Andrea M Alonso

September 15, 2020 | New York Law Journal

To recover damages for a person's death in New York State, there are two distinct causes of action: survivorship and wrongful death. Attorneys must be familiar with what is and is not recoverable under each.

By Kevin G. Faley and Andrea M. Alonso

8 minute read

July 23, 2020 | New York Law Journal

Following the murder of George Floyd, nationwide protests erupted, demanding the elimination of the qualified immunity doctrine. Although new legislation has been introduced to end the qualified immunity doctrine, legislatures should proceed with caution before eradicating the immunity.

By Kenneth E. Pitcoff and Andrea M. Alonso

8 minute read

January 23, 2020 | New York Law Journal

The question of when interest begins to run in a case where the jury has rendered a verdict in excess of the available policies of insurance is a complicated one.

By Andrea M. Alonso and Kevin G. Faley

7 minute read

December 23, 2019 | New York Law Journal

An offer of judgment is used to encourage settlements and protect parties willing to settle early in the litigation process. It is an extremely useful tool however there are important nuances to using this strategy successfully.

By Kenneth E. Pitcoff and Andrea M. Alonso

7 minute read

December 13, 2019 | New York Law Journal

There are numerous post-trial motions that one can utilize under the CPLR when faced with an unfavorable verdict.

By Andrea M. Alonso and Kevin G. Faley

11 minute read

November 21, 2019 | New York Law Journal

In this new era of personal injury "nuclear verdicts" that far exceed policy limits, insurance companies are searching for protection. The underutilized offer of a "high-low" agreement provides that protection.

By Andrea M. Alonso and Kevin G. Faley

7 minute read

October 24, 2019 | New York Law Journal

The rule of 'Rosa' and its progeny as interpreted by the trial courts is that mere medical pronouncement that injuries are causally related to the accident is not enough to create an issue of fact to defeat summary judgment.

By Andrea M. Alonso and Kenneth E. Pitcoff

4 minute read

May 10, 2019 | New York Law Journal

While the First Department has attempted to bring clarity to the issue by rendering its decision, the Second Department has yet to deliver a decision on the issue.

By Andrea M. Alonso and Kevin G. Faley

9 minute read

April 08, 2019 | New York Law Journal

The Third and Fourth Departments have begun to consider post-traumatic stress disorder (PTSD) as a 'serious injury' under Insurance Law §5102(d)'s definition of “significant limitation of use of a body function or system.” Currently, the First and Second Departments have not followed suit.

By Kenneth E. Pitcoff and Andrea M. Alonso

8 minute read

February 19, 2019 | New York Law Journal

As an attorney, Kamala Harris reminds us that we are a nation of laws and that we stand for the rule of law.

By Andrea M. Alonso

5 minute read