Andrea M Alonso

March 06, 2007 | New York Law Journal

Andrea M. Alonso and Kenneth Pitcoff, partners at Morris Duffy Alonso & Faley, write that the First and Second departments have recently narrowed the "creation exemption" to the Prior Written Notice Statute as it applies to roadwork to require proof that the alleged negligent prior repair immediately resulted in the existence of a dangerous condition.

By Andrea M. Alonso and Kenneth Pitcoff

10 minute read

September 24, 2004 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners in Morris Duffy Alonso & Faley, write that employer funding of New York's Workers' Compensation system was intended to limit recovery for an injured employee to Workers' Compensation benefits. But the purpose of the system is sometimes evaded through impleader actions wherein employers were sued as third-party defendants.

By Andrea M. Alonso And Kevin G. Faley

11 minute read

May 26, 2009 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, write that while the Federal Immigration Reform and Control Act was intended to curtail illegal immigration and the employment of illegal aliens, it remained undecided whether it should preempt the Labor Law and, ultimately, bar an illegal alien from receiving lost wages for injuries sustained on the job. With the question of illegal immigration unresolved on the national scale, the New York courts appear to have carved out their own rule.

By Andrea M. Alonso and Kevin G. Faley

11 minute read

December 27, 2010 | New York Law Journal

Kevin G. Faley and Andrea M. Alonso, partners at Morris Duffy Alonso & Faley, write that given the breadth of scenarios covered by the PJI, there is likely to be a relevant charge in most automobile accident cases.

By Kevin G. Faley and Andrea M. Alonso

13 minute read

July 25, 2011 | New York Law Journal

Kevin G. Faley and Andrea M. Alonso, partners at Morris Duffy Alonso & Faley, write that the courts consider a broad range of factors in deciding when and what spoliation remedies are appropriate, and at the very least, there must be a duty to preserve evidence in order to sustain a spoliation claim and the court will then ask if the evidence is essential to the case and whether either party is prejudiced without it.

By Kevin G. Faley and Andrea M. Alonso

15 minute read

August 05, 2005 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, write that potential liability arises for assault and battery, which may occur during the course of attempting to stop or arrest a suspected shoplifter, and for subsequent false-imprisonment claims by the detainee. Liability, in exceptional circumstances, may also arise from the failure of a security guard to protect patrons.

By Andrea M. Alonso and Kevin G. Faley

11 minute read