Jon Michael Probstein Esq.

Latest Articles

We all make mistakes but when alleging it as an excusable default on a motion to vacate under CPLR 5015 (a) (1), be specific in your allegations. For example in Bank of N.Y. Mellon v Faragalla, 2019 NY Slip Op 05641, Decided on July 17, 2019, Appellate Division, Second Department: “A party seeking to vacate a default in opposing a motion or in appearing at a conference must demonstrate both a reasonable excuse for its…
Finding your roots sometimes involves the court. Matter of George, 2019 NY Slip Op 31998(U), July 9, 2019, Surrogate’s Court, New York County, Docket Number: 2019-1560, Judge: Nora S. Anderson : “This is an application by an adult who was adopted seventy years ago as an infant and now seeks access to the sealed files of his adoption pursuant to DRL 114(2). On the facts presented, petitioner has demonstrated both good cause for unsealing the…
If you are “dishonest”, you are not eligible. According to SCPA 701: “Letters may issue to a natural person or to a person authorized by law to be a fiduciary except as follows: 1. Persons ineligible (a) an infant (b) an incompetent (c) a non-domiciliary alien except one who is a foreign guardian as provided in subdivision four of section one thousand seven hundred sixteen of this chapter, or one who shall serve with one or more co-fiduciaries, at…
In addition to breach of contract, there are remedies under the General Business Law and the Lien Law. In this case, the court dismissed the claims for fraudulent inducement and unjust enrichment because of the breach of contract claim. Cha v Columbia E. Constr. Corp., 2019 NY Slip Op 31829(U), June 18, 2019, Supreme Court, Kings County, Docket Number: 525240/18, Judge: Karen B. Rothenberg: “With regard to the first cause of action, the plaintiff sufficiently…
If your defendant is in need of a Guardian Ad Litem, this may be an extra cost in the litigation. 41-43 Lawrence Realty LLC v Thompson, 2019 NY Slip Op 51068(U), Decided on June 26, 2019, District Court Of Nassau County, First District Fairgrieve, J. “As provided by CPLR 1202(a), “[t]he court in which an action is triable may appoint a guardian ad litem at any stage in the action upon its own initiative….” Also,…
Finally, the court gave its conclusion that the adoption statute permits adoption by an unmarried adult, an adoption which results in the child having only one legal parent. Matter of John (Joseph G.), 2019 NY Slip Op 05132, Decided on June 26, 2019, Appellate Division, Second Department:The Adoption of the Child by His Biological Father is Permitted by the Adoption StatuteThe second reason given by the Family Court for dismissing the adoption petition here was…
Finally, the court gave its conclusion that the adoption statute permits adoption by an unmarried adult, an adoption which results in the child having only one legal parent. Matter of John (Joseph G.), 2019 NY Slip Op 05132, Decided on June 26, 2019, Appellate Division, Second Department:The Adoption of the Child by His Biological Father is Permitted by the Adoption StatuteThe second reason given by the Family Court for dismissing the adoption petition here was…
Finally, the court gave its conclusion that the adoption statute permits adoption by an unmarried adult, an adoption which results in the child having only one legal parent. Matter of John (Joseph G.), 2019 NY Slip Op 05132, Decided on June 26, 2019, Appellate Division, Second Department:The Adoption of the Child by His Biological Father is Permitted by the Adoption StatuteThe second reason given by the Family Court for dismissing the adoption petition here was…
Next the court discussed whether an adoption by the biological father would contradict New York’s policy against surrogate parenting contracts. Matter of John (Joseph G.), 2019 NY Slip Op 05132, Decided on June 26, 2019, Appellate Division, Second Department: “This Case Does Not Involve Validation or Enforcement of an Illegal Surrogacy Contract The first reason given by the Family Court for its dismissal of the adoption petition was that it would not validate “a patently…
First the facts. Matter of John (Joseph G.), 2019 NY Slip Op 05132, Decided on June 26, 2019, Appellate Division, Second Department: “The appellant is a single, gay man who, in 2012 and under medical supervision, had embryos created using his sperm and eggs from an anonymous egg donor. The egg donor relinquished all rights to the eggs and any resulting children. The appellant had some of the embryos implanted in an unpaid (“compassionate”) gestational…