Jon Michael Probstein Esq.

Firm/Organization: The Law Offices of Jon Michael Probstein
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This was the first law firm I worked for, the first case, the first appeal, etc. The lower court decision is linked here too and should be read (I had also worked on that motion): United States of America, Appellee, v. E. Garrison St. Clair, Appellant, 552 F.2d 57 (2d Cir. 1977): “This is an appeal from convictions, after jury trial in the Eastern District, on five counts of mail fraud, 18 U.S.C. § 1341,…
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For many years, spousal maintenance (alimony) has been tax deductible for the person paying it and taxable income for the person receiving it. But that basic tenet of divorce no longer applies due to provisions in the GOP tax law. Here is a case which considers the new tax law effect on spousal maintenance and reduces the statutory guideline amount by 12%. WISSEMAN v. WISSEMAN, 2019 NY Slip Op 29092 – NY: Supreme Court, Dutchess…
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What is also interesting about this case is that the defense of highlighting the notice requirements with disabled tenants also raised the question of a guardianship. 2013 Amsterdam Ave. Hous. Assn., L.P. v King, 2019 NY Slip Op 29074, Decided on March 22, 2019, Appellate Term, First Department: “The notice of termination underlying this holdover proceeding alleged that tenant breached the Section 8 lease agreement by engaging in a pattern of conduct that adversely affects…
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This is a familiar fact pattern. A parent transfers family home to joint ownership with new wife. At death of parent, the children claim undue influence. Perhaps, the answer is for the parent to just transfer a life estate to the new wife, unless the intention is not to leave the property to the children. Mastrantoni v Mancini, 2019 NY Slip Op 02698, Decided on April 10, 2019, Appellate Division, Second Department: “The plaintiff commenced…
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This is a familiar fact pattern. A parent transfers family home to joint ownership with new wife. At death of parent, the children claim undue influence. Perhaps, the answer is for the parent to just transfer a life estate to the new wife, unless the intention is not to leave the property to the children. Mastrantoni v Mancini, 2019 NY Slip Op 02698, Decided on April 10, 2019, Appellate Division, Second Department: “The plaintiff commenced…
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If you suffer from mental illness, does it mean you are incapable of parenting your children? Would the result have been different if this was a custody matter and not a neglect proceeding? Matter of Jonefe R. v. Denise T., NYLJ April 12, 2019 , Date filed: 2019-03-27, Court: Family Court, Bronx, Judge: Judge Sarah P. Cooper: “On June 7, 2018, ACS filed petitions against Denise T. [hereinafter the “Respondent”] alleging that she neglected the…
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A real case of family feud. Matthews v. Matthews, NYLJ April 11, 2019 ,  Date filed: 2019-03-01, Court: Supreme Court, Kings,  Judge: Justice Richard Velasquez, Case Number: 501041/2018: This action concerns real property in Kings County located at 212 Weirfield Street, Brooklyn, NY 11221 (herein after “premises”). The plaintiff in this action has made a claim of deed fraud against the defendant. The defendant is plaintiff’s aunt and the plaintiff’s deceased fathers’ sister. The following…
For NYC tenants, this case has a happy ending for the dog owner because even though she failed to prove it was a support animal, the landlord failed to abide by the 3 month limitation of Section 27-2009.1(b) of the Administrative Code and thus waived the no-pet clause. Westchester Gardens L.P. v Vargas 2019 NY Slip Op 29058, Decided on March 5, 2019, Civil Court Of The City Of New York, Bronx ,County Weissman, J: “In…