Andrea M Alonso

September 16, 2024 | New York Law Journal

When an injury occurs on or as a result of a permanent staircase, there is a marked split in the case law of the First and Second Appellate Departments, who have reached starkly different conclusions on the issue of whether a permanent stairway is an elevated work platform or safety device protected under §240(1).

By Kevin G. Faley and Andrea M. Alonso

7 minute read

August 16, 2024 | New York Law Journal

While often involving negligent actors, liability under the Dram Shop Act can extend to intentional, and even criminal, acts. The most critical factor in establishing Dram Shop liability in these instances is establishing a reasonable or practical causal connection between the act and the intoxication.

By Robert S. Whitbeck and Andrea M. Alonso

5 minute read

September 14, 2023 | New York Law Journal

The Espinal doctrine is a useful tool for defendants to limit their liability to third parties. Here, Kevin Faley and Andrea Alonso discuss cases that demonstrate the Espinal exceptions and how the courts interpret this doctrine.

By Kevin G. Faley and Andrea M. Alonso

9 minute read

August 30, 2023 | New York Law Journal

This article addresses how recent cases have shown that the courts may be eroding the strict interpretation of governmental liability in government-owned parks.

By Kenneth E. Pitcoff and Andrea M. Alonso

9 minute read

August 21, 2023 | New York Law Journal

This article discusses the courts' increasing reliance on video surveillance for deciding motions, especially for those where the emergency doctrine was raised, and details several cases where video surveillance was used as key evidence.

By Andrea M. Alonso and Kevin G. Faley

8 minute read

August 07, 2023 | New York Law Journal

A discussion of Section 118-A of the Worker's Compensation law which went into effect on Dec. 30, 2022 and eliminates the collateral estoppel effect of a Workers' Compensation board decision in any other action involving the same subject matter that has a prior determination from an administrative board.

By Kevin G. Faley and Andrea M. Alonso

8 minute read

July 18, 2023 | New York Law Journal

The protection afforded to municipalities by prior written notice statutes continues to grow. It is clear from recent court rulings, discussed in this article, that expansion of this governmental immunity is the judicial trend.

By Kenneth E. Pitcoff and Andrea M. Alonso

9 minute read

March 10, 2023 | New York Law Journal

The key word in any application of the 'assumption of risk' doctrine is the term "inherent." This article discusses how the Second Department's latest interpretation of inherency narrows the application of the doctrine.

By Kenneth E. Pitcoff and Andrea M. Alonso

10 minute read

November 23, 2022 | New York Law Journal

Under the VTL, drivers of hazard vehicles engaged in work on highways will not be held liable for injuries caused by their negligence. This article uses case law to discuss how courts in New York analyze negligence cases involving drivers of hazard vehicles engaged in work on highways. Court must determine the proper standard to use and burden of proof to be established when hearing these cases.

By Kenneth E. Pitcoff and Andrea M. Alonso

14 minute read

October 26, 2022 | New York Law Journal

This article provides a discussion of special arbitration agreements which are "not well known and sorely underutilized by insurance carriers." The authors highlight the benefits of special arbitration: "Settling underlying claims and resolving disputed liability or coverage disputes through the special arbitration forums is enormously beneficial to member companies. It reduces litigation costs, including attorney fees, through faster closings."

By Andrea M. Alonso and Kevin G. Faley

6 minute read