May 03, 2005 | New York Law Journal
Liability Exemptions for Emergency VehiclesAndrea M. Alonso and Kenneth E. Pitcoff, partners at Morris Duffy Alonso & Faley, write that The reasonableness of the operator of an emergeny vehicle's conduct must be gauged at the time and under the circumstances in which he acted, not in retrospect.
By Andrea M. Alonso and Kenneth E. Pitcoff
14 minute read
April 08, 2011 | New York Law Journal
Failure to Provide Police Protection and Special Relationship ExceptionKevin G. Faley and Kenneth E. Pitcoff, partners with Morris Duffy Alonso & Faley, write that the special relationship exception is a narrow one and the New York courts require a plaintiff to prove four elements to determine whether or not such relationship exists between the police and the injured person, the last of which, justifiable reliance on the municipality's affirmative undertaking to act on behalf of the injured party, has been the most difficult for a plaintiff to prove.
By Kevin G. Faley and Kenneth E. Pitcoff
13 minute read
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