18 The Courier sun • march 3, 2016 FOR BREAKING NEWS VISIT www.qns.com Legally Speaking By: Scott Baron, Attorney at Law A TENANT’S EXPOSURE Advertorial 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 Georgia D D I N I N E E R R & & R R E E S S T T A A U U R R A A N N T T ACT V Georgia Diner Complete Dinner Served 4 to 10 PM Monday thru Friday Except Holidays Cup of Soup,ACT Salad,V Entree, Potato & Vegetable or Spaghetti, Dessert and Coffee, Tea or Soda Served 4 to 10PM Monday thru Friday, Except Holidays INCLUDES: Cup of Soup, Salad, Entrée, Dessert and Coffee, Tea or Soda $1995 $23.95 ACT 1 ACT Choice I - Choice of Soup of Soup SOUP DU JOUR - MANHATTAN CLAM CHOWDER or SOUP Du JOUR, MANHATTAN CLAM CHOWDER or CHICKEN CONSOMME with ne noodles, matzoh ball or rice CHICKEN CONSOMME with Fine Noodles, Matzoh Ball or Rice ACT IIII DINNER SALAD with Choice of Dressing ACT II ACT IIIIII Choice of Entree DINNER SALAD with choice of dressing ACT III - Choice of Entrée BROILED FILET OF SNAPPER ALMONDINE STUFFED FILET OF LEMON SOLE FLORENTINE with Spinach and Feta Cheese BROILED HALIBUT STEAK in Lemon Butter Sauce STUFFED FILET of SOLE BROILED FLORENTINE BOSTON with SCROD spinach and feta cheese, served with potato and vegetable in Lemon Butter Sauce BROILED FRESH BROOK BROILED TROUT FRESH in lemon BROOK butter TROUT sauce, served with potato and vegetable in Lemon Butter Sauce CALAMARI FRA DIAVOLO MEDITERRANEAN Calamari TILAPIA and FILET Mussels served Served with over rice Linguine and vegetable CHICKEN PARMIGIANA SPINACH PIE with Greek Salad with Spaghetti TWO BROILED PORK CHOPS CALAMARI FRA DIAVOLO: calamari with and Applesauce mussels served over linguini ROAST YOUNG TOM TURKEY HOMEMADE MEAT LOAF with mushroom with Dressing gravy served with potato and vegetable CHICKEN PARMIGIANA ROUMANIAN with spaghetti SLICED STEAK Mushroom Sauce TWO BROILED PORK CHOPS SMOKED with VIRGINIA applesauce,HAM served STEAK with potato and vegetable BAKED CHICKEN ROAST YOUNG TOM TURKEY in Light with Mushroom dressing, served Sauce with potato and vegetable CHICKEN BROCHETTE SMOKED VIRGINIA HAM with STEAK Onions,served Pepper with and potato Tomatoes and vegetable GRILLED CHICKEN SORRENTINO BAKED CHICKEN in light mushroom with Eggplant sauce and served Mozzarella with potato and vegetable CHICKEN BROCHETTE BROILED with onions,BEEF LIVER pepper with and Fried tomatoes Onions ROAST HALF CHICKEN with Dressing served over rice GRILLED CHICKEN PENNE SORRENTINO CON BROCCOLI with E eggplant GRILLED and CHICKEN mozzarella Mixed with Garlic and Oil served with spaghetti MOUSSAKA Eggplant and Chopped Meat, Topped with Bechamel Sauce BROILED BEEF LIVER ROAST with fried SIRLOIN onions or OF bacon BEEF served Au Jus with potato and vegetable BAKED LASAGNA, WIDE PASTA LAYERED PENNE con BROCCOLI with Ricotta and and GRILLED Mozzarella CHICKEN,in a Delicious mixed Meat with Sauce garlic and oil MOUSAKA: eggplant and braised chopped ACT meat IIV topped with bechamel sauce and baked CHOICE in the OF oven DESSERT: Assorted Danish, Apple Turnover, Assorted Pound Cake, Chocolate Pudding, Bread Pudding, Rice Pudding, Jello or Ice Cream TURKEY MEAT LOAF: with potato FIINALE and vegetable BAKED LASAGNA:CHOICE OF wide BEVERAGE:pasta layered Coffee, Tea, Fresh Brewed Decaf or Soda • No Substitutions with ricotta and mozzarella with a delicious meat sauce OUR NEW AND EXCITING MENU AVAILABLE 24 HOURS A DAY, OFFERS COCKTAILS, STEAKS, CHOPS, SEAFOOD, PASTA, POULTRY ACT IV - Choice of Dessert All Baking done on Premises • Private Parties Available 86-55 Queens Blvd. • Elmhurst • 718.651.9000 ANY OF OUR FRESH BAKED PIES OR CAKES (one block west of Queens Center Mall) LARGE FREE PARKING LOT FINALE - Choice of Beverage COFFEE • TEA • FRESH BREWED DECAF • SODA OUR NEW AND EXCITING MENU AVAILABLE 24 HOURS A DAY, OFFERS COCKTAILS, STEAKS, CHOPS, SEAFOOD, PASTA, POULTRY All Baking done on Premises • Private Parties Available 86-55 Queens Boulevard • Elmhurst • 718-651-9000 (one block west of Queens Center Mall) Large Free Parking Lot
SC03032016
To see the actual publication please follow the link above