Opinion
May 18, 1992
Appeal from the Supreme Court, Westchester County (Di Fede, J.H.O.).
Ordered that the judgment is affirmed, with costs.
Contrary to the defendant's contention, there was ample evidence in the record to support the court's finding that the diamond given by the plaintiff to the defendant was an engagement ring given solely in contemplation of marriage (see, Gaden v Gaden, 29 N.Y.2d 80; Friedman v. Geller, 82 Misc.2d 291; Merrill Transp. Co. v. State of New York, 97 A.D.2d 921; Rowe v. Board of Educ., 120 A.D.2d 850, 851).
Similarly, the evidence adduced adequately supported the court's findings that, in contemplation of marriage, the plaintiff paid the sum of $5,146.20 towards the purchase of an automobile for the benefit of the defendant (see, Gaden v. Gaden, supra; Clapper v. Kohls, 169 A.D.2d 860).
The court, as the trier of fact, properly rejected the testimony of the defendant on the issues relating to the counterclaim. Bracken, J.P., Lawrence, Eiber and Santucci, JJ., concur.