KEVIN G. FALEY became associated with Morris Duffy Alonso Faley & Pitcoff in September 1987 and became a partner in 1994. Mr. Faley concentrates in litigation and trial work with an emphasis in construction litigation. He has tried cases in all of the counties of New York City, Long Island and the northern suburbs and has also tried cases in New Jersey. Mr. Faley has published legal articles in The New York Law Journal, The ABA Journal, The Brief, Sky Lines, The Defense Research Institute Journal, The Cornerstone, The Torts Insurance and Compensation Journal of the New York State Bar and The Defendant. He is a frequent lecturer on Insurance Defense topics at Insurance Companies, Bar Associations, Claims Associations and The Defense Association of New York. PRIOR EXPERIENCE - Assistant District Attorney for Nassau County (1984-1987)
AWARDS Mr. Faley was selected to the 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022 Super Lawyers list for excellence in insurance defense. Each year no more than 5% of the lawyers in the state are selected to receive this honor. Mr. Faley has received a rating of AV Preeminent 5 out 5, the highest peer review rating available from Martindale-Hubbel. This peer review is a reflection of both the respect that he has garnered from the professional community and his commitment to providing excellent legal counsel in his specific area of expertise: insurance defense. PUBLICATIONS Video Evidence and the Emergency Doctrine
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal-August 21, 2023 Collateral Estoppel and its Effect on Worker's Compensation
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal-August 7, 2023 Maldovan: Court of Appeals Declines to Expand Government Liability
By Kenneth E. Pitcoff and Kevin G. Faley
New York Law Journal-March 31, 2023 Closing Cases Through Intercompany Arbitration
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal-October 26, 2022
Qualified Immunity: Hazard Vehicles Working on a Highway
By Kenneth E. Pitcoff and Kevin G. Faley
New York Law Journal-September 30, 2022
Proposed Grieving Families Statute Could Have Enormous Impact
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal-September 6, 2022 The Key in Ignition Rule: Leaving Your Car Unattended Under VTL 1210(a)
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal-August 2022
Shifting Gears: Updating New York VTL 388 and Restoring Protection for Vehicle Owners
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal-July 2022
Alternative Vehicles: What is Legal and What is Not?
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal-July 2022
Sidewalk Update: New York City Administrative Code 7-210
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal-March 2022
Premeditated Criminal Acts and Landowner Liability
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal -September 2021
Security Guard Liability in New York
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal -September 2021
Residential Landowner's Liability for Third Party Criminal Acts
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal -August 21, 2021
Understanding New York's "Zone of Danger" Rule in Non-Automobile Situations
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal -August 11, 2021 Second Dept. Takes Charge: The Burden of Excluding Third-Party Observers
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal -February 26, 2021
‘Greene’: Court of Appeals Narrowly Expands Recovery for Emotional Harm
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal - February 23, 2021
NY Labor Law §240: What Is a ‘Structure’?
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – November 17, 2020
The Virtual Jury Trial: Concerns and Considerations in Conducting Remote Trials
By Kevin G. Faley and Robert S. Whitbeck
Federation of Defense and Corporation Counsel Newsletter -November 6, 2020
Snow and Ice Cases: Storm in Progress Doctrine
By Kevin G. Faley and Andrea M. Alonso
The Journal of the Defense Association of New York – November 2020
The Dram Shop Act: An Update
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – October 24, 2020
Damages for Wrongful Death and Survivorship: Two Distinct Causes of Action
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – September 15, 2020
Going Where Experts Can't: Viability and Admissibility Issues for Firms and Experts Relying Upon Drone-Obtained Evidence
By Kevin G. Faley and Robert S. Whitbeck
Federation of Defense and Corporation Counsel Newsletter-March 2020
Interest and Excess Verdicts
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – January 23, 2020
A Jury Verdict” Now What?”
