Legal Question in Civil Litigation in New York

Re: gift - am I liable to pay gift back after break-up?

If it was truly a gift, you do not have to pay him back. If you used it and derived benefit from it, then he might have a case for "unjust enrichment". You should return the ticket with note saying, "no thanks, i do not wish to accept this gift. i suggest if you cannot use it that you try to get a refund." Nobody forced him to buy you the ticket - it was out of love and affection (right?!), and so because he did not reasonably expect something in return other than your presence, there is no consideration and no contract requiring you to pay for it.

If you really feel ambitious, I suppose you could try to contact the airline directly if you have the tickets in your possession and ask them to credit your ex's credit card and give him a refund. If you can accomplish that, then he will have no damages. And if he has no damages, he can't be successful on his case. Just one word of caution, if you scramble to get a refund, it will have the appearance that you are afraid that you have done something wrong- almost like an admission of liability. I don't think it's a strong argument, but if you can't get the refund for him he might try to use it against you. Still, taking away the damages element is the simplest way to defeat any spurious lawsuit he may try to bring.

Re: gift - am I liable to pay gift back after break-up?

The airlines have made it difficult to "change the name" on a ticket so I do not think this is possible. Sometimes the tickets are non-refundable as well.

Sounds like he invited you to go as his guest and now you are not going. I do not see what liability you have.

He needs to cancel the ticket and receive whatever refund he may be able to get.