Kevin G. Faley

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

February 22, 2010 | New York Law Journal

Kevin G. Faley, a partner with Morris Duffy Alonso & Faley, writes: "Over the years, the Court of Appeals and the appellate divisions have dealt with thousands of claims invoking the protection of Labor Law §240(1). As the courts examine these very fact-driven cases against the backdrop of this well-worn statute, they have created not a bright line rule on what is or is not a 240(1) claim, but rather a line of varying shades of gray."

By Kevin G. Faley

13 minute read

June 09, 2010 | New York Law Journal

Kevin G. Faley and Andrea M. Alonso, partners at Morris Duffy Alonso & Faley, write that no court has developed a set formula to ascertain whether or not an activity is protected under the Labor Law. The consensus both from the Court of Appeals and the Appellate Divisions, they say, is that inspections are not protected if merely incidental to a protected activity.

By Kevin G. Faley and Andrea M. Alonso

14 minute read

September 25, 2006 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners in Morris Duffy Alonso & Faley, write that approximately 85 percent of New York State is privately owned. Many outdoor recreationalists rely on the magnanimity of private landowners to meet their need for land use. Landowners are more likely to welcome these individuals onto their land if they are confident that they are protected from liability.

By Kevin G. Faley and Kenneth E. Pitcoff

9 minute read

July 24, 2009 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, discuss the recalcitrant worker defense, one of the few defenses available to owners and general contractors when a worker has been injured in a gravity-related accident. In the past, this affirmative defense required a defendant to prove that the injured worker refused to use an available safety device after being specifically and immediately instructed to do so and that this refusal proximately caused the accident. In a recent line of cases, however, courts across New York State have begun to broaden the applicability of this defense, holding workers responsible, at least to a certain extent, for their own safety.

By Andrea M. Alonso and Kevin G. Faley

12 minute read

March 24, 2008 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners in the firm of Morris Duffy Alonso & Faley, write that several bills are currently before the New York State Assembly that propose enlarging the benefits of CPLR Article 16 as it relates to public entities. Essentially, the statute holds a defendant responsible only for its actual share of damages if its degree of culpability was found by the jury to be 50 percent or less.

By Kevin G. Faley and Kenneth E. Pitcoff

6 minute read

March 17, 2005 | New York Law Journal

Kevin G. Faley and Richard J. Gallo, partners in Morris Duffy Alonso & Faley, write that contrary to the pervasive belief in the underwriting community, it is actually difficult to hold owners of public establishments liable for unanticipated assaults among patrons that occur on their premises. The liability for such incidents is quite circumscribed in New York.

By Kevin G. Faley And Richard J. Gallo

11 minute read

September 24, 2004 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners in Morris Duffy Alonso & Faley, write that employer funding of New York's Workers' Compensation system was intended to limit recovery for an injured employee to Workers' Compensation benefits. But the purpose of the system is sometimes evaded through impleader actions wherein employers were sued as third-party defendants.

By Andrea M. Alonso And Kevin G. Faley

11 minute read

September 07, 2010 | New York Law Journal

Morris Duffy Alonso & Faley partner Kevin G. Faley writes that in BP, the Court of Appeals offered a liberal interpretation of the obligations of an additional insured carrier and also put a related issue raised by Pecker to rest. A year later, in the Worth case, the Court placed restrictions on BP's reach. Now, in Regal, the Court provides a refresher on what triggers additional insurance coverage.

By Kevin G. Faley

15 minute read