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LIPSCHUTZ v. KIDERMAN

2009-02315

76 A.D.3d 178 (2010)

905 N.Y.S.2d 247

LARRY LIPSCHUTZ, Respondent, v. NADIA KIDERMAN, Appellant.

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

Decided July 6, 2010.

Attorney(s) appearing for the Case

Piscionere & Nemarow, P.C., Rye ( Anthony G. Piscionere of counsel), for appellant.

Mallow, Konstam & Nisonoff, P.C., New York City ( Abe H. Konstam of counsel), for respondent.

SANTUCCI, J.P., CHAMBERS and SGROI, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

This appeal involves the plaintiff's request for the return of a six-carat diamond ring he allegedly gave to the defendant in contemplation of marriage. However, the defendant, the would-be bride, was legally married to another man at the time that the ring was given. The defendant nonetheless had obtained a "get," or Jewish religious divorce, from that man. The plaintiff claims that, at the time he gave the defendant the...

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