Monthly Archives: August 2014

New York Court of Appeals Decisions Updates – Issue 5

We recently published a new edition of New York Court of Appeals Decisions Updates.  Click here to read them online.

“Until [Litigation] Does Us Part…”

Litigation between former fiancées over “engagement” rings and other “gifts” are a source of repeated, sanctimonious and acrimonious litigation worthy of a nationally televised segment before “Judge Judy”.

The law appears to consider engagement rings “a gift with strings attached.” The cantankerous suits are adjudicated pursuant to New York Civil Rights Law Section which provides that:

Nothing in this article contained shall be construed to bar a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of such transfer, or the rescission of a deed to real property when the sole consideration for the transfer of the chattel, money or securities or real property was a contemplated marriage which has not occurred, and the court may, if in its discretion justice so requires, (1) award the defendant a lien upon the chattel, securities or real property for monies expended in connection therewith or improvements made thereto, (2) deny judgment for the recovery of the chattel or securities or for rescission of the deed and award money damages in lieu thereof.

A recent Continue reading