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NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks
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.
The state Supreme Court certified the question of whether owners of vacant commercial lots are liable to pedestrians injured by poorly maintained sidewalks abutting those lots. Associate Justice Fabiana Pierre-Louis penned the majority opinion for the court, finding the responsibility falls on the owners of these lots.
The dissent, penned by Associate Justice Lee A. Solomon, said that the majority purportedly relied on the principles of fairness to impose liability on the owner of a nonrevenue-generating lot and placed the burden on a commercial property owner with no means of addressing the resulting costs.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.