Kevin G. Faley

July 21, 2022 | New York Law Journal

Recent applications of VTL §388 by New York courts have protected owners from liability where their vehicles are clearly used without their consent.

By Andrea M. Alonso and Kevin G. Faley

9 minute read

July 07, 2022 | New York Law Journal

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."

By Kevin G. Faley and Andrea M. Alonso

19 minute read

March 15, 2022 | New York Law Journal

This article takes look at several cases which address the issue of liability for sidewalk maintenance. The authors conclude that "the purpose underlying the enactment of the exemption in New York City Administrative Code §7-210 is to promote the safety of pedestrians making use of public walkways. Imposing a duty upon owners of real property to maintain the sidewalk abutting their property incentivizes the maintenance of sidewalks and creates safer walkways for pedestrians."

By Kevin G. Faley and Andrea M. Alonso

9 minute read

September 17, 2021 | New York Law Journal

Two recent cases in the First and Second Department examine landowner liability when criminal acts occur on their property. The courts took markedly different approaches in analyzing precedent and arriving at their holdings.

By Andrea M. Alonso and Kevin G. Faley

8 minute read

September 03, 2021 | New York Law Journal

Due to the nature of the profession, security guards and their employers are particularly vulnerable to potential civil liability for intentional torts, negligence, and civil rights violations.

By Andrea M. Alonso and Kevin G. Faley

10 minute read

August 24, 2021 | New York Law Journal

A landowner who fails to take minimal precautions to protect lawful guests and residents of its premise will be liable for injuries sustained as a result of the criminal conduct.

By Kevin G. Faley and Andrea M. Alonso

8 minute read

August 11, 2021 | New York Law Journal

While the "zone of danger" rule is often associated with automobile accidents, this article analyzes how the rule is applied in non-automobile situations.

By Kevin G. Faley and Andrea M. Alonso

9 minute read

February 26, 2021 | New York Law Journal

Eliminating ambiguity created in the First and Fourth Departments, the Second Department places the burden squarely on defendants for the exclusion of 'IME Watchdogs.'

By Andrea M. Alonso and Kevin G. Faley

9 minute read

February 23, 2021 | New York Law Journal

The 'Greene' decision is extraordinary in its narrow application. It results in the addition of grandparents to the "definition of immediate family" who may recover if they are in the zone of danger and witness the unspeakable horror of having a grandchild die before their eyes.

By Andrea M. Alonso and Kevin G. Faley

8 minute read

November 17, 2020 | New York Law Journal

Labor Law §240 was enacted in response to the Legislature's concern over unsafe conditions for employees who worked at height-related worksites. When assessing §240 claims in New York, parties should be aware that courts interpret the word "structure" liberally and that the word itself can manifest in a multitude of ways. This article highlights some surprising examples.

By Kevin G. Faley and Andrea M. Alonso

8 minute read