1. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COHEN v. BAYSIDE S&L 62 Misc.2d 738, 309 N.Y.S.2d 980 (1970) Case Brief

2. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COHEN v. BAYSIDE S&L PURPOSE: A much debated issue of personal property: Who gets the engagement ring?

3. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COHEN v. BAYSIDE S&L CAUSE OF ACTION: This is part of probate proceedings.

4. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COHEN v. BAYSIDE S&L FACTS: Fiance is killed in auto accident. His personal representative seeks to recover the engagement ring.

5. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COHEN v. BAYSIDE S&L ISSUE: Whether the deceased’s estate may obtain the return of an engagement ring where the deceased died prior to the wedding.

6. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COHEN v. BAYSIDE S&L HOLDING: No, she keeps the ring.

7. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COHEN v. BAYSIDE S&L REASONING: New York abolished the cause of action for breach of promise to marry. Later, in 1961, the legislature enacted a statute allowing recovery of engagement rings where “justice so requires.” The Court rejects the notion of the ring as consideration for the marriage contract. The Court found justice best served by allowing the donee to keep the ring.