Kevin G Faley

April 21, 2015 | New York Law Journal

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

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

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

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

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

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

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

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

December 11, 2013 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, discuss caselaw related to health clubs, gyms and other fitness centers, including the recent Court of Appeals holding on the use of automated external defibrillators, a health club's duty as a landowner, membership contracts and the assumption of risk doctrine.

By Andrea M. Alonso and Kevin G. Faley

14 minute read

August 01, 2012 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners at Morris Duffy Alonso & Faley, write that it appears as if the 'Kabir' decision has changed emergency vehicle litigation by encouraging emergency responders to act with the type of reckless disregard that the statute once used as a shield from liability for their municipal employers.

By Kevin G. Faley and Kenneth E. Pitcoff

10 minute read