Kevin G. Faley

December 02, 2024 | New York Law Journal

Andrea M. Alonso and Kevin G. Faley use case law to discuss the issue of spoliation—“an issue that courts have long struggled with.”

By Andrea M. Alonso and Kevin G. Faley

11 minute read

November 21, 2024 | New York Law Journal

The author states "An employee’s right to compensation under New York’s Workers’ Compensation law is the sole remedy available against their employer for work-related injuries. An employee may have more than one employer for purposes of workers' compensation – a general employer and a special employer. The general employer is the employee’s primary employer and is responsible for hiring and providing wages and benefits."

By Kevin G. Faley and Andrea M. Alonso

10 minute read

September 16, 2024 | New York Law Journal

When an injury occurs on or as a result of a permanent staircase, there is a marked split in the case law of the First and Second Appellate Departments, who have reached starkly different conclusions on the issue of whether a permanent stairway is an elevated work platform or safety device protected under §240(1).

By Kevin G. Faley and Andrea M. Alonso

7 minute read

September 14, 2023 | New York Law Journal

The Espinal doctrine is a useful tool for defendants to limit their liability to third parties. Here, Kevin Faley and Andrea Alonso discuss cases that demonstrate the Espinal exceptions and how the courts interpret this doctrine.

By Kevin G. Faley and Andrea M. Alonso

9 minute read

August 21, 2023 | New York Law Journal

This article discusses the courts' increasing reliance on video surveillance for deciding motions, especially for those where the emergency doctrine was raised, and details several cases where video surveillance was used as key evidence.

By Andrea M. Alonso and Kevin G. Faley

8 minute read

August 07, 2023 | New York Law Journal

A discussion of Section 118-A of the Worker's Compensation law which went into effect on Dec. 30, 2022 and eliminates the collateral estoppel effect of a Workers' Compensation board decision in any other action involving the same subject matter that has a prior determination from an administrative board.

By Kevin G. Faley and Andrea M. Alonso

8 minute read

March 31, 2023 | New York Law Journal

The Court of Appeals, in Maldovan v. County of Erie, reiterated that the burden necessary to defeat the absolute immunity of a municipality's agent under the "Special Duty Doctrine" is extremely high.

By Kenneth E. Pitcoff and Kevin G. Faley

10 minute read

October 26, 2022 | New York Law Journal

This article provides a discussion of special arbitration agreements which are "not well known and sorely underutilized by insurance carriers." The authors highlight the benefits of special arbitration: "Settling underlying claims and resolving disputed liability or coverage disputes through the special arbitration forums is enormously beneficial to member companies. It reduces litigation costs, including attorney fees, through faster closings."

By Andrea M. Alonso and Kevin G. Faley

6 minute read

September 30, 2022 | New York Law Journal

Courts have offered considerably more protection to operators of hazard vehicles such as snowplows and street sweepers than is afforded to law enforcement vehicles and ambulances under VTL §1104.

By Kenneth E. Pitcoff and Kevin G. Faley

16 minute read

September 06, 2022 | New York Law Journal

The Grieving Families Act would allow recovery for grief and anguish as well as loss of love, society, protection, comfort, companionship and consortium in addition to the previously recoverable damages for loss of nurture, guidance or education; reasonable funeral expenses; reasonable expenses for medical care and treatment prior to death; and pecuniary injuries due to loss of services, support and inheritance.

By Kevin G. Faley and Andrea M. Alonso

7 minute read