Andrea M. Alonso

March 10, 2023 | New York Law Journal

The key word in any application of the 'assumption of risk' doctrine is the term "inherent." This article discusses how the Second Department's latest interpretation of inherency narrows the application of the doctrine.

By Kenneth E. Pitcoff and Andrea M. Alonso

10 minute read

November 23, 2022 | New York Law Journal

Under the VTL, drivers of hazard vehicles engaged in work on highways will not be held liable for injuries caused by their negligence. This article uses case law to discuss how courts in New York analyze negligence cases involving drivers of hazard vehicles engaged in work on highways. Court must determine the proper standard to use and burden of proof to be established when hearing these cases.

By Kenneth E. Pitcoff and Andrea M. Alonso

14 minute read

October 26, 2022 | New York Law Journal

This article provides a discussion of special arbitration agreements which are "not well known and sorely underutilized by insurance carriers." The authors highlight the benefits of special arbitration: "Settling underlying claims and resolving disputed liability or coverage disputes through the special arbitration forums is enormously beneficial to member companies. It reduces litigation costs, including attorney fees, through faster closings."

By Andrea M. Alonso and Kevin G. Faley

6 minute read

October 12, 2022 | New York Law Journal

Whether the operator of an emergency vehicle has acted with reckless disregard is a fact specific inquiry, often involving a balancing of the nature of the emergency operation and the nature of the driver's conduct.

By Kenneth E. Pitcoff and Andrea M. Alonso

15 minute read

September 23, 2022 | New York Law Journal

New York State Vehicle and Traffic Law offers a carve-out provision which provides that the driver of an emergency vehicle who causes an injury will be held to a recklessness standard of negligence, which is a much higher burden for a plaintiff. This article discusses the details of the law along with several cases dealing with the issue.

By Kenneth E. Pitcoff and Andrea M. Alonso

12 minute read

September 06, 2022 | New York Law Journal

The Grieving Families Act would allow recovery for grief and anguish as well as loss of love, society, protection, comfort, companionship and consortium in addition to the previously recoverable damages for loss of nurture, guidance or education; reasonable funeral expenses; reasonable expenses for medical care and treatment prior to death; and pecuniary injuries due to loss of services, support and inheritance.

By Kevin G. Faley and Andrea M. Alonso

7 minute read

August 04, 2022 | New York Law Journal

With car thefts becoming more prevalent, it is important for car owners in New York to be aware of the laws that dictate their possible liability in these situations.

By Kevin G. Faley and Andrea M. Alonso

10 minute read

July 21, 2022 | New York Law Journal

Recent applications of VTL §388 by New York courts have protected owners from liability where their vehicles are clearly used without their consent.

By Andrea M. Alonso and Kevin G. Faley

9 minute read

July 07, 2022 | New York Law Journal

Alternative vehicle use is rapidly increasing in the City. A violation of a state statute constitutes negligence per se, while a violation of a City rule is only "some evidence of negligence."

By Kevin G. Faley and Andrea M. Alonso

19 minute read

March 17, 2022 | New York Law Journal

This fascinating book brings to light the incredible journey of Constance Baker Motley, an underappreciated pioneer and advocate for social justice.

By Andrea M. Alonso

6 minute read