Northeast
Court rules on alleged cheater who kept $70,000 engagement ring in case that challenged state law
The highest court in the state of Massachusetts just decided what to do with a $70,000 engagement ring at the center of a dispute between a former couple.
It overruled a six-decade-long state rule that pushed judges to identify who was to blame for the end of a relationship, instead stating that the engagement ring must be returned to the person who first purchased it.
The former couple, Bruce Johnson and Caroline Settino, first started dating in the summer of 2016. Johnson allegedly paid for extravagant gifts and vacations for Settino, according to court documents.
BRIDE CALLS OFF ENGAGEMENT, ATTENDS WEDDING DAYS LATER WITH HER FRIENDS AND FAMILY
In August 2017, Johnson asked Settino’s father for her hand in marriage and proposed with a $70,000 diamond engagement ring.
According to court filings, Johnson claimed Settino then became critical and unsupportive, not accompanying him to treatments for his prostate cancer, and berating him.
Johnson looked through Settino’s mobile phone and found messages from her to a man he did not know.
The engagement ring was valued at $70,000. (iStock)
“My Bruce is going to be in Connecticut for three days. I need some playtime,” Settino’s text read.
Johnson also discovered a voicemail where the same unidentified man called Settino “cupcake” and said that they didn’t see enough of each other.
After confronting Settino with the messages, Johnson ended their engagement. However, ownership of the $70,000 engagement ring was unclear. A legal battle ensued.
JENNIFER LOPEZ’S ENGAGEMENT RING FROM BEN AFFLECK PROMISED HE WAS ‘NOT GOING ANYWHERE’
While one trial judge concluded Settino was entitled to keep the ring, an appeals court found Johnson should get the ring.
The case ultimately landed before the Massachusetts Supreme Judicial Court in September of this year, which ruled that Johnson should keep the engagement ring.
When a wedding doesn’t happen, justices said in their ruling that the question of “who is at fault” should continue to govern ownership rights over engagement rings.
A Massachusetts ruling from nearly 70 years ago found that engagement rings are seen as conditional gifts and can be returned if there is a broken off engagement if that person is “without fault.”
The justices wrote in Friday’s ruling, “we now join the modern trend adopted by the majority of jurisdictions that have considered the issue and retire the concept of fault in this context.”
Attorney John Kappos, standing rear left, argues for the doctor in Boston on March 9, 2022. The Supreme Judicial Court hears oral arguments in Roger M. Kligler & Dr. Alan Steinbach vs. Maura Healey & Michael OKeefe. Dr. Roger Kligler, who has incurable metastatic prostate cancer, wants doctors to be able to prescribe lethal amounts of drugs to terminally ill patients with six months or less to live, without fear of prosecution. The states highest court on Wednesday weighed arguments in a Cape Cod doctors controversial right-to-die case, with justices questioning whether the times, law, and medicine had evolved to make it time to legalize medically assisted death and whether the decision should be left to the Legislature. (Photo by Pat Greenhouse/The Boston Globe via Getty Images) (Pat Greenhouse/The Boston Globe via Getty Images)
“Where, as here, the planned wedding does not ensue and the engagement is ended, the engagement ring must be returned to the donor regardless of fault,” the justices continued.
Stephanie Taverna Siden, the lawyer who represented Bruce Johnson, said she was “pleased” with the decision.
“We are very pleased with the court’s decision today. It is a well-reasoned, fair and just decision and moves Massachusetts law in the right direction,” Siden said to the Associated Press.
One of Settino’s lawyers, Nicholas Rosenberg, said they were disappointed with the outcome to the Associated Press, but respected the decision of the court to follow the majority rule of the rest of the states.
“We firmly believe that the notion of an engagement ring as a conditional gift is predicated on outdated notions and should no longer be a legal loophole in our otherwise well-established rule that a breach of a promise to marry is not an injury recognized by law,” Nicholas Rosenberg said.
The Associated Press contributed to this report.
