Ordered that the cross appeal is dismissed as abandoned; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, the defendant's motion pursuant to CPLR 4401 is denied, the cause of action for the return of an engagement ring is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a new trial on that cause of action and the entry of an appropriate amended judgment thereafter; and it is further,
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