorandum: Plaintiff appeals from Supreme Court’s dismissal of that portion of her complaint seeking "the valuation of [defendant’s] enhanced earning capacity as the result of his banking career”. The cases relied upon by plaintiff are inapposite. The principles enunciated in O’Brien v O’Brien (66 NY2d 576) and its progeny are premised on the determination that a professional degree or license obtained during the marriage is a marital asset and as such is subject to equitable distribution. The value of the license or degree is "the enhanced earning…
2Cases cited5 opinions
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- Finocchio v. FinocchioAppellate Division of the Supreme Court of the State of New York · 1990
- DiCaprio v. DiCaprioAppellate Division of the Supreme Court of the State of New York · 1990
- Elkus v. ElkusAppellate Division of the Supreme Court of the State of New York · 1991
- Golub v. GolubNew York Supreme Court · 1988
3Cited by7 opinions
- Fruchter v. FruchterAppellate Division of the Supreme Court of the State of New York · 2006
- Halaby v. HalabyAppellate Division of the Supreme Court of the State of New York · 2001
- Hougie v. HougieAppellate Division of the Supreme Court of the State of New York · 1999
- Moll v. MollNew York Supreme Court · 2001
- Bystricky v. BystrickyNew York Supreme Court · 1998
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