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

A delay in seeking justice can result in a denial of justice. ALROSE STEINWAY, LLC v. JASPAN SCHLESINGER, LLP, 2021 NY Slip Op 30620 – NY Co: Supreme Court March 5, 2021: “CPLR 3103 provides that “[t]he court may … make a protective order denying, limiting, conditioning, or regulating the use of any disclosure device. Such order shall be designated to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the…
Plaintiffs commenced this action to quiet title to the property seeking to set aside a certain alleged fraudulent deed recorded against her property 18 years earlier. Torres v. EQUITY HOLDINGS LLC, 2021 NY Slip Op 31031 – Kings Co. Supreme Court March 30, 2021: “Equity’s motion to dismiss the complaint as time-barred by the ten-year statute of limitations is denied, pursuant to the Court of Appeals’ holding in Faison v Lewis (25 NY3d 220, 226
New York has intended to protect consumers from forgetting about an automatic renewal clause. For certain agreements for service, maintenance or repair to or for any real or personal property, New York’s General Obligations Law § 5-903 requires a specific reminder notice before renewal. Protections have now been extended to other consumer agreements with a new Article 29-BB of the General Business Law effective February 9, 2021. According to the legislative history (S1475A/A3173): "An increasing…
The Child-Parent Security Act (the CPSA) became effective on February 15, 2021 and can be found in Article 5-C of the Family Court Act.  Section 581-402 of the CPSA, entitled “Eligibility to enter surrogacy agreement” provides at paragraph (a) (6) as follows: “(6) the person acting as surrogate, and the spouse of the person acting as surrogate, if applicable, have been represented throughout the contractual process and the duration of the contract and its execution by…
EPTL 4-1.4 provides: “a) No distributive share in the estate of a deceased child shall be allowed to a parent if the parent, while such child is under the age of twenty-one years: (1) has failed or refused to provide for the child … whether or not such child dies before having attained the age of twenty-one years, unless the parental relationship and duties are subsequently resumed and continue until the death of the child.”…
Matter of S.M. v. L.M., NYLJ| April 09, 2021, Date filed: 2021-03-19, Court: Family Court, Nassau, Judge: Judge Linda Mejias: “It is unrefuted that the Petitioner failed to comply with Article XXX of the Stipulation, which requires proper notice of any alleged default in the parties’ custody arrangement to be sent in writing to the defaulting party, and served by mail, return receipt requested, within twenty (20) days of said default. Though the provision does…
The Virtual Evidence Courtroom (VEC) has been created to allow for the submission of evidence electronically in NYSCEF cases for virtual and hybrid trial settings Currently, the VEC functionality is available solely for matrimonial matters in Supreme Civil court and only to parties participating in NYSCEF  Instructions can be found at this link:  https://iappscontent.courts.state.ny.us/NYSCEF/live/help/EvidenceSubmission.pdf From http://jmpattorney.blogspot.com/…
On March 12, 2021, Governor Cuomo signed legislation providing all public and private employees in New York up to four hours of paid leave per vaccine injection to obtain a COVID-19 vaccine. Is 4 hours enough time? That would depend on when and where you are getting the vaccine which hopefully will expand further, Section 196-C Labor Law: “1. Every employee shall be provided a paid leave of absence from his or her employer for…
In contracts, especially divorce agreements, the devil is in the details. DENATALE v. DENATALE, 2021 NY Slip Op 50247 – Nassau Supreme Court January 15, 2021: “….In the case of Beekman-Ellner v. Ellner, 296 AD2d 404 (2d Dept. 2002), the Appellate Division upheld the decision of the Family Court which terminated child support “[s]ince the parties’ child enrolled in full-time training duty at the U.S. Naval Academy at Annapolis and his life at Annapolis was…