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• Richard Green (Fine Paintings) v. McClendon
• Scope of Review on Appeal From Final Judgment
• Warranty of Habitability Updated: Mold, Bedbugs, Lead Paint, Leaks
• State Bar Urges Creation of Center for International Arbitration in NYC
• Panel Finds Sanctions Warranted for Subpoena of Medical Records
• A Busy Clement Defends DOMA From a Much Smaller Home Base
• Prosecutors See Little Relief in Final City Budget
• Malpractice Claim Proceeds Over Death of Rikers Officer
• Suit Over Online Resale of Yankees Tickets Is Dismissed
• Personal Notes on Lawyers
• ABA Commission Offers Clarification of Its Existing Advertising Rules
• Corrections
• Patrolmen's Benevolent Assoc. of NYC Inc. v. New York City Office Of Collective Bargaining
• Arneaud v. Pereira
• Passarelli Family Partnership LP v. Davis
• Kunkel v. Kunkel
• 560 Colonial LLC v. Advance Abstract Corp.
• People (ex rel Crump) v. Ewald
• United States v. Coiscou
• Weinstein v. eBay Inc.
• Franco Apparel Group Inc. v. Nat'l Liability & Fire Ins. Co.
• Siani v. State University of New York at Farmingdale
• Board of Managers of the Mason Fisk Condominium v. 72 Berry Street LLC
• Cabrera v. NYC Housing Authority
• Outside Counsel: Hedge Fund Investments by Pension Plans

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Richard Green (Fine Paintings) v. McClendon	Top
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
Scope of Review on Appeal From Final Judgment	Top
In their Appellate Practice column, Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, examine a recent decision in which the Fourth Department reaffirmed the often-overlooked corollary to CPLR 5701 that "an appeal from a nonfinal order or intermediate order does not bring up for review prior nonfinal orders."
Warranty of Habitability Updated: Mold, Bedbugs, Lead Paint, Leaks	Top
In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel of Stroock & Stroock & Lavan write: Courts in New York are prepared to apply the warranty of habitability to address novel and evolving conditions such as bedbug infestations as well as more traditional conditions such as leaks. It is therefore important that boards and their managing agents respond promptly and diligently to notice of warranty-implicating conditions, investigate and remediate such conditions and comply with relevant federal and local laws.
State Bar Urges Creation of Center for International Arbitration in NYC	Top
Panel Finds Sanctions Warranted for Subpoena of Medical Records	Top
A Busy Clement Defends DOMA From a Much Smaller Home Base	Top
Prosecutors See Little Relief in Final City Budget	Top
Malpractice Claim Proceeds Over Death of Rikers Officer	Top
Suit Over Online Resale of Yankees Tickets Is Dismissed	Top
The New York Yankees have notched a courtroom victory in a challenge to online ticket sale practices. A Manhattan federal judge has dismissed a deceptive practices suit filed by a ticket buyer against the team, StubHub, and its parent, eBay.
Personal Notes on Lawyers	Top
ABA Commission Offers Clarification of Its Existing Advertising Rules	Top
The American Bar Association's Commission on Ethics 20/20 caused a minor stir last fall when it launched a study into the ethics of online client development tools including Facebook. The commission on June 29 released its conclusions, and they are hardly drastic. Rather than develop a new set of proposed rules pertaining specifically to online advertising, the commission recommended several relatively minor clarifications to the existing rules.
Corrections	Top
Patrolmen's Benevolent Assoc. of NYC Inc. v. New York City Office Of Collective Bargaining	Top
Collective Bargaining Board Denied Dismissal of PBA's Article 78 Petition
Arneaud v. Pereira	Top
Proof of Excusable Default, Meritorious Defense Not Required for Attorney's Fraud
Passarelli Family Partnership LP v. Davis	Top
Landlord's Defective Predicate Rent Demand Results in Dismissal of Arrears Case
Kunkel v. Kunkel	Top
Son's Constructive Trust Claim Against Father Denied as All Elements Not Met
560 Colonial LLC v. Advance Abstract Corp.	Top
Court Lacks Jurisdiction as Tenant No Longer In Possession of Premises When Action Filed
People (ex rel Crump) v. Ewald	Top
Judge Finds Original Court's $250,000 Bail Neither Excessive Nor Abuse of Discretion
United States v. Coiscou	Top
Possession of Keys, Repeated Entry Show Probable Cause as to Constructive Possession
Weinstein v. eBay Inc.	Top
Suit Alleging StubHub's Breach of State Laws In Online Resale of Yankees Tix Is Dismissed
Franco Apparel Group Inc. v. Nat'l Liability & Fire Ins. Co.	Top
Insurance Denial Suit Dismissed as Untimely Under Parties' Agreed Shorter Limit Period
Siani v. State University of New York at Farmingdale	Top
Spoliation Adverse Inference Denial Upheld; Preservation Negligence Found Not Gross
Board of Managers of the Mason Fisk Condominium v. 72 Berry Street LLC	Top
Board Lacks Standing to Sue Conversion's Sponsors for Full Disclosure Violations
Cabrera v. NYC Housing Authority	Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
Outside Counsel: Hedge Fund Investments by Pension Plans	Top
Harvey M. Katz, a partner at Fox Rothschild, discusses the exemptions hedge fund managers take advantage of to escape the need to comply with ERISA plan asset regulations, and how increased interest by pension plans in hedge funds has caused additional pressure on funds using the most common exemption, the 25 percent limit.

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