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FANELLI v. FANELLI

191 Misc.2d 123 (2002)

740 N.Y.S.2d 823

GAIL S. FANELLI, Plaintiff, v. GEORGE C. FANELLI, Defendant.

Supreme Court, Westchester County.

March 20, 2002.

Attorney(s) appearing for the Case

Arnold Davis, New York City, for plaintiff.

Paul J. Miklus, Larchmont, for defendant.

OPINION OF THE COURT

ROBERT A. SPOLZINO, J.

The question presented here is whether in rejecting the "merger" theory of valuing professional licenses in McSparron v McSparron (87 N.Y.2d 275 [1995]), the Court of Appeals also intended to depart from the precept that the value of a long-held license is determined on the basis of the holder's actual earnings, rather than its theoretical value. The issue arises in the...

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