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SHOENFELD v. FONTEK

67 Misc.2d 481 (1971)

Nathan Shoenfeld, Plaintiff, v. Estelle Fontek, Defendant.

Supreme Court, Special Term, Nassau County.

September 3, 1971

Attorney(s) appearing for the Case

John L. Juliano for plaintiff. Max Wildman for defendant.

DANIEL G. ALBERT, J.

In Lowe v. Quinn (27 N.Y.2d 397) the Court of Appeals held that a married man, awaiting dissolution of his marriage, may not maintain an action to recover an engagement ring given to another woman in contemplation of a subsequent marriage.

The question presented to this court, raised by defendant's motion to dismiss the complaint for failure to state a cause of action (CPLR 3211,...

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