PISTOL LICENSING CONSULTANT, SPECIALIZING IN BUSINESS CARRY, HOME AND BUSINESS PREMISE VIP PRIVATE ROOM Available For Rent! LARGER INVENTORY Walk In HUMIDOR NEED CASH? WE ARE NOW AN AUTHORIZED CASH FOR GIFT CARD LOCATION QUICK & EASY WE CARRY A LARGE SELECTION OF POLICE EQUIPMENT DUTY BELTS • ACCESSORIES FOR DUTY BELTS • HANDCUFFS • KEVLAR GLOVES • TATICAL PENS • ON & OFF DUTY HOLSTERS • PREMIUM BRAND CIGARS • CIGAR ACCESSORIES • PIPES PIPE TOBACCO • ACCESSORIES NEW EXTENDED HOURS FRI AND SAT 10am- MIDNIGHT! Advertorial Legally Speaking By: Scott Baron, Attorney at Law A TENANT’S EXPOSURE Q: I rent and operate a liquor store in New York City. In front of my store, a customer tripped and fell. She says that a portion of the sidewalk was uneven. Later in the day, her friend took some photos of the scene. Am I exposed to a lawsuit? A: Most likely, there is nothing in the lease that makes you responsible for making structural repairs to the sidewalk. Rather, the terms of the lease place that obligation upon the landlord, and limit your obligations to removal of debris, snow and ice. Apparently, the customer tripped and fell due to a structural defect in the sidewalk. Accordingly, liability would stem from the landlord’s own negligence, not yours. Nevertheless, your landlord may seek to show that you are contractually obligated to indemnify it, pursuant to the terms of the lease. The right to contractual indemnification depends upon the specific language. A promise to indemnify will not be found unless it can be clearly implied from the language and purpose of the entire agreement and the surrounding circumstances. The language must be unmistakable. Moreover, a court is permitted to enforce an indemnity clause here only if the lease is a commercial one that includes an ‘insurance procurement’ requirement. Where the parties freely use insurance to allocate the risk of liability, public policy is more tolerant of indemnity provisions. Your attorney is likely early-on to want to read that lease. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 Look to us at a time when compassion and trust are needed the most. N e w l y R e n o v a t e d F a c i l i t i e s Call 24 Hours a Day, 7 Days a Week 718-896-9000 or 1-888-860-8616 PARKSIDE MEMORIAL CHAPELS INC. 98-60 Queens Boulevard • Forest Hills, NY Other Chapels Located in Rockville Center, Woodbury, Brooklyn, and in Florida in Dade County, Broward County, Palm Beach Counties www.parksidememorialchapels.com www.qns.com | MARCH 2016 | CRYDER POINT COURIER 5 • Chapel, Family Gathering & Graveside Services Available • Arrangements Can be Made in the Comfort of Your Own Home • Live Broadcasting of Funerals Over the Internet • Monument and Inscription Services Available On-site • FDIC Insured Pre-Arrangements • On Staff Rabbi to Answer All Questions
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