New York case law is clear, ruling in 1971 that an engagement ring “is in the nature of a pledge for the contract of marriage” and the recipient is required “upon demand, to return the ring on the theory that it constituted a conditional gift” (Lowe v. Quinn, 27 NY2d 397).
And, what if the breakup wasn’t mutual or even your idea? Way back in 1992, NY Courts ruled that “whether Defendant was at fault for the breakup of the engagement is wholly irrelevant to his right to recover possession of an engagement ring that he …gave to defendant in contemplation of marriage “(Gagliardo v. Clemente; 180 AD2d 551). So the diamond (or perhaps cubic zirconia!) must be returned!
So, this Valentine’s Day, if the proposal ends with a “yes,” we hope you mean it…. unlike discarded broken pie-crust, a broken engagement means a return of the ring……
The New York Law Institute (NYLI), and the New York Legislative Service (NYLS) are pleased to announce a strategic collaboration designed to strengthen access to legislative and legal research. New York Legislative Service (NYLS) is the premier source for customized on-demand New York State and City legislative histories. This partnership will integrate NYLS’s legislative tracking…
September 17th is Constitution Day. Why September 17th? That’s the day the U.S. Constitution was signed in Philadelphia is 1787… And while the OED gives multiple meanings for every word — including constitution — most Americans (and certainly most librarians!) immediately associate it with the document, often amended, that is the basis of our government….
When Americans think of famous defense attorneys, they often think of those with celebrity defendants . The more historically minded think of Clarence Darrow. And is there a better known fictional defense attorney than T.V.’s Perry Mason? Former NYLI President James T. Brady had celebrity clients, set a historical legal precedent, and was one of…
