Gagliardo v. Clemente

Full title: PAOLINO GAGLIARDO, Respondent, v. NATALIE J. CLEMENTE, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 25, 1992

180 A.D.2d 551 (N.Y. App. Div. 1992)

580 N.Y.S.2d 278

Opinion

February 25, 1992

Appeal from the Supreme Court, New York County (Edward J. Greenfield, J.).

Whether plaintiff was at fault for the breakup of the engagement is wholly irrelevant to his right to recover possession of an engagement ring that he concededly gave to defendant in contemplation of marriage (Civil Rights Law § 80-b; Gaden v. Gaden, 29 N.Y.2d 80, 88). Defendant has failed to raise any triable issues of fact with respect to the ring, and partial summary judgment was properly granted.

Concur — Murphy, P.J., Wallach, Kupferman, Asch and Smith, JJ.