Jon Michael Probstein Esq.

Latest Articles

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…
In this matter, a dispute over approximately $13,000 in legal fees has been litigated in 4 courts. Kleinman v Weisman Law Group, P.C., 2019 NY Slip Op 07573, Decided on October 23, 2019, Appellate Division, Second Department: “In 2013, the defendant Weisman Law Group, P.C. (hereinafter the defendant firm), commenced an action against the plaintiff to recover unpaid legal fees in the Nassau County District Court. The plaintiff asserted a counterclaim, alleging that he was…
The better practice is, if it is your desire, to address disclosure of your full digital assets via a will, trust or other record.  Estate of Murray, NYLJ October 21, 2019, Date filed: 2019-09-30. Court: Surrogate’s Court, Suffolk, Judge: Surrogate Theresa Whelan, Case Number: 2018-1561/A: “By this proceeding, petitioner, one of the duly appointed fiduciaries of the estate of this decedent, seeks an order granting her access to the account decedent maintained with Apple, Inc.…
The devil is in the detail. Asquith v. REDEVELOP ALBANY, LLC, 2019 NY Slip Op 29295 – NY: City Court September 20 2019: “With respect to the subject security deposit, the Court finds that defendant did not comply with the legal requirement that a landlord provide to a tenant who vacates an apartment a written statement itemizing the reasons for retaining all or a portion of the tenant’s security deposit. General Obligations Law Section 7-108(1-e),…
LAP is the Lawyers Assistance Program of a Bar association. Nassau County Bar Association Lawyer Assistance Program (LAP) offers assistance to lawyers, judges, law students and their family members who are struggling with alcohol or drug use, gambling and other addictions, depression, anxiety and stress, and other mental health issues. LAP also provides assistance with law office closings. LAP services are free and strictly confidential via Section 499 of the Judiciary Law and the Rule…
Here the court discusses whether CPLR 2001 will cure a defect under CPLR 308. Estate of Norman Perlman v Kelley, 2019 NY Slip Op 06475, Decided on September 11, 2019, Appellate Division, Second Department: “The plaintiff commenced this action on December 31, 2015, by filing a summons and complaint. On January 21, 2016, the plaintiff filed an affidavit of service with the Kings County Clerk’s Office, which stated that on January 14, 2016, service was…
Doe v Bloomberg, L.P., 2019 NY Slip Op 06728, Decided on September 24, 2019, Appellate Division, First Department Kern, J.: “The City HRL imposes strict liability on an “employer” for the discriminatory acts of the employer’s managers and supervisors (see Administrative Code of the City of New York § 8-107[13][b][1]; Zakrzewska v New School, 14 NY3d 469, 480-481 [2010])[FN2]. Specifically, Administrative Code § 8-107(13)(b) provides: “An employer shall be liable for an unlawful discriminatory practice…
Here the son was sued by the facility in the principal amount of $44,210.11 for room, board, and skilled nursing care services which it provided to the defendant’s mother from January 29, 2010 through August 31, 2010. An admission agreement was signed by the defendant as “responsible party” and plaintiff claimed a breach by defendant’s “failing to pay the moneys due toward the cost of his mother’s care at the facility from his mother’s assets…
N.Y.C. Hous. Auth. v. Jones Jr.,  NYLJ October 09, 2019, Date filed: 2019-09-25, Court: Civil Court, New York, Judge: Judge Timmie Erin Elsner, Case Number: 15234/18: “Upon the foregoing papers, the Decision/Order of this Court is as follows: Respondents’ order to show cause is granted to the following extent: It is undisputed that respondents have been paying ongoing use and occupancy. The issue before the court is whether, pursuant to the amendments to RPAPL Section…