Jafri v. Jafri

176 Misc. 2d 246, 671 N.Y.S.2d 589, 1997 N.Y. Misc. LEXIS 696
CourtNew York Supreme Court
DecidedDecember 23, 1997
StatusPublished
Cited by2 cases

This text of 176 Misc. 2d 246 (Jafri v. Jafri) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jafri v. Jafri, 176 Misc. 2d 246, 671 N.Y.S.2d 589, 1997 N.Y. Misc. LEXIS 696 (N.Y. Super. Ct. 1997).

Opinion

OPINION OF THE COURT

Howard Miller, J.

Plaintiff and defendant were married in India on May 23, 1980. There are two children of the marriage, Tanveer (date of birth Mar. 1, 1981), and Yaver (date of birth May 5, 1982). This action commenced June 11, 1991. Defendant is seeking, [247]*247inter alia, equitable distribution of plaintiffs medical license and psychiatric certification.

Prior to the marriage, plaintiff was working as a licensed physician in India, earning approximately $150 per month, and receiving a house, jeep and driver, and a servant. After the parties were married in India, plaintiff came to the United States, where she studied and passed the tests necessary to become licensed to practice medicine in the United States. Plaintiff was board certified in psychiatry in 1988 or 1989, and board certified in child psychiatry in 1992. In 1991, when the action commenced, plaintiff was earning $82,000 per annum working for a hospital and doing additional part-time consulting work. At the time of trial, plaintiff was earning $84,000 per annum from her private practice.

At the time of the marriage, defendant was earning $1,500 per month plus commissions as an insurance agent, and approximately $200 per month for part-time work at a hotel. In 1991, defendant was earning approximately $11,888 per annum. At the time of trial defendant was receiving Social Security disability benefits due to his physical condition.

The first appraisal of plaintiffs medical license presented to the court by the court-appointed appraiser, Goodman, Kahn, Hoffman, Nonenmacher & Hochman, valued plaintiffs enhanced earnings due to her medical license and psychiatric certification at $903,090, which, after applying a 25% coverture factor, resulted in a $359,009 marital share as of January 1, 1997. There being no extraordinary events which would prompt the use of that date for valuation, plaintiffs license, as an “active asset”, should be valued nearest the date of commencement of this action, i.e., June 11, 1991 (see, e.g., McSparron v McSparron, 87 NY2d 275). The court therefore directed a further appraisal to determine the value of the license on June 11, 1991. The second appraisal also provides calculations based on a range of discount rates.

The second appraisal (the Goodman appraisal) evaluates plaintiffs United States medical license and certification as of June 30, 1991 in a range of values, from a high of $1,183,131 to a low of $541,356, depending on the present value rate.

Testifying on behalf of plaintiff was Richard J. Stone of J. H. Cohn, L. L. P. (the Cohn appraisal), who valued plaintiffs license and certification as of June 11, 1991 at $366,053. That appraisal also provides a range of values, from a high of $534,076 to a low of $213,596, depending on the projected age of retirement and the present value rate.

[248]*248The difference in the values of plaintiff’s license and certification results primarily from three factors: (1) comparable occupational earnings; (2) plaintiff’s projected retirement age; and (3) application of a discount rate ranging from 3% to 12%.

The Goodman appraisal compared the earnings of a recent college graduate (statistical) with a psychiatrist, resulting in an earnings differential of $67,101.

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Related

Grunfeld v. Grunfeld
193 Misc. 2d 418 (New York Supreme Court, 2002)
Grunfeld v. Grunfeld
731 N.E.2d 142 (New York Court of Appeals, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
176 Misc. 2d 246, 671 N.Y.S.2d 589, 1997 N.Y. Misc. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jafri-v-jafri-nysupct-1997.