Kenneth E Pitcoff

February 03, 2021 | New York Law Journal

New 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

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

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

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

June 10, 2019 | New York Law Journal

The high court continues to expand the coverage of N.Y. Gen. Mun. Law §50-e(4), and give protection to municipal entities throughout the state.

By Kenneth E. Pitcoff and Kevin G. Faley

7 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

November 29, 2018 | New York Law Journal

'Ruiz v. City of New York' demonstrates that failure to submit record evidence to show that a municipality had actual knowledge is fatal.

By Kenneth E. Pitcoff and Andrea M. Alonso

8 minute read

November 28, 2017 | New York Law Journal

Kenneth E. Pitcoff and Andrea M. Alonso write: Municipal cases that attract the attention of the public and the press are fraught with potential problems which, if not dealt with properly, can seriously increase the value of these cases.

By Kenneth E. Pitcoff and Andrea M. Alonso

9 minute read

October 02, 2017 | New York Law Journal

Andrea M. Alonso and Kenneth E. Pitcoff writes: The Court of Appeals has not revisited the area of the determination of what constitutes a "serious injury" as defined in Insurance Law §5102(d) since 2011, but some noteworthy cases have been handed down by the Appellate Divisions clarifying the definition of "serious injury."

By Andrea M. Alonso and Kenneth E. Pitcoff

6 minute read

June 13, 2017 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff write that the Court of Appeals has recognized only two exceptions to the statutory requirement of prior written notice of roadway and sidewalk defects, the first of which is where the locality created the defect through an affirmative act of negligence, which is limited to work that immediately results in a dangerous condition. Two recent cases clarified what is necessary to defeat a claim of immediate creation of a dangerous condition.

By Kevin G. Faley and Kenneth E. Pitcoff

7 minute read