By Everett Catts | December 6, 2023
Cook County, Illinois; California; New York City and South Carolina asbestos litigation ranked second through fifth.
By Emily Saul | January 17, 2023
Adam White was arrested for "criminal mischief" in November after removing the offending piece of plastic in Park Slope. He was later issued a Desk Appearance Ticket, and Brooklyn D.A. Eric Gonzalez declined to pursue the case.
New York Law Journal | Analysis
By Barry Kamins | December 5, 2022
This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic stop even where a police officer has probable cause to believe a traffic infraction was committed. In doing so, the court has held that the state Constitution provides broader protection than the federal Constitution with respect to pretextual traffic stops.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | November 23, 2022
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.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | October 12, 2022
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.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Kevin G. Faley | September 30, 2022
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.
New York Law Journal | Analysis
By Kenneth E. Pitcoff and Andrea M. Alonso | September 23, 2022
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.
New York Law Journal | Analysis
By Kevin G. Faley and Andrea M. Alonso | August 4, 2022
With car thefts becoming more prevalent, it is important for car owners in New York to be aware of the laws that dictate their possible liability in these situations.
New York Law Journal | Analysis
By Andrea M. Alonso and Kevin G. Faley | July 21, 2022
Recent applications of VTL §388 by New York courts have protected owners from liability where their vehicles are clearly used without their consent.
New York Law Journal | Analysis
By Kevin G. Faley and Andrea M. Alonso | July 7, 2022
Alternative vehicle use is rapidly increasing in the City. A violation of a state statute constitutes negligence per se, while a violation of a City rule is only "some evidence of negligence."
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