Opinion
December 1, 1998
Appeal from the Supreme Court, New York County (David Saxe, J.).
The causes of action under Civil Rights Law § 80-b to recover gifts in contemplation of a marriage that did not occur were properly dismissed on the ground that plaintiff was married at the time the gifts were made, and it does not avail plaintiff that his divorce action was pending at the time ( Lowe v. Quinn, 27 N.Y.2d 397).
Concur — Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.