Kevin G. Faley

October 14, 2020 | New York Law Journal

Dram Shop liability arises out of a vendor's duty to the public not to sell liquor to visibly intoxicated people, so while legislation seeks to shift some responsibility to alcohol providers, violations are often difficult to prove.

By Andrea M. Alonso and Kevin G. Faley

8 minute read

September 15, 2020 | New York Law Journal

To recover damages for a person's death in New York State, there are two distinct causes of action: survivorship and wrongful death. Attorneys must be familiar with what is and is not recoverable under each.

By Kevin G. Faley and Andrea M. Alonso

8 minute read

January 23, 2020 | New York Law Journal

The question of when interest begins to run in a case where the jury has rendered a verdict in excess of the available policies of insurance is a complicated one.

By Andrea M. Alonso and Kevin G. Faley

7 minute read

December 13, 2019 | New York Law Journal

There are numerous post-trial motions that one can utilize under the CPLR when faced with an unfavorable verdict.

By Andrea M. Alonso and Kevin G. Faley

11 minute read

November 21, 2019 | New York Law Journal

In this new era of personal injury "nuclear verdicts" that far exceed policy limits, insurance companies are searching for protection. The underutilized offer of a "high-low" agreement provides that protection.

By Andrea M. Alonso and Kevin G. Faley

7 minute read

June 10, 2019 | New York Law Journal

The high court continues to expand the coverage of N.Y. Gen. Mun. Law §50-e(4), and give protection to municipal entities throughout the state.

By Kenneth E. Pitcoff and Kevin G. Faley

7 minute read

May 10, 2019 | New York Law Journal

While the First Department has attempted to bring clarity to the issue by rendering its decision, the Second Department has yet to deliver a decision on the issue.

By Andrea M. Alonso and Kevin G. Faley

9 minute read

November 21, 2018 | New York Law Journal

A pending personal injury action is considered an asset for purposes of a Chapter 7 bankruptcy proceeding. Failure to disclose such action in a bankruptcy proceeding can result in dismissal of the personal injury claim. It is crucial to ask about any bankruptcy proceedings at personal injury depositions.

By Kevin G. Faley and Andrea M. Alonso

7 minute read

December 27, 2017 | New York Law Journal

Kevin G. Faley and Lina C. Rossillo write: In many personal injury cases, the award of damages often centers on the jury's calculation of loss of future earnings. Loss of future earnings is awarded where the jury finds that a plaintiff has suffered a reduction in his or her ability to earn money as a result of an injury.

By Kevin G. Faley and Lina C. Rossillo

8 minute read

October 27, 2017 | New York Law Journal

In this Outside Counsel article, Andrea M. Alonso and Kevin G. Faley write: Plaintiff attorneys have recently resorted to hiring an outside person to sit in on IMEs. Either called “patient advocates” or “watchdogs,” these groups have caused the courts to re-address the rules governing these exams.

By Andrea M. Alonso and Kevin G. Faley

17 minute read