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Mark S. Moroknek has been practicing law in New York City and the surrounding suburbs for over twenty years. He is presently in private practice with an
office in Mineola New York, two blocks from the Courthouse.
Mr. Moroknek is an arbitrator and mediator as well as an attorney at law.
His practice centers on civil litigation and appeals, personal injury, commercial litigation, business torts, intentional torts, unemployment, employment discrimination, sexual harassment, defamation, insurance litigation, municipal liability, and product liability. He is also a certified mediator in New York.
Admitted to the New York Bar since 1985, Mr. Moroknek is admitted to practice in the Federal District Courts for the Southern and Eastern Districts of New York, and has appeared in the U.S. Court of Appeals for the Second Circuit, the various Appellate Divisions of the Supreme Court, the New York Court of Appeals and The U.S. Supreme Court.
Mr. Moroknek has many years of litigation experience, representing both plaintiff and defendant. He is qualified as a Mediator under New York State's Unified Court System Alternative Dispute Resolution Program. He Mediates in the Trial Assignment Part, Supreme Court, Nassau County,and has been certified to the register of mediators for the US Banruptcy Court in the Southern and Eastern Districts of New York.
Mr. Moroknek appears of counsel to several firms in NYC and on Long Island. He has represented the New York State Insurance Department, Liquidation Bureau, Construction Contractors and Product manufacturers, and various out of State Insurance Carriers.
The firm appears on the New York Department of Labor's list of unemployment attorneys.
Several Representative Appellate decisions are:
1.600 West 115th St. Corp v Von Gutfeld, 80 NY 2d 130, 603, NE 2d 930, 589 NYS 2d 825, 21 Media L. Rep. 1811 (1992) Cert. den. __US___,
Dismissal of a SLAPP (strategic lawsuit against public participation). Suit for defamation, arising out of comments made by a speaker at a NYC Comunity Board Meeting. The Defendant stated that the plaintiff's activities surounding a proposed sidewalk cafe permit "smelled of bribery and corruption." The Court of Appeals held this was protected "opinion" under the First Amendement.
2. Monteleone v. Inc.. Village of Floral Park,
74 NY 2d 917, 549 NE 2d 459,, 550 NYS2d 257 (1989).
Municipal liability: Successfully argued that NY's "pothole law" requires that prior written notice be given before the Village could be held liable for an overhanging tree branch which was snapped back in plaintiff's face, removing his eye.
3. North River Insurance Co. v. United National, 81 NY2d 812, 611 NE2d 278, 595 NYS 2d 377 (1993)
Insurance Declaratory Judgment action dealing with issues of common law indemnity arising before New York's legislature enacted the law of contibution. Worker's compensation carrier paid a settlement, directly to the Plaintiff's attorney, without the consent of General Liability carrier. The underlying events took place prior to NY recognizing the law of contribution, when only pure indemnity allowed for third party recovery. The Court of Appeals dismissed the suit, holding that the General Liability carrier was not obligated to reimburse the Workers Compensation carrier.
4. California Union v. Summit Ins. Co. 191 AD2d 332, 595 NYS2d 588 (1st Dep't 1993). Action to collect on construction performance bond. The carrier went bankrupt and the Liquidation bureau defended the action. The issue of whether the performance bond had been written by an authorized agent of the company, or one lacking authority, was tried without a jury. The court held the agent lacked the authority to bind the carrier . The underlying events involved a housing project 17 years earlier.
5. Massachusetts Bay Ins. Co. v. Flood, 128 A.D. 2d 683, 513 N.Y.S. 2d 182 (2d Dep't 1987) A Dart struck child in eye. Summons was served on parent of child who knocked dart in her direction, and he defaulted. Late notice was ultimately provided by plaintiff's attorney to defendant's insurer, who then defended with non-waiver agreement.
6. Brown v. Two Exchange Plaza Partners, 146 A.D. 2d 129, 539 N.Y.S. 2d 889 (1st Dep't 1989) General Obligations law interpreted to permit $2.7 million Verdict against General Contractor to be passed to third party defendant solely by reason of contractual indemnity clause in construction sub-contract, where general contractor's liability under Labor Law 240(1) was held not to void the indemnity agreement as it did not constitute a finding of Negligence.
7. Rose v. Metro North Commuter RR,, 143 A.D. 2d 993, 533 N.Y.S. 2d 629 (2d Dep't 1988) Represented Metro North in many cases, in Grand Central Station and on the Harlem Hudson line, ranging from station assaults to accidents on trains.
8. Tamir v. Greenberg, 119 AD. 2d 665, 501 N.Y.S. 2d 103 (2d Dep't 1986) Specific Performance action based on construction of handwritten binder. Appellate Division required buyer to post Surety bond before granting further injunction; Subsequent proceeding for malicious prosecution, abuse of process, with Absolute Liability on the bond.
9. Garcia v. Biro Mfg. Co. Inc, 101 AD2d 779, 475 NYS 2d 863 (1st Dep't. 1984) Complaint dismissed , modified with leave to renew, 63 NY 2d 751, 532 N.Y.S.2d 757 (1985) Uninsured manufacturer of meat grinding machine that had been substantially modified by hacksawing off a guard that had been soldered, bolted and crosspinned in place. Plaintiff lost his forearm.
Mr. Moroknek handles Appeals for attorneys seeking outside appellate counsel, as well as for his own clients.
Mark S. Moroknek has answered 1175 questions with LawGuru Answers
12/25/12, 8:10 pm I misread an offer at a local gym. Instead of signing up for a sh...
1 answer United States | New York | Credit, Debt and Collections Law
12/18/12, 2:07 pm If someone receives a "draw" instead of a salary from their emplo...
1 answer United States | New York | Labor and Employment Law
4/22/12, 7:26 am I want to,manufacture my own private label clothing,is it legal t...
1 answer United States | New York | Business Law
4/04/12, 1:15 pm Here is the short of it: I suffered a seizure in Penn station was...
2 answers United States | New York | Medical Malpractice Law
4/03/12, 8:42 pm I have obtained my DC degree and am now a Doctor of Chiropractic....
1 answer United States | New York | Education Law
4/02/12, 12:03 pm Plaintiff Fails to File Reply - Can Case Be Dismissed: I rec'd a ...
1 answer United States | New York | General Civil Litigation
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175 The Vale
Syosset, NY 11791