Jon Michael Probstein

Firm/Organization: The Law Offices of Jon Michael Probstein
Blogs: A Lawyer's Blog

Latest Articles

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Sometimes, the attorney/client relationship breaks down just like the marital relationship. Rhodes v Rhodes, 2019 NY Slip Op 01113, Decided on February 13, 2019, Appellate Division, Second Department: “The plaintiff and the defendant were married in 1993 and have three children. The parties divorced in 2008. In 2013, the defendant moved to modify the parties’ custody arrangement so as to award him residential custody of the children. In an order dated December 22, 2014, the…
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As reported on February 15, effective that date, the “Statement of Client’s Rights and Responsibilities” has been revised (22 NYCRR § 1400.2) for matrimonial actions only.   22 NYCRR § 1400 is for matrimonial actions only. “Section 1400.1. Application. This Part shall apply to all attorneys who, on or after November 30, 1993, undertake to represent a client in a claim, action or proceeding, or preliminary to the filing of a claim, action or proceeding,…
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The Uniform Monday Holiday Act (Pub. L. 90–363, 82 Stat. 250, enacted June 28, 1968) is an Act of Congress that amended the federal holiday provisions of the United States Code to establish the observance of certain holidays on Mondays. The Act was signed into law on June 28, 1968, and took effect on January 1, 1971, and did not officially establish “Presidents Day”, nor did it combine the observance of Lincoln’s Birthday with Washington’s…
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Effective today, February 15, 2019, the “Statement of Client’s Rights and Responsibilities” has been revised. An attorney shall provide a prospective client with a statement of client’s rights and responsibilities at the initial conference and prior to the signing of a written retainer agreement. If the attorney is not being paid a fee from the client for the work to be performed on the particular case, the attorney may delete from the statement those provisions…
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This action started in 2014.  A motion was made in 2017 after two of the defendants passed way. U & Me Homes, LLC v County of Suffolk, 2019 NY Slip Op 01119, Decided on February 13, 2019. Appellate Division, Second Department: “Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a legal representative for the decedent pursuant to CPLR 1015(a)”…
This action started in 2014.  A motion was made in 2017 after two of the defendants passed way. U & Me Homes, LLC v County of Suffolk, 2019 NY Slip Op 01119, Decided on February 13, 2019. Appellate Division, Second Department: “Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a legal representative for the decedent pursuant to CPLR 1015(a)”…
Velarde v. GW GJ, INC., Court of Appeals, 2nd Circuit, February 5, 2019: “In Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528 (2d Cir. 2015), we addressed the application of certain federal and state employment laws to activities performed in a commercial setting by temporary “interns.” We applied a “primary beneficiary” test: if, under certain enumerated circumstances, the intern is the “primary beneficiary” of the relationship, then the host entity is not the intern’s…
Velarde v. GW GJ, INC., Court of Appeals, 2nd Circuit, February 5, 2019: “In Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528 (2d Cir. 2015), we addressed the application of certain federal and state employment laws to activities performed in a commercial setting by temporary “interns.” We applied a “primary beneficiary” test: if, under certain enumerated circumstances, the intern is the “primary beneficiary” of the relationship, then the host entity is not the intern’s…
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RIVERWALK ON THE HUDSON, INC. v. Culliton, 2018 NY Slip Op 28350 – NY: City Court 2018: “Beginning with statutory defenses, RPL 227-c provides a method for victims of domestic violence to terminate a lease. RPL 227-c (1), in pertinent part, provides: “[A] tenant for whose benefit any order of protection has been issued shall be permitted to terminate [her] lease and surrender possession of the leasehold premise and be released from any liability to…