Bluth v. Bluth (Appellate Division, Second Department)

The husband appealed the Supreme Court’s appointment of a neutral appraiser to value his enhanced earnings capacity due to his medical license, certifications, and additional training. The Appellate Court agrees that the Supreme Court acted properly in seeking this appraisal as there was potentially residual economic value to the husband’s enhanced earnings independent of the value of his medical practice. Furthermore, the court determined that there was no merit to the contention by the husband that the doctrine of law of the case barred the Supreme Court from appointing an appraiser to value his enhanced earnings and as such, the decisions of the Supreme Court was affirmed.