Jon Michael Probstein Esq.

Firm/Organization: The Law Offices of Jon Michael Probstein
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There are times after the judgment of divorce when the fight continues. Walsh v Walsh, 2019 NY Slip Op 06428, Decided on August 28, 2019, Appellate Division, Second Department: “The parties were divorced pursuant to a judgment of divorce dated October 15, 2012, which incorporated, but did not merge, the parties’ stipulation of settlement dated May 31, 2012. Pursuant to the judgment of divorce, the parties agreed that “[t]he [defendant’s] retirement assets (including but not…
Paragraph (b) of subdivision 1-c of section 240 of the domestic relations law and subdivision (a) of section 651 of the family court act have been amended to establish a rebuttable presumption that it is not in the best interests of a child to be placed in the custody of or to have unsupervised visits with a person who has been convicted of one or more delineated felony sex offenses where the victim of such…
Always better to have agreements in writing. Martin Greenfield Clothiers, Ltd. v Brooks Bros. Group, Inc., 2019 NY Slip Op 06225, Decided on August 21, 2019, Appellate Division, Second Department: “Pursuant to the terms of an alleged oral agreement, the plaintiff, a men’s tailored clothing manufacturer, was to be the exclusive manufacturer of certain custom suits for the defendant, a retail clothier. As per the terms of the alleged oral agreement, either party could terminate…
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Always better to have agreements in writing. Martin Greenfield Clothiers, Ltd. v Brooks Bros. Group, Inc., 2019 NY Slip Op 06225, Decided on August 21, 2019, Appellate Division, Second Department: “Pursuant to the terms of an alleged oral agreement, the plaintiff, a men’s tailored clothing manufacturer, was to be the exclusive manufacturer of certain custom suits for the defendant, a retail clothier. As per the terms of the alleged oral agreement, either party could terminate…
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Lesson: Don’t waste the court’s time. Bank of N.Y. Mellon v Smith, 2019 NY Slip Op 06228, Decided on August 13, 2019, Appellate Division, Second Department: “Section 1250.2(c) of the Rules of the Appellate Division, All Departments (22 NYCRR), provides, in pertinent part, that “[t]he parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue therein has…
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Who knows? As reported earlier (https://jmpattorney.blogspot.com/2019/08/new-workplace-protections-signed-into.html), New York law prohibits mandatory arbitration to resolve cases of discrimination and sexual harassment. However, on June 26, in Mahmoud Latif v. Morgan Stanley & Co. LLC (1:18-cv-11528) District Court, S.D. New York, the court held that an agreement to arbitrate sexual harassment claims is enforceable pursuant to the Federal Arbitration Act (FAA) and rejected arguments that New York law voids such an agreement. The court in Latif was…
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Matter of Means v Miller, 2019 NY Slip Op 06088, Decided on August 7, 2019, Appellate Division, Second Department “On March 4, 2010, the Family Court issued an order (hereinafter the custody order) awarding the father custody of the parties’ child. On or about August 18, 2017, the mother filed a petition to modify the custody order so as to award her sole legal and residential custody of the child. At a court appearance, the…
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The ending here is different than HBO’s courtroom scene finale in Big Little Lies. Matter of Jayce J. v. Jaquana J., Date filed: 2019-07-29, Court: Family Court, Bronx, Judge: Judge Michael Milsap, Case Number: NN-34471-2/18: “….It is clear there is a history of domestic violence between Mr. M. and Ms. J. and that such violence has occurred in the presence of the children. In fact, respondent has filed two recent family offense petitions seeking an…
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The rules of evidence do apply to summary judgment motions. U.S. Bank N.A. v Cope, 2019 NY Slip Op 06111, Decided on August 7, 2019, Appellate Division, Second Department: “”Generally, in moving for summary judgment in an action to foreclose a mortgage, a plaintiff establishes its prima facie case through the production of the mortgage, the unpaid note, and evidence of default'” (Hudson City Sav. Bank v Genuth, 148 AD3d 687, 688-689, quoting…
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Recently, I conferred with a client, who was in foreclosure, and they had discovered a satisfaction of mortgage was filed – yet admitted that they did not pay off the mortgage. So this situation is not unique. Beltway Capital, LLC v Soleil, 2019 NY Slip Op 06057, Decided on August 7, 2019, Appellate Division, Second Department: “The underlying facts and procedural history of this case can be found in our decision and order on a…