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Kevin G. Faley

Kevin G. Faley

December 18, 2015 | New York Law Journal

Pope's New Rule on Annulment: Will the Law Keep Up?

Andrea M. Alonso and Kevin G. Faley of Morris Duffy Alonso & Faley explore the limited scope of a New York statute that requires spouses to remove religious barriers to remarriage prior to the grant of a civil divorce; how it is used to effectuate Jewish religious divorces; and why, as it is drafted, it cannot be similarly used to effectuate Catholic annulments.

By Andrea M. Alonso and Kevin G. Faley

13 minute read

December 17, 2015 | New York Law Journal

Pope's New Rule on Annulment: Will the Law Keep Up?

Andrea M. Alonso and Kevin G. Faley of Morris Duffy Alonso & Faley explore the limited scope of a New York statute that requires spouses to remove religious barriers to remarriage prior to the grant of a civil divorce; how it is used to effectuate Jewish religious divorces; and why, as it is drafted, it cannot be similarly used to effectuate Catholic annulments.

By Andrea M. Alonso and Kevin G. Faley

13 minute read

April 21, 2015 | New York Law Journal

Timing of Expert Disclosure Under CPLR 3101(d)

Kevin G. Faley and Andrea M. Alonso review relevant decisions to conclude that neither the First nor Second Department seems inclined to draw a "bright-line" rule on whether expert disclosure after the Note of Issue and Certificate of Readiness have been filed is considered untimely.

By Kevin G. Faley and Andrea M. Alonso

12 minute read

April 20, 2015 | New York Law Journal

Timing of Expert Disclosure Under CPLR 3101(d)

Kevin G. Faley and Andrea M. Alonso review relevant decisions to conclude that neither the First nor Second Department seems inclined to draw a "bright-line" rule on whether expert disclosure after the Note of Issue and Certificate of Readiness have been filed is considered untimely.

By Kevin G. Faley and Andrea M. Alonso

12 minute read

March 04, 2015 | New York Law Journal

Uber: Does New Ticket to Ride Carry Personal Risks?

Andrea M. Alonso and Kevin G. Faley write: A look at the numbers for Uber seem to paint the picture of a brilliant business model, with a customer base growing exponentially. But, are some Uber customers taking on increased personal risks by using the ride-sharing service as opposed to the heavily regulated yellow cabs of New York City?

By Andrea M. Alonso and Kevin G. Faley

13 minute read

March 03, 2015 | New York Law Journal

Uber: Does New Ticket to Ride Carry Personal Risks?

Andrea M. Alonso and Kevin G. Faley write: A look at the numbers for Uber seem to paint the picture of a brilliant business model, with a customer base growing exponentially. But, are some Uber customers taking on increased personal risks by using the ride-sharing service as opposed to the heavily regulated yellow cabs of New York City?

By Andrea M. Alonso and Kevin G. Faley

13 minute read

August 27, 2014 | New York Law Journal

Tort Liability When Bystanders Are in the 'Zone of Danger'

Kevin G. Faley and Andrea M. Alonso write that in New York, the general rule is that bystanders cannot assert a claim for negligent infliction of emotional distress. However, New York recognizes an exception to this principle: the "zone of danger" rule, which is commonly associated with automobile accidents, but has been applied in cases involving house fires, assaults and elevator accidents.

By Kevin G. Faley and Andrea M. Alonso

12 minute read

May 20, 2014 | New York Law Journal

Sun Glare and the Emergency Doctrine in Auto Cases

Kevin G. Faley and Andrea M. Alonso discuss the development of the emergency doctrine prior to the Court of Appeals holding in 'Lifson v. City of Syracuse,' the decision, and how courts are still applying the emergency charge in new and often unique situations.

By Kevin G. Faley and Andrea M. Alonso

12 minute read

March 13, 2014 | New York Law Journal

Dram Shop Update: Extent of Liability for Serving Liquor

Kevin G. Faley and Andrea M. Alonso, partners of Morris Duffy Alonso & Faley, write that recently, courts in New York have been limiting the extent of personal liability for injuries that result from another's intoxication, but upholding stricter rules on the public taverns and commercial establishments that serve alcohol.

By Kevin G. Faley and Andrea M. Alonso

13 minute read

January 21, 2014 | New York Law Journal

Conversion in the Electronic Age

Andrea M. Alonso and Kevin G. Faley, partners of Morris Duffy Alonso & Faley, write: The American legal system has struggled in applying obsolete concepts to modern legal dilemmas. An example of this is conversion, a theory of recovery which, until recently, substantiated our society's reluctance to either adapt antiquated claims to the 21st century or discard these archaic concepts to the ash heap of history. While recently some jurisdictions have recognized conversion's applicability to intangible property, others have been hesitant to adopt that approach.

By Andrea M. Alonso and Kevin G. Faley

13 minute read