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……
NYLI will close at 2:00PM on Wednesday November 26th and will be closed Thursday and Friday, November 27th and 28th, in observance of the Thanksgiving holiday. We here at the New York Law Institute wish you a happy holiday!
Summer Olympics is in glamorous Paris this go around, and the countries of the world watch as their athletes compete for the gold…. And at The New York Law Institute, we have sources on Sports Law and Olympic Game issues that are research gold for members! As always, it’s good to start with a Nutshell…….
O’Connor wrote the opinion for NY v. US (505 US 144)… Supreme Court Record & Briefs are available @ NYLI.. click here for more about our R & B collection… Whether researching U.S. Supreme Court trends or Constitutional theory… The New York Law Institute is the resource… consider joining today… we are a click away…