• Features

    Common-Area Risk Abatement: Who is Responsible?

    Janice G. Inman

    When customers, employees and others invited to or simply passing by a leased commercial property are injured, and want compensation, who will be on the hook for the costs of bodily injury and property damage — the landlord, the tenant, the maintenance and security contractor hired by them, or some combination of these?

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  • Features

    The Bankruptcy Code’s Inherent Limitations for Struggling Golf Courses

    Daniel A. Lev

    Part Two of a Two-Part Article

    As addressed in the first part of this article last month, addressing the problems confronting golf course owners seeking financial restructuring under Chapter 11, the ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount.

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  • Features

    Commercial Rent Control in New York: Back Again?

    David B. Saxe and Brett Dockwell

    As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.

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