The New York Civil Rights Law, § 80-b, authorizes a lawsuit to recover all kinds of property, including real estate, given to another in contemplation of a marriage which doesn't occur. A recent decision by the Appellate Division, Second Department, illustrates exactly how this law affects the most common pre-marital gift, the engagement ring.
In Dreznick v. Lenchner , Elliott Dreznick filed suit to recover various items from Stefanie Lenchner, one of which was an engagement ring. Elliott and Stefanie lived together in New York and were engaged for approximately 18 months. Stefanie ended the relationship, moved out, and took the ring with her. When Elliott demanded its return, Stefanie refused and litigation ensued.
The Suffolk County Supreme Court found Elliott entitled to the ring's return as a matter of law, based on Civil Rights Law § 80-b. On appeal, the AD2 affirmed.
While Stefanie argued that New York lacked personal jurisdiction over her, as she lived in California when the action was commenced, the trial court found "a basis for the exercise of jurisdiction ... [in] CPLR 302(b)." That provision is a "long-arm statute," which gives New York courts power over a non-resident defendant so long as New York was the individual's domicile prior to the separation.
So, in the end, even though his "ex" lived in California, New York courts had the power to order the jewelry's return.
Did we manage to keep you engaged?
For a copy of the Appellate Division's decision, please use this link: Dreznick v. Lenchner