Kenneth E Pitcoff

September 30, 2024 | New York Law Journal

Using case law, the authors discuss the requirements bringing a lawsuit under Insurance Law §5102(d).

By Kenneth E. Pitcoff and Andrea M. Alonso

19 minute read

July 23, 2024 | New York Law Journal

As there has been a substantial increase in civil litigation concerning wrongful convictions, police officers and municipalities face potential liability for their involvement in the arrest and criminal prosecution of the wrongly accused. While wrongful conviction cases are incredibly nuanced, these cases are still highly defensible and there are a multitude of ways that police officers and municipalities can be defended against such claims.

By Kenneth E. Pitcoff and Frank H. Foster

8 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

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 31, 2023 | New York Law Journal

The Court of Appeals, in Maldovan v. County of Erie, reiterated that the burden necessary to defeat the absolute immunity of a municipality's agent under the "Special Duty Doctrine" is extremely high.

By Kenneth E. Pitcoff and Kevin G. Faley

10 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 12, 2022 | New York Law Journal

Whether the operator of an emergency vehicle has acted with reckless disregard is a fact specific inquiry, often involving a balancing of the nature of the emergency operation and the nature of the driver's conduct.

By Kenneth E. Pitcoff and Andrea M. Alonso

15 minute read

September 30, 2022 | New York Law Journal

Courts have offered considerably more protection to operators of hazard vehicles such as snowplows and street sweepers than is afforded to law enforcement vehicles and ambulances under VTL §1104.

By Kenneth E. Pitcoff and Kevin G. Faley

16 minute read

September 23, 2022 | New York Law Journal

New York State Vehicle and Traffic Law offers a carve-out provision which provides that the driver of an emergency vehicle who causes an injury will be held to a recklessness standard of negligence, which is a much higher burden for a plaintiff. This article discusses the details of the law along with several cases dealing with the issue.

By Kenneth E. Pitcoff and Andrea M. Alonso

12 minute read