Mark Moroknek - New York

Attorney at Law

New York

Legal Services

PROVEN SKILLS
 Preparation of complex civil motions and appeals
 State and Federal Trial Practice
 Appellate Practice
 Insurance coverage litigation
 general liability defense litigation
 Commercial and business litigation
 Employment litigation.

ADMITTED TO PRACTICE

1985 New York State Bar
1985 United States District Court Southern District of New York
1985 United States District Court Eastern District of New York
1992 Second Circuit Court of Appeals
1993 United States Supreme Court

LEGAL EXPERIENCE

MARK S. MOROKNEK, ESQ. Mineola NY 2001-present

Private practice in civil litigation, tort commercial and employment law. While building practice I have worked of counsel for various law firms ( see those listed below,)
making court appearances, conducting depositions, conferences, trials, and
drafting motion papers and briefs, per diem.

Recent trials: (2007 and 2008)
Sexual harassment action, Division of human rights to verdict.
Age discrimination action. EDNY, to verdict.
Slander action. Supreme Court Nassau County (Settled during trial)
Commercial action to vacate lien on motorboat, Hempstead District Court, bench trial.

Hearings:

Numerous Hearings and appeals, Department of Labor,
Federal injunction hearings, EDNY and SDNY, J. Spatt, /Mag. Ramirez
3 traverse hearings, Supreme Court Nassau, Westchester, Suffolk counties
Breach of contract inquest, Civil Queens/Supreme Queens

of counsel to:

DOUGLAS VIVIANI, P.C. East Northport, N.Y. Sept.2007-present
Frequent court appearances on depositions, conferences, hearings, and commercial part trials, 10-20 hours a week.
Frequent trials of consumer credit actions, and commercial liens.
Depositions in personal injury actions and judgment debtor proceedings.

ALAN BERKOWITZ, Esq. New York, N.Y. May 2005- present
Successfully moved for summary judgment in Supreme Bronx injury action, trip and fall in 2005.
Defeated motion to certify plaintiffs as class ( Nissenbaum v Spanish Yellow Pages 2006.)
Prepared trial memorandum of law for defense of fraudulent conveyance proceedings (adversary proceeding in Bankruptcy Court 2008.) [Kittay v Singer]

FREDRIC SCHEINFELD, Esq. Mineola, NY July 2006-present

Successfully defended action for damages seeking to enjoin a regional manager of company from leaving job with trade secrets. (Intl Student Exchange v Sharshel 2006-2007.)

MAX GOLDWEBER & ASSOCIATES Mineola, N.Y. Jan. 2006-present
Second chair trial counsel at trial of age discrimination action for plaintiff in EDNY. (Smith v Franklin Hospital.(2007))
Defeated summary judgment motion, and reconsideration motion by defendant in same action. Smith v Franklin Hospital.(2007)
Drafted pleadings, opposed summary judgment motion in declaratory judgment action.(Tower Ins.Co v Cambry 2007)
Conducted depositions, drafted opposition to several motions in shareholder derivative action, attended conferences.(Morales v Galesi 2007)
Opposed summary judgment motion in action for constructive trust, attended CAMP conferences.(Fromer v Fromer 2007)

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GOLDWEBER & HERSHKOWITZ, ESQS. Mineola N.Y. Associate 1996-1999 Responsible for litigation of plaintiffs product liability, labor law, employment law, commercial, negligence, various estate matters, and family law. Drafted pleadings, prepared discovery demands, drafted procedural and substantive motions Trials and no fault arbitrations, employment grievances. Unemployment hearings. Frequent depositions, and court appearances for conferences, argument of motions, and trials.

Tried plaintiffs product liability action
Tried commercial action involving contractor liens.
Arbitration of no-fault benefit claims
Arbitration of coverage exclusion disclaimers

KLEIN & MOROKNEK, ESQS. New York, N.Y. Associate. 1994- 1996
Personal injury, real estate litigation; bankruptcy adversary proceedings. Responsibilities included preparing motions, appellate briefs, and trial memoranda. Frequent court appearances on motions, conferences, hearings.

Second chair at trial of zone of danger emotional distress action on behalf of client (widowed at time of accident) settled during trial.
Drafted trial briefs, motions in limine, and requests to charge, interviewed and prepared witnesses for trial.
Second chair trial of commercial action involving shipment of mis-matched shoes from South America.
Drafted successful summary judgment motion, in action for specific performance on handwritten binder. (Tamir v Greenberg. )
Opposed appellate division motion practice and Drafted respondents briefs, for Second Department and Court of Appeals. Argued in Second Department. After final appeal, commenced action to recover damages from undertaking. Tamir v Greenberg (Litigation lasted over five years)
Monitored out of state litigation for Varn Products by outside counsel; product liability and retaliation claims.



