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LJN Quarterly Update: 2024 Q2 Image

LJN Quarterly Update: 2024 Q2

Steve Salkin

The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

Features

NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance Image

NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance

Howard B. Epstein & Theodore A. Keyes

Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.

Features

A Prepackaged Bankruptcy Could Be the Answer to a Mortgage Default Image

A Prepackaged Bankruptcy Could Be the Answer to a Mortgage Default

Timothy Little, Scott Vetri, Julie Lee & Peter Siddiqui

This article discusses the value of prepackaged bankruptcy as an alternative route for addressing commercial mortgage defaults in high tax jurisdictions.

Features

NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks Image

NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks

Colleen Murphy

In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.

Features

Why Tenants Get Stuck in Bad Leases and How to Avoid It Image

Why Tenants Get Stuck in Bad Leases and How to Avoid It

Mark Foster

Tenants end up signing leases that offer little to no flexibility as their businesses expand and contract, setting the stage for economic and operational stress that could have been avoided with upfront planning and prudent lease negotiations.

Features

<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings Image

<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings

Marisa L. Byram

While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.

Features

Regulating Interior Landmarks: New York Court Says Duties Don't End Image

Regulating Interior Landmarks: New York Court Says Duties Don't End

Stewart Sterk

What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud

Features

Recreational Marijuana in New Jersey Image

Recreational Marijuana in New Jersey

Richard G. Lyons

<b><i>Real Estate and Other Issues Will Need Consideration</b></i><p>Given NJ Governor Phil Murphy's campaign pledge to legalize marijuana for recreational use in his first 100 days, the state is on the cusp of a major new revenue stream-recreational marijuana.

Features

What Retailers Can Learn from Recent Bankruptcies Image

What Retailers Can Learn from Recent Bankruptcies

Corali Lopez-Castro & Mindy Y. Kubs

Understanding the factors leading up to these bankruptcies, as well as the strategies used by retailers to emerge from bankruptcy, can give retailers significant knowledge about trends in consumer spending and how retailers can improve their overall positions going forward.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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