Nosonowitz v. Kahn

This is a motion to dismiss the complaint as insufficient in law in that it fails to state facts sufficient to constitute a cause of action. The plaintiff seeks a judgment to recover a diamond engagement ring or its value. The defendant urges that this action falls within the condemnation of article 2-A of the New York Civil Practice Act which bars certain remedies including an action to recover damages for breach of promise to marry.

In one respect the complaint herein differs from the usual ones pleaded in this type of action. It alleges that the defendant broke an engagement to marry and…