QUESTION: I CAN’T BELIEVE I MADE THAT STUPID GIFT, CAN I GET IT BACK?
ANSWER: EVEN GIFTS MADE IN CONTEMPLATION OF MARRIAGE ARE NOT RETRIEVABLE!
We are all familiar with buyer’s remorse and hopes to rescind a contract. But, can we get back gifts we later regret having made?
Almost seventy years ago, this issue was presented to Judge McGivern in Splendore v. Guglielmo the Supreme Court, Special Term, New York County, 205 Misc. 941 (1954).
Why did the donor want the gift back?
As Judge McGivern said:
"In Manhattan's East Harlem, on the fiesta of Our Lady of Mt. Carmel, in the year 1948, Charles Splendore, the plaintiff, first met ...