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GRUNFELD v. GRUNFELD

94 N.Y.2d 696 (2000)

731 N.E.2d 142

709 N.Y.S.2d 486

ROCHELLE GRUNFELD, Respondent, v. HAROLD M. GRUNFELD, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 2000.

Attorney(s) appearing for the Case

Squadron, Ellenoff, Plesent & Sheinfeld, L. L. P., New York City (Stanley Plesent of counsel), and Mintz & Gold, L. L. P. (Steven G. Mintz of counsel), for appellant.

Proskauer Rose, L. L. P., New York City (Franklin S. Bonem and Jeremy R. Feinberg of counsel), for respondent.

Bruce J. Wagner, Albany, Kenneth David Burrows and Terri L. Weiss for American Academy of Matrimonial Lawyers, New York Chapter, amicus curiae.

Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT concur; Chief Judge KAYE taking no part.

OPINION OF THE COURT

LEVINE, J.

The primary issue on appeal in this divorce action is whether the Appellate Division erroneously based both its equitable distribution award of one half of the value of defendant's law license and his obligation to pay maintenance on the same projected professional earnings. McSparron v McSparron (87 N.Y.2d 275, 286) prescribed a rule against such double counting of income. For the...

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