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – December 13, 2019
‘High -Low’ Settlements: Insurance Against Bad Faith Claims
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – November 21, 2019
NY Court of Appeals Continues to Expand Prior Written Notice Protections for Municipalities
By Kenneth E. Pitcoff and Kevin G. Faley
New York Law Journal – June 10, 2019
Back to the Future” Stunning Reversal in IME “Watchdogs” Case Leaves Obscurity in Discovery Demands
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – May 10, 2019
The Intersect of Bankruptcy and Personal Injury
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – November 21, 2018
The Application of Labor Law §240(1) to Accidents Involving Ramps
By Kevin G. Faley and Lina C. Rossillo
Calculating Loss of Future Earnings
By Kevin G. Faley and Lina C. Rossillo
The Role of Patient Advocates at an Independent Medical Examination
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – October 27, 2017
Update on ‘Serious Injury’
By Andrea M. Alonso and Kenneth E. Pitcoff
New York Law Journal – October 2, 2017
Capacity of Infants to Testify
By Andrea M. Alonso and Kevin G. Faley,
New York Law Journal – September 7, 2017
Consent, I Presume? VTL § 388 and Permissive Use
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – August 8, 2017
Settlement Techniques High-Low Agreements
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – July 26, 2017
The ‘Creation Exception’ to the Pothole Law: Difficult to Prove
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – June 13, 2017
The Elevation of the Expert
By: Andrea M. Alonso and Kevin G. Faley
New York Law Journal – May 25, 2017
Traumatic Brain Injury as a 'Grave Injury': An Examination of 'Rubeis' and Its Progeny
By: Kevin G. Faley and Christopher R. Invidiata
New York Law Journal – March 31, 2017
Hazard Vehicles: When Does Reckless Disregard Standard Apply?
By Kenneth E. Pitcoff and Kevin G. Faley
New York Law Journal – September 7, 2016
When Same-Sex Harassment Creates a Hostile Work Environment
By Kenneth E. Pitcoff and Kevin G. Faley
New York Law Journal – June 2, 2016
Insurance Claims Files: How Privileged Are They?
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – April 29, 2016
Proper Objections at a Personal Injury Deposition
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – March 21, 2016
Priority of Insurance in Construction Accidents
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – February 18, 2016
Pope's New Rule on Annulment: Will the Law Keep Up?
By Andrea M. Alonso & Kevin G. Faley
New York Law Journal - December 18, 2015
Timing of Expert Disclosure Under CPLR 3101(d)
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – April 21, 2015
Uber: Does New Ticket to Ride Carry Personal Risks?
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – March 4, 2015
The Missing Witness Charge: A Powerful Tool for Trial
By Kevin G. Faley and Rebecca Rosedale
Defendant – Winter 2015 – Vol. 15 – No.2
10 Timeless Rules for a Defense Practice
By Kevin G. Faley and Andrea Alonso
Defendant – Winter 2015 – Vol. 15 – No.2
The Erosion of the 'One Bite' Rule
By Kevin G. Faley
NYSBA Torts, Insurance & Compensation Law Section Journal – Fall 2014 – Vol. 43 – No.1
Tort Liability When Bystanders Are in the ‘Zone of Danger’
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – August 27, 2014
Sun Glare and the Emergency Doctrine in Auto Cases
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – May 20, 2014
Tort Liability When Bystanders Are in the ‘Zone of Danger’
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – August 27, 2014
Sun Glare and the Emergency Doctrine in Auto Cases
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – May 20, 2014
Dram Shop Update: Extent of Liability for Serving Liquor
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – March 13, 2014
Conversion in the Electronic Age
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – January 21, 2014
Health Club Liability: Work Out The Law Before You Get Physical
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – December 11, 2013
‘Kabir’ Update: ‘Worst Fears’ Realized Prompts Proposed Amendments
By Kevin G. Faley and Kenneth E. Pitcoff
New York Law Journal – September 4, 2013
‘Kabir’ and Its Progeny: A Reckless Disregard for Common Sense
By Kevin G. Faley and Kenneth E. Pitcoff
New York Law Journal – August 1, 2012
Pattern Jury Instructions and Premises Liability
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – June 11, 2012
Car vs. Bike: Rules of the Road
