Jon Michael Probstein Esq.

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This case has a few twists and turns; the most significant one being that, through no fault of either party, the marital portion of a pension was incorrectly calculated by the plan, requiring the court to reconsider spousal maintenance and equitable shares. Achuthan v Achuthan, 2020 NY Slip Op 00255, Decided on January 15, 2020, Appellate Division, Second Department: “The parties were married on May 28, 1981, in New Delhi, India, and have one adult…
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The New York State Bar Association and other local Bar Associations offer a Lawyer Assistance Program (LAP), which  provides education and confidential assistance to lawyers, judges, law school students, and immediate family members who are affected by the problem of substance abuse, stress, depression or other mental health issues. Its goal is to assist in the prevention, early identification and intervention of problems that can affect professional conduct and quality of life. All LAP services…
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The parties had a secular marriage. Can a husband force his wife to get a religious divorce when she never agreed to do so? Here are the facts: “Following the execution of the Financial Stipulation, the Wife’s counsel prepared a proposed Judgment of Divorce and ancillary documents for submission to the Court. According to the Husband, his attorney then contacted Wife’s attorney to request the proposed Judgment include a provision requiring cooperation with a GET.…
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In this case, a federal court addresses New York State law on partition of real property Chasewood v. Kay, NYLJ January 10, Date filed: 2020-01-06, Court: U.S. District Court for the Eastern District of New York, U.S. – EDNY, Judge: Magistrate Judge Steven Gold, Case Number: 18-CV-623:  “……B. Partition and Sale “A person holding and in possession of real property as…tenant in common…may maintain an action for partition of the property, and for a sale…
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Attorneys act as mentors to middle school students selected by guidance counselors, meeting with them on school premises twice monthly for 45 minutes during the school year. The one-on-one program permits mentor and student to develop a rapport, and motivates students to set and work towards positive goals. → Attorneys wishing to serve as mentors, please call NCBA at (516) 747-4070.…
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The building involved is one of the Lincoln Towers residential buildings by Lincoln Center. The unit must be at least $500K value with maintenance charges of over $1200 a month. This is a sad story that has been in the court system for several years. 140 W. End Ave. Owners v. Dinah L., NYLJ January 08, 2020,  Date filed: 2019-11-26, Court: Civil Court, New York, Judge: Judge Lillian Wan, Case Number: 73825/2017: “In this nuisance…
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Inbar Grp. Inc. v. St. Mark’s World Inc., NYLJ January 07, 2020, Date filed: 2019-12-05, Court: Supreme Court, New York, Judge: Justice David Cohen, Case Number: 653565/2016: “Plaintiff’s motion is granted in part and defendants’ cross-motion to amend is granted. The portion of the cross-motion seeking dismissal of the claims against Michael Morgan personally is denied. The following facts are not in dispute. On March 19, 2014, St Mark’s World, Inc. (“SMW”) entered into a…
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Matter of Rabinowich v Rabinowich, 2019 NY Slip Op 09271, Decided on December 24, 2019, Appellate Division, Second Department: “The mother and the father are the divorced parents of three children, the youngest two of whom are the subject of the instant proceeding. Pursuant to the custody provisions set forth in a stipulation of settlement, incorporated but not merged into the parties’ judgment of divorce dated October 30, 2006, the parties had joint legal and…
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Adult adoptions are not the same as establishing guardianship. Legal guardianship is intended to help safeguard and provide for an adult who cannot care for him or herself, making legal, financial, and health decisions on the individual’s behalf. Adult adoptions are completed for different reasons: a former foster child who was not being legally available for adoption and grew close to the foster family as a child may be adopted as an adult if he/she…
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The family dispute among the siblings continues after the Mother has passed. Hampton v. Hampton, NYLJ January 02, 2020, Date filed: 2019-11-29, Court: Civil Court, Queens, Judge: Judge Julie Poley, Case Number: 55878/19: “It is well settled that title cannot be determined in the context of a Housing Court summary proceeding, but that the Court is empowered with the jurisdiction to determine any “legal or equitable” defense for purpose of determining a right to possession.…