Kevin G Faley

December 13, 2011 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners at Morris Duffy Alonso & Faley, write: In any personal injury action, knowledge of applicable statutes and case law is crucial to competent handling of the matter. As more individuals look for ways to economize, bicycles are becoming a more popular mode of transportation. Bicyclists are subject to most of the same duties as motor vehicles, as well as many other statutory requirements, which could result in a jury charge of negligence per se against a cyclist.

By Kevin G. Faley and Kenneth E. Pitcoff

12 minute read

June 11, 2012 | 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 premises liability cases.

By Kevin G. Faley and Andrea M. Alonso

11 minute read

September 04, 2013 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners of Morris Duffy Alonso & Faley, write that in a post-'Kabir' world, emergency responders face a precedent that fosters perverse incentives. It encourages responders to violate the rules of the road in order to gain the higher burden of proof of reckless disregard, and denies the same protection to those who obey them. New bills aim to restore Vehicle and Traffic Law §1104's initial intent.

By Kevin G. Faley and Kenneth E. Pitcoff

9 minute read

October 27, 2005 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, review Insurance Law �3420(g), which protects insurance carriers from collusive spousal actions by holding that they are generally not obligated to defend or indemnify an insured from claims because of injuries to the spouse, a policy that has caused confusion in the courts and amongst automobile insurance holders.

By Andrea M. Alonso and Kevin G. Faley

10 minute read

September 03, 2010 | New York Law Journal

Morris Duffy Alonso & Faley partners Kevin G. Faley and Kenneth E. Pitcoff review motorcycle law, including insurance coverage, traffic regulations, passenger rules, limited use motorcycle classifications and other statutes that may come into play in a personal injury action.

By Kevin G. Faley and Kenneth E. Pitcoff

10 minute read

January 27, 2005 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners with Morris Duffy Alonso & Faley, write that thte Court of Appeals has adopted the "employability" standard rather than the "self-care" standard and defined permanent total disability as being "when the evidence establishes that the injured worker is no longer employable in any capacity."

By Andrea M. Alonso and Kevin G. Faley

12 minute read

December 04, 2009 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, write that the New York City Traffic Regulations run the gamut from basic prohibitions ("No person shall operate a vehicle in a manner that will endanger any person or property;" "No person shall sound the horn of a vehicle except when necessary to warn a person or animal of danger") to the enumeration of the 30-plus holidays on which street cleaning rules are suspended. It is important, they advise, that the practitioner in any automobile case scour the regulations to obtain a jury charge in her client's favor.

By Andrea M. Alonso and Kevin G. Faley

13 minute read

February 01, 2010 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, say that death cases in New York are frequently not evaluated properly by claims representatives and attorneys alike.

By Andrea M. Alonso And Kevin G. Faley

11 minute read

October 01, 2009 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, write that while courts are certainly protective of a worker's rights under the Labor Law, they have simultaneously recognized that owners and contractors are not insurers and cannot be held responsible for each and every injury suffered at a work site. The courts have resolved these two views, they say, by limiting the application of this safe workplace statute to only those hazards specifically contemplated by the statute and also by questioning the somewhat sacrosanct belief that workers cannot protect themselves from work-site dangers.

By Andrea M. Alonso and Kevin G. Faley

12 minute read

September 30, 2008 | New York Law Journal

Kevin G. Faley, a partner at Morris Duffy Alonso & Faley, and Anna J. Ervolina, a senior associate at the firm, write that an insurance company's decision to deny coverage to its insured is not generally favored by the courts. However two recent decisions from the Second Department signify a change in the willingness to validate an denial of coverage. In each case, the insurance company successfully enforced a carefully worded exclusion contained in its policy which left contractors without insurance for a construction accident.

By Kevin G. Faley and Anna J. Ervolina

11 minute read