By Kevin G. Faley and Kenneth E. Pitcoff
New York Law Journal – December 13, 2011
Court of Appeals Holds That Conditions Involving Snow or Ice Need Not Be Immediately Created in Order to Hold a Municipality Liable Under the Affirmative Creation Exception to the Prior Written Notice Rule
By Kevin G. Faley and Kenneth E. Pitcoff
NYSBA Torts, Insurance & Compensation Law Section Journal – Winter 2011 – Vol. 40 – No.2
Spoliation of Evidence: Considerations and Remedies
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – July 25, 2011
Failure to Provide Police Protection and Special Relationship Exception
By Kevin G. Faley and Kenneth E. Pitcoff
New York Law Journal – April 8, 2011
Pattern Jury Instructions and Automobile Accidents
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – December 27, 2010
State High Court Tweaks Additional Insurance Coverage
By Kevin G. Faley
New York Law Journal – September 7, 2010
Motorcycle Litigation: No Easy Ride
By Kevin G. Faley and Kenneth E. Pitcoff
New York Law Journal – September 3, 2010
Classifying and Expanding Protected Activities Under Labor Law 240(1)
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – June 9, 2010
The Gravity of the Labor Law
By Kevin G. Faley
New York Law Journal – February 22, 2010
Recovering Damages for Death: Two Separate Causes of Action
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – February 1, 2010 New York City Traffic Regulations As ‘Some Evidence’ of Negligence
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – 2009
Tightening the Labor Law: Falling Objects and § 240(1)
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – October 1, 2009
Broadening of the Recalcitrant Worker Defense in Labor Law Actions
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – July 24, 2009
Wage Recovery for Illegal Aliens in New York Under the Labor Law
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – May 26, 2009
Marked Ready for Trial: An Insurance Professional’s Guide to Pre-Trial Preparation
By Andrea M. Alonso and Kevin G. Faley
Claims – November 2006
The Effect of Spousal Immunity on Car Insurance Coverage
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – October 27, 2005
Security Guard Liability
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – August 5, 2005
The Erosion of the “Integral and Necessary” Standard Under the Labor Law
By Kevin G. Faley and Andrea M. Alonso
Defendant – Spring 2005
“Close Those Files or Else!” The Need for Case Resolution Planning
By Kevin G. Faley and Andrea M. Alonso
The Brief – Spring 2005
Postscript: Head Injuries, and Workers’ Compensation Law After ‘Rubeis’
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – January 27, 2005
Head Injuries and Workers’ Compensation Law
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – September 24, 2004
The State of Dram Shop Liability in New York
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – March 18, 2004
The Extent of Personal Liability for Serving Liquor in New York
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – December 24, 2003
Parental Liability for the Negligent Acts of Their Children
By Andrea M. Alonso and Kevin G. Faley
New York Law Journal – November 19, 2003
The Dram Shop Act and The Visible Intoxication Standard
By Kevin G. Faley and Andrea M. Alonso
Torts, Insurance & Compensation Law Section Journal – Volume 29, No.1,Winter 2000
The Changing Insurance Defense Climate – Law Firm Survival
By Andrea M. Alonso and Kevin G. Faley
For the Defense – August 2000
A Claims Professional’s Bill of Rights
By Andrea M. Alonso and Kevin G. Faley
Claims – November 1999
There Are No Bad Dogs – Recent Ruling in Dog Bite Cases
By Kevin G. Faley, Andrea M. Alonso, and Pamela A. Smith
The Journal of the Defense Association of New York – Spring 1999
Applying the 1996 Three-Year Limit in Professional Malpractice Cases
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – February 22, 1999
High-Low Agreements: Misunderstood Litigation Technique
By Kevin G. Faley and Andrea M. Alonso
New York Law Journal – March 27, 1998
The Law Firm Culture of Abuse
By Andrea M. Alonso and Kevin G. Faley
ABA Journal – November 1998
An Offer You Can’t Refuse – A Proposal for a New State Offer of Judgment Rule
By Andrea M. Alonso and Kevin G. Faley
New York State Bar Journal – March/April 1998 ORGANIZATIONS - New York County Bar Association
- New York State Bar Association
- American Bar Association
- The Defense Research Institute
- Officer at The Defense Association of New York
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