New York Court of Appeals
Dorothy J. Gaden v. Elmer L. Gaden, Jr.
June 10, 197129 N.Y.2d 80
Summary
The Court held that section 80-b of the Civil Rights Law applies to gifts of real property given in contemplation of a marriage that does not occur, even where the donee contributed consideration, and that fault is not a required factor; therefore the trial court's judgment ordering return of the property was reinstated. Justice Breitel dissented, arguing the statute should not apply because the plaintiff’s mortgage obligations constitute consideration and the gift was not solely premised on remarriage.