Kenneth E Pitcoff

March 24, 2008 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners in the firm of Morris Duffy Alonso & Faley, write that several bills are currently before the New York State Assembly that propose enlarging the benefits of CPLR Article 16 as it relates to public entities. Essentially, the statute holds a defendant responsible only for its actual share of damages if its degree of culpability was found by the jury to be 50 percent or less.

By Kevin G. Faley and Kenneth E. Pitcoff

6 minute read

May 03, 2005 | New York Law Journal

Andrea 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

Kevin 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