According to NY CLS Civ R § 80-b, there is a right of action for the recovery of a chattel, the return of money or securities, or the value thereof at the time of such transfer, or the rescission of a deed to real property when the sole consideration for the transfer of the chattel, money or securities or real property was a contemplated marriage which has not occurred. The court may award the defendant a lien upon the chattel, securities or real property for monies expended in connection therewith or improvements made thereto, and deny judgment for the recovery of the chattel or securities or for rescission of the deed and award money damages in lieu thereof.
In Witkowski v. Blaskiewicz, the court held that a person, not under any impediment to marry, is not denied the right to recover property given in contemplation of a marriage which has not occurred.[1] In Beer v. Hart, the court concluded that a party is entitled to retain an engagement ring where she was ready and willing to marry the plaintiff, but he broke his engagement to marry her.[2]
[1] Witkowski v. Blaskiewicz, 162 Misc. 2d 66 (N.Y. Civ. Ct. 1994)
[2] Beer v. Hart, 153 Misc. 277 (N.Y. Mun. Ct. 1934)