AYERS & THOMPSON, ESQS New York, NY Sept 1984- May1994 Associate (senior associate 1990-94)
General liability defense firm. Conducted several trials a year, in elevator, automobile negligence, trip and fall, labor law, insurance coverage and product liability actions. Daily court appearances for motions, conferences and depositions.
Several depositions a week with dictation of summary reports, containing analysis and evaluation. Prepared coverage analyses and opinions. Litigated product liability and labor law cases, many toxic tort exposure cases from pleading through settlement. Firm was counsel to US Scaffold and Ladder Association, and AM Best.
As senior associate supervised motion practice of other attorneys, monitored out of state litigation for manufacturer of meat saws.
Tried product liability action, defending manufacturer of meat saw (Biro Mfg Co.) Defense verdict.
Tried trichinosis exposure case to favorable verdict on behalf of defendant.
Bench trial, framed issue of agents authority to bind insurance company to performance bond. Favorable decision. California Union Ins. Co v Summit Ins. Co.
Drafted and argued 60 percent of the substantive motions and 20+appeals. (approximately 4 appeals a year) (oral argument of 3 appealsbefore New York Court of Appeals, 2 before Second Circuit, and opposed certiorari t. petition US Supreme Court. )
EDUCATION

J.D. 1984. St. Johns University School of Law , Jamaica N.Y. Top third of class at graduation, moot court senior bar. Awards from Bureau National Affairs and American Jurisprudence for achievement.

B.A. 1980. University of Pennsylvania, Philadelphia, PA. Psychology of Writing (individualized major) GPA 3.2

Hofstra University School of Law, Hempstead, N.Y.
Mediation Clinic 2005

RELEVANT SKILLS

CERTIFIED MEDIATOR
 Mediator, Supreme Court Nassau County, DCM Trial Assignment Part 2005-present
 US Bankruptcy Courts EDNY and SDNY appointed to roster of mediators 2006-2009
 National Arbitration and Mediation Roster of employment mediators, 2008- present
CERTIFIED ARBITRATOR
 Arbitrator certification, NY Unified Court system 2008 -present
 Arbitrator, Supreme Court Nassau County, Part 137 attorney-client fee disputes 2008-present
 Arbitrator, National Arbitrator and Mediation (NAM) employment roster (2008- present)
COURT APPOINTED FIDUCIARY
 Supreme Court NY County Guardianship, Court Evaluator 1998-2001
INTERNSHIPS
Queens County Surrogates Court, 1983..
Worked for law school credit in the law department while Louis Laurino was Surrogate..
Nassau County District Attorney, 1984 Summer Intern
Summer Intern. Three different bureaus for summer.


Nassau County Bar Association
NY State Dispute Resolution Association
National Arbitration and Mediation Neutral



Citations to appeals argued in Court of Appeals:
.
North River Ins. Co. v. United Nat. Ins. Co., 81 N.Y. 2d 812. 611 N.E. 2d 278, 595 N.Y.S 2d 377 (1993)
Underlying action arose before contribution was enacted by legislature. Compensation carrier settled entire claim on behalf of employer/ third party defendant, without any verdict, or obligation to plaintiff in underlying action. No other parties shared in settlement. General Liability carrier of employer contested liability to share cost of settlement. Court of Appeals reversed two Appellate Division Decisions on Liability and Damages and dismissed action. [ I prepared and argued the summary judgment motion, 2 appellate division appeals and Court of Appeals brief. I argued this in the Court of Appeals as well.]

600 West 115th Street Corp. v. Von Gutful, 80 N.Y. 2d 130, 603 N.E. 2d 930, 589 N.Y.S. 2d 825, 21 Media L. Rep. 1811(1992)
Cert. denied _U.S.__ (1993) Defamation action, arising out of N.Y.C. community Board Hearing where ex-president of condominium board spoke against restaurant obtaining sidewalk caf permit, and referred to situation as smelling of bribery and corruption. Court of Appeals held this was protected opinion and dismissed complaint. (I prepared and the First Department and Court of Appeals brief, and made the oral arguments.)

Monteleone v. Incorporated Village of Floral Park, 74 NY 2d 917, 532 N.Y.S.2d 550 (1989) Successfully argued that low hanging tree branch was an obstruction within Village law requiring prior written notice before an action could be maintained for personal injury. Affirming 143 A.D. 2d 647 (2d Dept 1988) [I prepared the summary judgment motion, appellate division and court of appeals briefs.]

California Union Ins. Co. v. Summit Ins. Co., 191 A.D. 2d 332, 595 N.Y.S. 2d 51 (1st Dept. 1993) Contractor obtained performance bond from alleged agent of Summit Insurance, and defaulted in performance of housing contract. Owner/GC attempted to collect from Summit on bond; Summit denied knowledge of bond, and then went into liquidation. After a framed issue trial on issues of agency and apparent authority, the court held the agent had no authority to bind Summit. (I tried this matter before a referee, and drafted all underlying motions and trial memoranda, and appellate briefs.)

U.S. Fidelity & Guar. Co. v. Executive Ins. Co., 893 F.2d 517 (2d Circuit 1990)
Declaratory judgment action to determine whether policies shared coverage or were primary and excess.

Writing sample available upon request.

References:

Mary Campbell, Supreme Court Nassau County ADR program. 516 571-2050.

Alan Berkowitz, Esq. 14 East 4th St New York NY suite 408, 1001 (212) 228 5341.

Fredric Scheinfeld, Esq.516-248-6800

Max Goldweber, Esq. 516 746 7771

Douglas Viviani, Esq.718 278 8846



AFFILIATIONS

Nassau County Bar Association
N.Y. State Dispute Resolution Association
National Arbitration and Mediation Neutral