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……
We have a lot of fun getting into the holiday spirit here at NYLI. In particular our Research Analyst Emily Moog and now retired Library Clerk Pheobe Hurtte who are master crafters of holiday joy here at the library. Here’s a brief look at just some of the many holiday decorations we’ve had here at…
The New York Law Institute offers members a variety of resources and services including two eBooks collections providing access to over 270,000 eBook titles. We offer the entire West Academic Nutshells series in eBook format, hundreds of ABA titles, and Mathew Bender legal treatises. We also offer access to valuable electronic resources such as Proquest…
But did you know that a nearly 200 year old failed amendment was eventually ratified in 1992? . Madison originally proposed 19 amendments which were consolidated and trimmed down to 12 by the Senate and sent to the states by President Washington in October 1789. Not enough states ratified the first two — but the…
Reminder…. Favorite Library Memory Contest deadline is April 25th… Write up your favorite library memory… and you may win a prize at our annual celebrity drawing….. So…. don’t delay… email me (emoog@nyli.org) your entry today….
Irish immigrants have been part of the American landscape since before the American Revolution… And some early & notable members of The NY Law Institute were Irish American Lawyers. There’s Thomas Addis Emmet…. Thomas Addis Emmet , older brother of famed Robert, was an early legal adviser to the Society of the United Irishmen . Emigrating to America after…