# O'Brien v. O'Brien

> New York Court of Appeals · December 26, 1985 · 66 N.Y.2d 576

URL: https://www.frixlaw.com/law-library/cases/5537135

## Case

- **Full name:** Michael O'Brien v. Loretta O'Brien, Appellant-Respondent
- **Court:** New York Court of Appeals
- **Decided:** December 26, 1985
- **Citations:** 66 N.Y.2d 576; 498 N.Y.S.2d 743; 489 N.E.2d 712; 1985 N.Y. LEXIS 17941
- **Precedential status:** Published
- **Opinion:** Concurrence by Titone
- **Judges:** Meyer, Simons, Titone
- **Cited by:** 412 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5537135

## How later opinions describe it (automated extraction)

- holding that a professional degree is a marital asset based on a New York statute unlike Utah's
- concluding that husband’s medical license was a marital asset subject to distribution

## Opinion text

Titone, J.
(concurring). I join in the majority opinion by Judge Simons for the court, and, like Justice Jackson, forthrightly surrender my contrary views in Conner v Conner ( 97 AD2d 88, 105 [Titone, J. P., concurring]) to a more cogent position (McGrath v Kristensen, 340 US 162, 178 [Jackson, J., concurring]).
Chief Judge Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone concur with Judge Simons; Judges Meyer and Titone concur in separate concurring opinions.
Order modified, with costs to defendant, and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the opinion herein and, as so modified, affirmed. Question certified answered in the negative.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5537135. Public record. Not legal advice.