The Law Offices of Jon Michael Probstein

Since 1977, the Law Offices of Jon Michael Probstein has been representing and assisting people and businesses in all matters.

Admitted to practice in New York and the federal courts (Southern and Eastern District) as well as the Second Circuit Court of Appeals, Mr. Probstein is special counsel to law firms in Los Angeles and New York, as well as operating his own practice in Nassau County. In addition, he serves as a Part 137 Arbitrator on attorney/client fee disputes and as an Arbitrator in Small Claims, District Court, Nassau County. A qualified Part 36 Guardian, Attorney, etc. in Queens, Nassau and Suffolk Counties, he is also a registered attorney with the New York State Department of Labor for Unemployment Insurance claims and an accredited attorney for claims for veterans’ benefits before the United States Department of Veterans Affairs (VA). Mr. Probstein has performed pro bono work for the Volunteer Lawyers Project - Nassau/Suffolk Law Services, Inc., The Safe Center (formerly the Nassau County Coalition Against Domestic Violence) and the Nassau County Bar Association, where he is also a member of the Lawyers Assistance Program Committee and the recipient of the 2015 Thomas Maligno Pro Bono Attorney of the Year award. Currently, he is President of the Levittown Chamber of Commerce.

The Law Offices of Jon Michael Probstein Blogs

Latest from The Law Offices of Jon Michael Probstein

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…
Is a corporation a person? Not when it comes to the defense of usury. Principis Capital LLC v FNI Healthcare, Inc., 2019 NY Slip Op 51202(U), Decided on July 18, 2019, Supreme Court, New York County, Reed, J. : “In opposition, defendants failed to raise a triable issue of fact. They do not contest that they owe money to plaintiff pursuant to the agreements. The only legal stance in opposition to the motion is that…
Is a corporation a person? Not when it comes to the defense of usury. Principis Capital LLC v FNI Healthcare, Inc., 2019 NY Slip Op 51202(U), Decided on July 18, 2019, Supreme Court, New York County, Reed, J. : “In opposition, defendants failed to raise a triable issue of fact. They do not contest that they owe money to plaintiff pursuant to the agreements. The only legal stance in opposition to the motion is that…
One of the disclosure devices is CPLR 3102 (c) which provides: “Before action commenced.  Before an action is commenced, disclosure to aid in bringing an action, to preserve information or to aid in arbitration, may be obtained, but only by court order.  The court may appoint a referee to take testimony.” Matter of Weitzman v Long Beach City Sch. Dist., 2019 NY Slip Op 06092, Decided on August 7, 2019, Appellate Division, Second Department: “On…
Governor Andrew M. Cuomo yesterday signed legislation (S.6577/A.8421) to enact sweeping new workplace harassment protections. The following is from the Senate Bill: "PURPOSE OR GENERAL IDEA OF BILL: This bill increases protections to employees of all protected classes who have been subject to discriminatory harassment in the workplace. SUMMARY OF SPECIFIC PROVISIONS: Section 1: provides that the Human Rights Law covers all employers in the state, including the state and all political subdivisions thereof Section…
Justice delayed through one’s own actions may mean justice denied. Bank of Am., N.A. v Santos, 2019 NY Slip Op 06056, Decided on August 7, 2019, Appellate Division, Second Department: “In October 2009, the plaintiff commenced this action against, among others, the defendant Cristy Santos (hereinafter the defendant) to foreclose a mortgage on residential property. The defendant failed to appear or answer the complaint. In August 2010, the plaintiff filed a request for judicial intervention.…
Governor Andrew M. Cuomo yesterday signed three pieces of legislation expanding protections for victims of domestic violence. One of these measures broaden the definition of the crime of domestic violence to include forms of economic abuse such as identity theft, grand larceny and coercion (S.2625/ A.5608). Economic abuse has a broad definition but in the new legislation it is limited to just three types (indicated below in bold) and is subject to the additional limitations…
Burke v Burke, 2019 NY Slip Op 06060, Decided on August 7, 2019, Appellate Division, Second Department: “The parties were married in 1992. They have four children, born between 1992 and 1998. The plaintiff was a homemaker for many years before obtaining employment at a dental office in 2006 or 2007. Between 1984 and 1988, the defendant worked part-time as a school janitor. On or about April 30, 1991, approximately 15 months before the parties…
A failure to secure a default judgment within one year has consequences under CPLR 3215 (c). HSBC Bank USA, N.A. v Slone, 2019 NY Slip Op 05963, Decided on July 31, 2019. Appellate Division, Second Department: “In October 2012, a prior action to foreclose the same mortgage that is at issue in this action was dismissed as abandoned. In March 2015, the plaintiff commenced this action against the defendants Robert Slone and Mary Slone (hereinafter…