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O'Brien v. O'Brien

State of New York Court of Appeals
489 N.E.2d 712 (N.Y. 1985)


Facts

Mr. and Mrs. O’Brien got married and then Mr. O’Brien (plaintiff) enrolled in medical school. To pay for their living expenses while Mr. O’Brien was in school, Mrs. O’Brien (defendant) put her education on hold and got a job. She contributed all of her earnings to their living expenses in addition to maintaining the household. After Mr. O’Brien received his medical license he filed for divorce. Together, the O’Briens’ only asset of any value was Mr. O’Brien’s license. In the divorce proceeding, the trial court awarded Mrs. O’Brien part of the estimated value of the medical license. Mr. O’Brien appealed.

Rule of Law

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Issue

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Holding and Reasoning (Simons, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Judge, J.)

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