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

If your upstairs neighbor is noisy, there are ways to deal with it. In this case, the defendant, the downstairs neighbor, may not have handled it properly. This is not just an L&T summary proceeding. This landlord went to Supreme Court and also sought and received an injunction. 25 CPW City Views LLC v. Cohen, NYLJ February 13, 2020, Date filed: 2020-01-22, Court: Supreme Court, New York, Judge: Justice James D’Auguste, Case Number: 152876/2018: “On…
An Extreme Risk Protection Order (ERPO) is a court order issued when a person may be dangerous to themselves or others. An ERPO prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess. An ERPO can also direct the police to search a person, premises or a vehicle for guns and remove them. An ERPO case may be started by a district attorney, a…
This afternoon, I will be one of the attorneys who will be presiding as a judge at Nassau Supreme Court for a preliminary round for Nassau County High School students participating in The New York State High School Mock Trial Program. The state finals are in May. “The New York State High School Mock Trial Program is a joint venture of The New York Bar Foundation, the New York State Bar Association, and the Law,…
Normally, debt forgiven is income to the debtor. The Further Consolidated Appropriations Act, 2020, signed on December 20, 2019, extends the Qualified Principal Residence Indebtedness (QRPI) exclusion. This allows homeowners after a foreclosure, loan modification, short sale, or deed in lieu of foreclosure to exclude the forgiven amount from their income for tax purposes.  In such circumstances, the homeowner will receive a 1099-C (Cancellation of Debt) form from their bank. If the QPRI exclusion applies,…
→ Reservations are required by calling the Bar Association at 516-747-4070. Please bring any documents. Attorneys fluent in other languages are available upon request when reserving. All clinics are 3-6 p.m. and are held at the Nassau County Bar Association in Mineola twice a month. Call to make an appointment for the next scheduled clinic. →Please call NCBA for the scheduled dates for Free Legal Consultation…
Judicial review of disability benefit determinations is governed by 42 U.S.C. §§421(d) and 1383(c)(3), which expressly incorporates the standards established by 42 U.S.C. §405(g). In relevant part, §405(g) adopts the familiar administrative law review standard of “substantial evidence,” i.e., that “[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.” Thus, if the Commissioner’s decision is supported by “substantial evidence” and there are no other…
Things change – something we must always keep in mind – and this case has a nice story to it. Matter of Jacob A.B., NYLJ  January 31, 2020, Date filed: 2020-01-24,  Court: Surrogate’s Court, Westchester, Judge: Surrogate Brandon Sall, Case Number: 2010-2501/G: “In this uncontested proceeding pursuant to SCPA 1755 and 1759, the petitioners, as guardians of the person and property of Jacob A. B. (Jacob), seek to modify the order of guardianship in order…
How many summary judgment motions can be made in a foreclosure action? Wells Fargo Bank, NA v Madlen Apt, 2020 NY Slip Op 00640, Decided on January 29, 2020, Appellate Division, Second Department: “On or about May 24, 2012, the plaintiff commenced this mortgage foreclosure action alleging that it was the holder of the subject note and mortgage, and that the defendant Madlen Apt (hereinafter the defendant) had defaulted upon her payment obligations. In an…
Thousands of dollars in legal fees and costs could have been saved if an Answer was timely served….but this case did have a happy ending so far for the defendant. P&H Painting, Inc. v Flintlock Constr. Servs., LLC, 2020 NY Slip Op 00603, Decided on January 29, 2020 ,Appellate Division, Second Department “On or about August 3, 2017, the plaintiff, a subcontractor, commenced this action against the defendant, a general contractor, to recover damages for,…