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Passeri v. Katzenstein

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1992
183 A.D.2d 817 (N.Y. App. Div. 1992)

Opinion

May 18, 1992

Appeal from the Supreme Court, Westchester County (Di Fede, J.H.O.).


Ordered that the judgment is affirmed, with costs.

Contrary to the defendant's contention, there was ample evidence in the record to support the court's finding that the diamond given by the plaintiff to the defendant was an engagement ring given solely in contemplation of marriage (see, Gaden v Gaden, 29 N.Y.2d 80; Friedman v. Geller, 82 Misc.2d 291; Merrill Transp. Co. v. State of New York, 97 A.D.2d 921; Rowe v. Board of Educ., 120 A.D.2d 850, 851).

Similarly, the evidence adduced adequately supported the court's findings that, in contemplation of marriage, the plaintiff paid the sum of $5,146.20 towards the purchase of an automobile for the benefit of the defendant (see, Gaden v. Gaden, supra; Clapper v. Kohls, 169 A.D.2d 860).

The court, as the trier of fact, properly rejected the testimony of the defendant on the issues relating to the counterclaim. Bracken, J.P., Lawrence, Eiber and Santucci, JJ., concur.


Summaries of

Passeri v. Katzenstein

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1992
183 A.D.2d 817 (N.Y. App. Div. 1992)
Case details for

Passeri v. Katzenstein

Case Details

Full title:DARRELL PASSERI, Respondent, v. DEBBIE KATZENSTEIN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 18, 1992

Citations

183 A.D.2d 817 (N.Y. App. Div. 1992)
584 N.Y.S.2d 108

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