Jon Michael Probstein Esq.

Latest Articles

ZINNO v. SCHLEHR, 2019 NY Slip Op 6232 – NY: Appellate Div., 4th Dept. 2019: Plaintiff, a former employee of defendant medical group, commenced this action seeking to recover, inter alia, “additional compensation” that he earned during his employment with defendant. Pursuant to the terms of his employment agreement, plaintiff was entitled to receive an annual salary plus certain “additional compensation” if he exceeded certain thresholds, which were calculated based on the actual gross receipts…
Recalling yesterday’s post about New York Labor Law Section 195 (6) requiring written notice of termination, etc., it also provided that “Failure to notify an employee of cancellation of accident or health insurance subjects an employer to an additional penalty pursuant to section two hundred seventeen of this chapter.” Let us look at that penalty. New York Labor Law Section 217 (7): “(a) Any policyholder who fails to comply with this section, shall forfeit to the…
A written notice is required. New York Labor Law Section 195 provides: “Every employer shall: 6. notify any employee terminated from employment, in writing, of the exact date of such termination as well as the exact date of cancellation of employee benefits connected with such termination. In no case shall notice of such termination be provided more than five working days after the date of such termination. Failure to notify an employee of cancellation of…
NYS Election Law 3-110   1. A registered voter may, without loss of pay for up to three hours, take off so much working time as will enable him or her to vote at any election.   2. The employee shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed.   3. If the employee requires working time off…
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Most interesting is that the court appointed a forensic but did not appoint an attorney for the child. Ambrose v Ambrose, 2019 NY Slip Op 07757, Decided on October 30, 2019, Appellate Division, Second Department: “In making an initial custody determination, the paramount consideration is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171; Cravo v Diegel, 163 AD3d 920, 921). “In determining the child’s best interests, the court…
CPLR 306-b provides: “Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall be made within one hundred twenty days after the commencement of the action or proceeding, provided that in an action or proceeding, except a proceeding commenced under the election law, where the applicable statute of limitations is four months or less, service shall be made not…
Matter of Weiss v County of Nassau, 2019 NY Slip Op 07594, Decided on October 23, 2019, Appellate Division, Second Department: “In 2013, the petitioner took the Police Service Aide Trainee Examination No. 3005. In June 2017, while her application for the position of Police Service Aide Trainee was pending, she applied to the Nassau County Civil Service Commission (hereinafter the Commission) for a position as a Crossing Guard. In connection with that application, the…
US Bank Nat’l Ass’n v. Tran, NYLJ October 16, 2019, Date filed: 2019-10-03, Court: District Court, Nassau, Judge: Judge Scott Fairgrieve, Case Number: LT-003391-19: “Respondent states that RPAPL 713(5) requires that Respondents be served with a “certified deed” but a photocopy is legal. See Plotch v. Dellis, 60 Misc 3d, 1 (App Term, 2nd & 9th Jud Dist). Respondent states that an original certification of the deed must be filed with the court after service…
If you decide to file a claim, time may be of the essence Matter of Progressive Direct Ins. Co. v Ostapenko, 2019 NY Slip Op 07586, Decided on October 23, 2019, Appellate Division, Second Department: “The respondent, Irina Ostapenko, allegedly was injured when the vehicle she was driving was struck in the rear by another vehicle that then left the scene. The vehicle Ostapenko was driving was insured by the petitioner. Ostapenko filed a request…