Read the full article from Here
New York
She’s Riding in Five Boro Bike Tour, and She’s Happy to Wear a Helmet
Good morning. It’s Friday. We’ll meet a first-time rider in the Five Boro Bike Tour who learned the hard way that wearing a helmet matters. And on this, the 95th anniversary of the day the Empire State Building opened, we’ll find out about some of the workers who built it.
As a first-timer in the Five Boro Bike Tour on Sunday, Patricia Hochhauser will wear a helmet. It’s a must for the 32,000 entrants.
But Hochhauser has special reason to. She wasn’t wearing one a couple of years ago, when she tried out a gas-powered scooter. Her husband, Harold Hochhauser, said it had bucked and thrown her off. She sustained a traumatic brain injury.
“I live every day with the consequences of not wearing that helmet,” she said. She was checking out the scooter in a parking lot. “I was so excited about it, thinking I was going to do errands in the neighborhood — put on a backpack and throw my groceries in there,” she said. “I had all these big hopes and dreams.” She said she did not remember anything about the accident “until they were putting staples in my head” — 15 in all, she said.
The accident cost her a job opportunity, she said: She had been scheduled to start training a week later as a bus driver with the Metropolitan Transportation Authority. She had been a school bus driver and was looking forward to getting behind the wheel of one of the 1,300 buses in the M.T.A.’s fleet.
On Sunday she is looking forward to riding over the 2.6-mile-long Verrazzano-Narrows Bridge. The lower level will be closed to cars and trucks to accommodate the cyclists, who will start out at Franklin Street and Church Street in TriBeCa in Manhattan. Some avenues and major highways will also be off limits to cars and trucks at times during the tour. The City Department of Transportation’s traffic advisory is here. And the Five Boro Bike Tour does not permit scooters like the one she was riding when she had the accident. Some e-bikes are allowed. She plans to ride her regular road bike.
‘We are Gen X’
When the accident happened, Hochhauser and her husband were already practiced cyclists and owned helmets. But they never bothered with them, she said.
Why not?
“Because we are Gen X, and I grew up not having to wear a helmet,” she said. “Half the time growing up, I didn’t even have to wear a seatbelt in the car. It wasn’t like, Oh, get in the back seat and buckle up, you know?”
After the accident, she was determined to ride again. Harold Hochhauser said that their first outings were difficult. To help her maintain balance, he put training wheels on her bike — since removed, he said.
Last year they rode in the Tour de Yonkers, picking the 50-mile route, the longest of three that participants could follow. She said there were hills that she could not conquer — she had to get off and walk up.
“I’m doing it all myself this time,” she said. “I am, you know, stronger than I was then.”
Weather
Today will be bright and sunny with a high near 65. Expect increasing clouds and a chance of rain tonight, as temperatures fall near 51.
ALTERNATE-SIDE PARKING
In effect until May 14 (Solemnity of the Ascension).
QUOTE OF THE DAY
“I would probably encourage him to return the Koh-i-Noor diamond.” — Mayor Zohran Mamdani, on what he would have said to King Charles III if they had met privately during the royal visit on Wednesday. The priceless jewel is a symbol of colonial plunder.
The workers who built the Empire State Building
On another May 1 — in 1931, by coincidence also a Friday — the Empire State Building opened, and on that morning, everyone’s perspective changed. People were awed by the view of the building and the view from the building, “a new view” of New York, as The New York Times described it from 85 stories up. The ships in the Hudson River were “little more than rowboats,” the paper reported. Fifth Avenue and Broadway were “slender black ribbons.”
The Times said that 3,400 workers had “coordinated tasks to finish ahead of schedule.” Glenn Kurtz, whose father’s office was in the building, wondered who they were.
“When you look at the standard histories, the answer is always the architects, the owners and the contractors,” Kurtz told me. He wanted to know about the “people who had tools in their hands.”
“I very quickly discovered there was almost no information about them,” he said. There was no list of their names; the men in famous photographs taken by Lewis W. Hine “have invariably been referred to as ‘anonymous workers,’” Kurtz said. He spent a decade doing research for the book “Men at Work: The Empire State Building and the Untold Story of the Craftsmen Who Built It” and put names to some of the faces in Hine’s photos.
