Kenneth E Pitcoff

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

April 14, 2017 | New York Law Journal

Kenneth E. Pitcoff and Andrea M. Alonso write: On Dec. 22, the Court of Appeals decided two significant cases in the area of Municipal Law, further defining when a municipality is acting in its "proprietary capacity" and clarifying the burden of proof in determining "substantial prejudice" to a public corporation in a late notice of claim petition.

By Kenneth E. Pitcoff and Andrea M. Alonso

17 minute read

September 07, 2016 | New York Law Journal

Kenneth E. Pitcoff and Kevin G. Faley write: Some might be surprised to discover just how much protection is afforded to those who operate hazard vehicles, such as street sweepers and snowplows—even more than that provided to police vehicles and ambulances. Recently, courts have continued to expand protections for these hazard vehicles by broadening the interpretation of the "actually engaged in work" language and liberally interpreting what behavior should be considered reckless.

By Kenneth E. Pitcoff and Kevin G. Faley

21 minute read

July 15, 2016 | New York Law Journal

Kenneth E. Pitcoff and Andrea M. Alonso write that in 2011, the Court of Appeals drastically undercut the protection afforded to emergency responders under New York Vehicle and Traffic Law, holding that the "reckless disregard" liability standard only applied when emergency vehicle drivers were engaged in one of four categories of privileged conduct. Since then, appellate courts have greatly broadened the stringent 'Kabir' criteria in an attempt to fashion a realistic and workable model.

By Kenneth E. Pitcoff and Andrea M. Alonso

26 minute read

June 02, 2016 | New York Law Journal

Kenneth E. Pitcoff and Kevin G. Faley write that the U.S. Supreme Court in 1998 made clear that a sex discrimination claim is not barred because the plaintiff and the harasser are members of the same sex, and provided three routes that create inferences of discrimination "because of…sex" in such circumstances. Every circuit has determined that those routes are not exhaustive, but their analysis of the "because of…sex" and "severe and pervasive" requirements are diverse.

By Kenneth E. Pitcoff and Kevin G. Faley

22 minute read

August 01, 2012 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners at Morris Duffy Alonso & Faley, write that it appears as if the 'Kabir' decision has changed emergency vehicle litigation by encouraging emergency responders to act with the type of reckless disregard that the statute once used as a shield from liability for their municipal employers.

By Kevin G. Faley and Kenneth E. Pitcoff

10 minute read

December 13, 2011 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners at Morris Duffy Alonso & Faley, write: In any personal injury action, knowledge of applicable statutes and case law is crucial to competent handling of the matter. As more individuals look for ways to economize, bicycles are becoming a more popular mode of transportation. Bicyclists are subject to most of the same duties as motor vehicles, as well as many other statutory requirements, which could result in a jury charge of negligence per se against a cyclist.

By Kevin G. Faley and Kenneth E. Pitcoff

12 minute read

September 04, 2013 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners of Morris Duffy Alonso & Faley, write that in a post-'Kabir' world, emergency responders face a precedent that fosters perverse incentives. It encourages responders to violate the rules of the road in order to gain the higher burden of proof of reckless disregard, and denies the same protection to those who obey them. New bills aim to restore Vehicle and Traffic Law §1104's initial intent.

By Kevin G. Faley and Kenneth E. Pitcoff

9 minute read

September 03, 2010 | New York Law Journal

Morris Duffy Alonso & Faley partners Kevin G. Faley and Kenneth E. Pitcoff review motorcycle law, including insurance coverage, traffic regulations, passenger rules, limited use motorcycle classifications and other statutes that may come into play in a personal injury action.

By Kevin G. Faley and Kenneth E. Pitcoff

10 minute read

September 25, 2006 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners in Morris Duffy Alonso & Faley, write that approximately 85 percent of New York State is privately owned. Many outdoor recreationalists rely on the magnanimity of private landowners to meet their need for land use. Landowners are more likely to welcome these individuals onto their land if they are confident that they are protected from liability.

By Kevin G. Faley and Kenneth E. Pitcoff

9 minute read