September 03, 2021 | New York Law Journal
Security Guard Liability in New YorkDue to the nature of the profession, security guards and their employers are particularly vulnerable to potential civil liability for intentional torts, negligence, and civil rights violations.
By Andrea M. Alonso and Kevin G. Faley
10 minute read
August 30, 2021 | New York Law Journal
'Serious Injury' UpdateRecent cases are confirming a new trend in no-fault law involving serious injury claims under the significant disfigurement, fracture, significant limitation, gap in treatment, preexisting conditions/previous accidents, and 90/180-day categories. Courts are scrutinizing claims and are inclined to dispose of them when the plaintiffs fail to provide objective evidence in admissible form.
By Kenneth E. Pitcoff and Andrea M. Alonso
11 minute read
August 24, 2021 | New York Law Journal
Residential Landowner's Liability for Third-Party Criminal ActsA landowner who fails to take minimal precautions to protect lawful guests and residents of its premise will be liable for injuries sustained as a result of the criminal conduct.
By Kevin G. Faley and Andrea M. Alonso
8 minute read
August 11, 2021 | New York Law Journal
Understanding New York's 'Zone of Danger' Rule in Non-Automobile SituationsWhile the "zone of danger" rule is often associated with automobile accidents, this article analyzes how the rule is applied in non-automobile situations.
By Kevin G. Faley and Andrea M. Alonso
9 minute read
February 26, 2021 | New York Law Journal
Second Dept. Takes Charge: The Burden of Excluding Third-Party ObserversEliminating ambiguity created in the First and Fourth Departments, the Second Department places the burden squarely on defendants for the exclusion of 'IME Watchdogs.'
By Andrea M. Alonso and Kevin G. Faley
9 minute read
February 23, 2021 | New York Law Journal
'Greene': Court of Appeals Narrowly Expands Recovery for Emotional HarmThe 'Greene' decision is extraordinary in its narrow application. It results in the addition of grandparents to the "definition of immediate family" who may recover if they are in the zone of danger and witness the unspeakable horror of having a grandchild die before their eyes.
By Andrea M. Alonso and Kevin G. Faley
8 minute read
February 03, 2021 | New York Law Journal
Dram Shop Act: Boats, Motorcycles, ATVs and SnowmobilesNew York's Dram Shop Act makes it illegal for commercial vendors to serve alcohol to persons, who are "visibly intoxicated" or under the age of 21. The majority of cases arise when an intoxicated patron leaves the establishment in a car and causes an accident. Liability is not limited, however, to accidents involving cars but has been extended to include boats, motorcycles, ATVs, and snowmobiles.
By Kenneth E. Pitcoff and Andrea M. Alonso
6 minute read
January 21, 2021 | New York Law Journal
JFK Coming of Age in the American Century, 1917-1956In contrast with other Kennedy biographies which portrayed JFK as a dreamy, disorganized, underachiever, this book emphasizes the young Kennedy's obvious gifts. An intense curiosity, bookishness, a love of history and english along with intellectual creativity all distinguished him.
By Andrea M. Alonso
5 minute read
November 17, 2020 | New York Law Journal
NY Labor Law §240: What Is a 'Structure'?Labor Law §240 was enacted in response to the Legislature's concern over unsafe conditions for employees who worked at height-related worksites. When assessing §240 claims in New York, parties should be aware that courts interpret the word "structure" liberally and that the word itself can manifest in a multitude of ways. This article highlights some surprising examples.
By Kevin G. Faley and Andrea M. Alonso
8 minute read
October 14, 2020 | New York Law Journal
The Dram Shop Act: An UpdateDram Shop liability arises out of a vendor's duty to the public not to sell liquor to visibly intoxicated people, so while legislation seeks to shift some responsibility to alcohol providers, violations are often difficult to prove.
By Andrea M. Alonso and Kevin G. Faley
8 minute read
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