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SPENCE v. SPENCE


287 A.D.2d 447 (2001)

731 N.Y.S.2d 66

B. ANDREW H. SPENCE, Respondent, v. PAULA P. SPENCE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 1, 2001.


Ordered that the order is affirmed, with costs.

The husband's enhanced earning capacity as an investment banker is not marital property subject to equitable distribution. The husband earned his MBA, Series 7 license, and Series 63 license four years before the marriage. Accordingly, his increased earning capacity is not attributable to a professional license or degree acquired during the marriage (see, O'Brien v O'Brien, 66 N.Y.2d 576

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    McLINDEN v. SCHOECK | 261 A.D.2d 925 (1999) | ad2d9251238 | Leagle.com
     

    McLINDEN v. SCHOECK


    261 A.D.2d 925 (1999)

    689 N.Y.S.2d 916

    ANNE H. McLINDEN et al., Appellants, v. TONNYA R. SCHOECK, Respondent.

    Appellate Division of the Supreme Court of the State of New York, Fourth Department.

    Decided May 7, 1999.


    Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated.

    Memorandum:

    Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint on the ground that Anne H. McLinden (plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). From our review of the record, we conclude that the affidavits of the treating physician and chiropractor submitted...

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