He spotted 32 names on a plaque in the lobby — for workers who were given “certificates of superior craftsmanship” — and realized that many were the men in Hine’s photographs.
But the images themselves were why the workers’ identities had been overlooked. “The photographs are iconic, they represent a generalized ideal, and we love generalized ideals,” Kurtz said. To say, ‘Oh, that’s not this magnificent, iconic image of a worker, it’s Victor Gosselin, who lived in Canada and died in a car crash’ — many people would feel it diminishes the image to know who the actual person was.”
Or, as he said a moment later, “the actual lives of these men often undermine the mythology.”
Gosselin was almost certainly a Mohawk from the Kahnawake reservation, whose territory once reached what is now upstate New York. Another, George Adams, was apparently distantly related to the second president of the United States, John Adams. Others were recent immigrants from Ireland and Italy, as well as Eastern Europe and Scandinavia. Some were sons or grandsons of German or Scottish immigrants.
In “Men at Work,” Kurtz described Neil Doherty, an ironworker Hine photographed, as one of the few “allowed to have his own voice” in newspaper articles about the construction of the huge skyscraper.
“It’s just like anything else,” Doherty was quoted as saying in one article. “A person on solid ground never has any fear of falling. That’s just the way you become, up on the girders after a while, and you have to watch yourself taking that attitude. Usually the two days off at the end of the week are enough to take away this carelessness.”
Gosselin was “the single best-known worker on the building” because he was photogenic and charismatic, Kurtz said. “And in every portrayal of him, he epitomizes the cultural ideal that has so powerfully shaped our image of the workmen who built the Empire State.“
“My real question was, What does the building stand for?” Kurtz told me. “One way to think of it is as a central symbol of America in the 20th century. If we imagine it in those terms, do we think of the five rich men who were funding it, or do we think in terms of the 10,000 mostly immigrant men who built it? The story of the five is told over and over again. I thought it would be interesting to tell the other story.”
METROPOLITAN diary
Covered up
Dear Diary:
I was walking down Clinton Street on the Lower East Side when I passed a couple of guys sitting on a bench.
“You look like you’re in a witness protection program,” one said.
“Excuse me?” I asked.
“You look like you’re in a witness protection program, for sure,” he repeated.
Boston, MA
With Jayson Tatum out, Celtics debut brand-new starting lineup in Game 7
With Jayson Tatum unavailable, Celtics head coach Joe Mazzulla threw his starting lineup into a blender for Game 7 against the Philadelphia 76ers.
Boston opened Saturday’s win-or-go-home game at TD Garden with a five-man unit of Derrick White, Ron Harper Jr., Baylor Scheierman, Jaylen Brown and Luka Garza.
White and Brown are longtime starting-lineup staples, and Scheierman, Harper and Garza all started games at different points this season. But this was that quintet’s first time sharing the floor. They’d played zero minutes together during the regular season or postseason.
Harper, Scheierman and Garza were part of Boston’s top-performing lineup in Game 6. Those three, along with Payton Pritchard and Jordan Walsh, staged a late-game rally, cutting a 23-point deficit to 12 before losing steam in the final minutes of Philadelphia’s series-extending 106-93 win.
The trio of new additions also played key roles in one of the Celtics’ most memorable wins of the season: the Game 82 matchup with the Orlando Magic that Boston won despite sitting their top seven rotation players. Harper, Scheierman and Garza combined for 84 points in that win, with Garza hitting the decisive 3-pointer late in the fourth quarter.
Scheierman and Garza have seen sporadic playing time in Boston’s first-round playoff series, but Harper — who only had his two-way contract converted to a standard deal last month — had only played in blowouts before his surprise start on Saturday.
The radical lineup change pushed usual starters Neemias Queta and Sam Hauser to the bench. Queta had started 81 of the 82 games he’d played this season, including each of the first six playoff games, but he’s struggled to stay out of foul trouble against the Sixers. The Celtics were outscored with Hauser on the floor in four of the first six postseason contests.
Mazzulla opted for Garza over veteran center Nikola Vucevic, who has been Queta’s primary backup when healthy.
Tatum was ruled out for Game 7 with left knee tightness.
Pittsburg, PA
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