Gagliardo v. Clemente

Appellate Division of the Supreme Court of New York

Gagliardo v. Clemente

180 A.D.2d 551, 580 N.Y.S.2d 278, 1992 N.Y. App. Div. LEXIS 2712

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 1992

StatusPublished

Cited by6 cases

This text of 180 A.D.2d 551 (Gagliardo v. Clemente) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gagliardo v. Clemente, 180 A.D.2d 551, 580 N.Y.S.2d 278, 1992 N.Y. App. Div. LEXIS 2712 (N.Y. Ct. App. 1992).

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Opinion

Order, Supreme Court, New York County (Edward J. Greenfield, J.), entered March 18, 1991, which granted plaintiff’s motion for partial summary judgment with respect to so much of the complaint as seeks possession of a 3.77 carat white diamond ring he gave to defendant in contemplation of marriage, unanimously affirmed, without costs.

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 NY2d 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.

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Order, Supreme Court, New York County (Edward J. Greenfield, J.), entered March 18, 1991, which granted plaintiff’s motion for partial summary judgment with respect to so much of the complaint as seeks possession of a 3.77 carat white diamond ring he gave to defendant in contemplation of marriage, unanimously affirmed, without costs.

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 NY2d 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.

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Bluebook (online)

180 A.D.2d 551, 580 N.Y.S.2d 278, 1992 N.Y. App. Div. LEXIS 2712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gagliardo-v-clemente-nyappdiv-1992.

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