GAGLIARDO v. CLEMENTE

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 N.Y.2d 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.