FALLEK & FALLEK, PLLC



Andy handles commercial litigation and complex personal injury and insurance matters, as counsel to the firm. He was admitted to the New York State bar in 1982 after receiving his  bachelor’s degree from the University of Pennsylvania and his law degree from Vanderbilt University. He has extensive experience trying cases in the state courts in New York as well as the federal courts for the Southern and Eastern Districts of New York. Andy has also handled arbitrations in a variety of areas.

He has argued appeals before the New York State Court of Appeals, the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the  D.C. Circuit, as well as the 1st, 2nd and 3rd Departments of the Appellate Division of the Supreme Court of the State of New York.

Andy is currently the Chairman of the Judiciary Committee of the Brooklyn Bar Association, the committee which screens state and federal judicial candidates seeking to become judges in Kings County, New York. Andy previously served as an adjunct member of the Judiciary Committee of the New York City Bar. He is a former President of the Brooklyn Bar Association and is now a member of the Association's Trustees Council. He previously served on the Nominating Committee of the New York State Bar Association and is a Master of the Nathan R. Sobel American Inns of Court. Andy is also one of the founders of the Brooklyn Brandeis Society and a Past President.

Representative Reported Cases

Bernstein v. North East  Insurance Company, 19 F.3d 1456 (D.C. Cir. 1994)(successfully arguing that an insurance policy does not cover intentional racial discrimination by a landlord policyholder; lower court reversed).

Sulaiman v. Asian American Food Corp., 285 A.D.2d 499 (2d Dep’t 2001)(successfully arguing that a statement in the contract of sale of a business negated plaintiff’s claim that it relied on fraudulent oral representations allegedly made by the defendant).

United States v. Aracri, 968 F.2d 1512 (2d Cir. 1992)(successfully arguing that the government’s failure to turn over impeachment material to defendant oil company executives merited remand to determine if reversal of convictions for gasoline tax fraud was warranted).

Cotter v. Spear, 139 A.D.2d 555 (2d Dep’t 1988)(successfully arguing that plaintiff’s fire expert should have been permitted to testify as to the dangers posed by hanging materials as this was relevant to whether there was a  possible violation of the fire code).

People v. Caracciola, 78 N.Y.2d 1021 (1991)(very rare dismissal of an indictment due to poor instructions to the grand jury upheld by the New York State Court of Appeals).                          

Hurley v. Izzo, 248 A.D.2d 674 (2d Dep’t 1998)(successfully arguing that plaintiffs submitted sufficient evidence to warrant a trial on their claim that the driver of a vehicle that was hit in the rear could be held responsible for a multi-vehicle accident because it stopping suddenly without warning, its brake lights were not illuminated and it was following the car in front of it too closely;  lower court reversed). 



Andy is the author of many articles on trial practice. He has been a Continuing Legal Education lecturer and an invited speaker before the Annual Meeting of the New York City Civil Court Judges. He has been listed in Who's Who in American Law since 1994 and received the Distinguished Service Award of the Brooklyn Bar Association in 2001 and 2004 and the Freda S. Nisnewitz Award for Pro Bono Service in 2016. In addition to his practice, Andy served as the Editor-in-Chief of the legal publication, the "Brooklyn Barrister," from 2000-2010. 

  andrew@falleklaw.com