Jon Michael Probstein

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Effective January 1, 2019. First, CPLR 4540-a creates a presumption of admissibility of evidence exchanged during the course of discovery, if offered by an adverse party. Second, CPLR 4511(c) creates a presumption of admissibility for digital evidence obtained from web mapping or global imaging services. CPLR Rule 4540-a. “Presumption of authenticity based on a party’s production of material authored or otherwise created by the party. Material produced by a party in response to a demand…
Since 1977, my practice consisted of representing and assisting people and businesses in all matters, including public and private corporations, on both a civil and criminal level. My services have included public offerings, proxy fights, securities regulation, all phases of civil and criminal litigation, family law, estate law, guardianships, negotiation and drafting of a wide variety of agreements and transactions, in addition to general advice with regard to the customs and practices within various industries. I was also…
In this case, the employee Fox suffered from Tourette’s Syndrome and Obsessive‐ Compulsive Disorder since birth. A complaint was filed against his longtime employer for disability discrimination under the Americans with Disabilities Act and New York State Human Rights Law, asserting claims for hostile work environment, disparate treatment, failure to accommodate, and retaliation. The Second Circuit held that his hostile work environment claim is cognizable under the ADA, and with respect to that claim, they…
In this case, the employee Fox suffered from Tourette’s Syndrome and Obsessive‐ Compulsive Disorder since birth. A complaint was filed against his longtime employer for disability discrimination under the Americans with Disabilities Act and New York State Human Rights Law, asserting claims for hostile work environment, disparate treatment, failure to accommodate, and retaliation. The Second Circuit held that his hostile work environment claim is cognizable under the ADA, and with respect to that claim, they…
In this case, the tenant’s next door neighbor began “what can only be described as a brazen and relentless campaign of racial harassment, abuse, and threats.” Francis v. Kings Park Manor, Inc., Civ. 15-1823, Decided March 4, 2019 (US Court of Appeals, Second Circuit): “Just over fifty years ago, spurred by the assassination of Dr. Martin Luther King, Jr., Congress enacted Title VIII of the Civil Rights Act of 1968, commonly referred to as the…
In this case, the tenant’s next door neighbor began “what can only be described as a brazen and relentless campaign of racial harassment, abuse, and threats.” Francis v. Kings Park Manor, Inc., Civ. 15-1823, Decided March 4, 2019 (US Court of Appeals, Second Circuit): “Just over fifty years ago, spurred by the assassination of Dr. Martin Luther King, Jr., Congress enacted Title VIII of the Civil Rights Act of 1968, commonly referred to as the…
The Gender Expression Non-Discrimination Act (GENDA), Senate Bill S1047, 2019-2020 Legislative Session, is a New York law which adds gender identity and gender expression as protected classes in the state’s human rights and hate crimes laws, prohibiting discrimination in employment, housing, public accommodations and other areas, and providing enhanced penalties for bias-motivated crimes. It was signed into law on January 25, 2019 and became effective February 15.  “Legislative findings and intent. The legislature reaffirms that…
Definition: zealous adjective zeal·​ous | ˈze-ləs Definition of zealous : marked by fervent partisanship for a person, a cause, or an ideal : filled with or characterized by zeal zealous missionaries. It was first in Law School that I learned of the zealous lawyer. The American Bar Association’s Model Rules of Professional Conduct: Preamble & Scope states in paragraph 2: “As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary…
Nonresident attorneys admitted in New York must maintain a physical office in the State in order to practice law in New York but the failure by a nonresident attorney to comply with this requirement at the time a complaint is filed does not render that filing a nullity. ARROWHEAD CAPITAL FINANCE, LTD. v. CHEYNE SPECIALTY FINANCE FUND LP, 2019 NY Slip Op 1124 – NY: Court of Appeals February 14, 2019: “An attorney who is…
Your New Home LLC v. JP Morgan Chase Bank, NYLJ 2/28/19, Date filed: 2019-01-17 Court: Supreme Court, Westchester, Judge: Justice Terry Jane Ruderman, Case Number: 59896/2018: “To avoid a determination that the debt was accelerated based on the commencement of the 2008 foreclosure action, defendant relies on the reasoning exemplified in Nationstar Mortgage, LLC v. MacPherson (56 Misc 3d 339, 350 [Sup Ct Suffolk County 2017]), which in effect created an exception to the rule…