Kevin G. Faley

May 26, 2009 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, write that while the Federal Immigration Reform and Control Act was intended to curtail illegal immigration and the employment of illegal aliens, it remained undecided whether it should preempt the Labor Law and, ultimately, bar an illegal alien from receiving lost wages for injuries sustained on the job. With the question of illegal immigration unresolved on the national scale, the New York courts appear to have carved out their own rule.

By Andrea M. Alonso and Kevin G. Faley

11 minute read

April 08, 2011 | New York Law Journal

Kevin G. Faley and Kenneth E. Pitcoff, partners with Morris Duffy Alonso & Faley, write that the special relationship exception is a narrow one and the New York courts require a plaintiff to prove four elements to determine whether or not such relationship exists between the police and the injured person, the last of which, justifiable reliance on the municipality's affirmative undertaking to act on behalf of the injured party, has been the most difficult for a plaintiff to prove.

By Kevin G. Faley and Kenneth E. Pitcoff

13 minute read

December 27, 2010 | 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 automobile accident cases.

By Kevin G. Faley and Andrea M. Alonso

13 minute read

July 25, 2011 | New York Law Journal

Kevin G. Faley and Andrea M. Alonso, partners at Morris Duffy Alonso & Faley, write that the courts consider a broad range of factors in deciding when and what spoliation remedies are appropriate, and at the very least, there must be a duty to preserve evidence in order to sustain a spoliation claim and the court will then ask if the evidence is essential to the case and whether either party is prejudiced without it.

By Kevin G. Faley and Andrea M. Alonso

15 minute read

August 05, 2005 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, write that potential liability arises for assault and battery, which may occur during the course of attempting to stop or arrest a suspected shoplifter, and for subsequent false-imprisonment claims by the detainee. Liability, in exceptional circumstances, may also arise from the failure of a security guard to protect patrons.

By Andrea M. Alonso and Kevin G. Faley

11 minute read