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

Effective within 60 days, subdivision (c) of section 609 of the Limited Liability Company Law shall be amended. According to the Senate bill “Limited Liability Company Law § 609 imposes liability for unpaid wages on the members with the 10 largest ownership interests after a judgment against the corporation has been returned unsatisfied. This bill ensures that all foreign Limited Liability Companies employing workers in New York State are treated the same in the eyes…
Litigation can be costly in a divorce when the income/asset spouse unnecessarily and aggressively prolongs the litigation. Klein v Klein, 2019 NY Slip Op 08836, Decided on December 11, 2019, Appellate Division, Second Department: “The decision to award an attorney’s fee in a matrimonial action lies, in the first instance, in the discretion of the trial court and then in the Appellate Division whose discretionary authority is as broad as that of the trial court”…
Awaiting signature by the Governor is S5614 which adds a new section 235-h to the real property law and prohibits commercial leases from including a waiver of the right to a declaratory judgment action and states that the inclusion of such a waiver in a commercial lease shall be null and void as against public policy. As the Senate stated: "For the last 50 years, in cases where a landlord serves a commercial tenant with…
My mother Lila Probstein passed away at 94 so please excuse this form of notice as, between all the arrangements, I am unable to make the calls I would like to have made. We will be having a private grave site service  today with just myself and my children, Michael and Megan. Shiva is at my house, 21 Turn Lane, Levittown, NY, this afternoon from  3-8 and a memorial dinner will be held later in…
A New York bank account is transacting business. Skutnik v Messina, 2019 NY Slip Op 08725, Decided on December 4, 2019, Appellate Division, Second Department: “The plaintiff commenced this action to recover damages for breach of contract, alleging that the defendant failed to repay a loan made in 2002. The plaintiff allegedly funded the loan through multiple wire transfers into the defendant’s bank account in New York. The defendant moved, in effect, pursuant to CPLR…
The penal law has been amended to better protect tenants from the egregious misconduct of unscrupulous landlords by broadening the definition of the class E felony offense of Harassment of a Rent Regulated Tenant and by establishing a related class A misdemeanor offense in Article 241 of the Penal Law. A full copy of the bill, signed into law on Tuesday, as the “Tenant Protection Act of 2019”, can be found at https://www.nysenate.gov/legislation/bills/2019/s2605
Once again this homeowner defense prevails on appeal. HSBC Bank USA, N.A. v Sawh, 2019 NY Slip Op 08556, Decided on November 27, 2019. Appellate Division, Second Department: “On January 5, 2007, the defendant Vishnu Sawh (hereinafter the defendant) executed a note in the principal sum of $679,672. The note was secured by a mortgage on certain residential property located in South Ozone Park. The defendant allegedly defaulted by failing to make the monthly payment…
If the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity. HSBC Bank USA, N.A. v Branker 2019 NY Slip Op 08555 Decided on November 27, 2019 Appellate Division, Second Department: “In March 2013, the plaintiff commenced this action against, among others, the defendant Vista Holding, LLC (hereinafter the defendant). The defendant interposed an answer asserting various affirmative defenses. In January…
HSBC Bank USA, N.A. v Williams, 2019 NY Slip Op 08554, Decided on November 27, 2019, Appellate Division, Second Department: “On December 21, 2004, the defendant Kirk Williams executed a note in the amount of $399,000 in favor of Fremont Investment & Loan (hereinafter Fremont) and a mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Fremont. Williams defaulted on the note by failing to make the payment due on April 1,…
“On October 6, 1941, the House passed a joint resolution declaring the last Thursday in November to be the legal Thanksgiving Day. The Senate, however, amended the resolution establishing the holiday as the fourth Thursday, which would take into account those years when November has five Thursdays. The House agreed to the amendment, and President Roosevelt signed the resolution on December 26, 1941, thus establishing the fourth Thursday in November as the Federal Thanksgiving Day…