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O'BRIEN v. O'BRIEN

66 N.Y.2d 576 (1985)

Michael O'Brien, Respondent-Appellant, v. Loretta O'Brien, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Albert J. Emanuelli for appellant-respondent.

Willard H. Da Silva and Richard J. Keidel for respondent-appellant.

Sally Weinraub, Shirley Tolley and Brynne Haines for Westchester Women's Bar Association, amicus curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE concur with Judge SIMONS; Judges MEYER and TITONE concur in separate concurring opinions.

SIMONS, J.

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...

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