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.

Latest from The Law Offices of Jon Michael Probstein - Page 2

Here the “return” was in 17 days. Elena v. Milo Mgmt. LLC, NYLJ April 22, 2021, Date filed: 2021-03-18, Court: City Court, Westchester,   Judge: Judge Karen Best, Case Number: SC-0002-21: “On March 10, 2021, this court conducted a full trial on all issues pertaining to the complaint in this action. The Court listened to testimony, and considered other evidence presented by both parties hereto. The plaintiff testified that the defendant failed to return the full…
They bought a house together as tenants in common. One party owned 1/3, the other 2/3 and after they closed, they divided the home into 2 units…but disputes began regarding the common areas.  XING NG v. NG, 2021 NY Slip Op 31289 – Kings Co. Supreme Court 2021: “It is well-settled that one who holds an interest in real property as a tenant in common may maintain an action for the partition of the property…
CIT BANK NA v. Schiffman, 2021 NY Slip Op 1933 – NY: Court of Appeals March 30, 2021: “The second certified question asks whether RPAPL 1306 requires that a lender’s filing include information about all borrowers on a multi-borrower loan. RPAPL 1306 provides that as a “condition precedent” to commencing a foreclosure action, “[e]ach lender, assignee or mortgage loan servicer” file with the superintendent of financial services “within three business days of the mailing of…
  CIT BANK NA v. Schiffman, 2021 NY Slip Op 1933 – NY: Court of Appeals March 30, 2021: “FAHEY, J. (concurring): The Second Circuit has certified to us a question regarding the showing required to rebut the presumption of receipt created by proof of a standard office mailing procedure (see 948 F3d 529, 538 [2d Cir 2020]). As the majority notes (majority op at 4 n), the Second Circuit has not asked this…
CIT BANK NA v. Schiffman, 2021 NY Slip Op 1933 – NY: Court of Appeals March 30, 2021: “We begin with the first question concerning the showing necessary to rebut the presumption created by proof of a standard office mailing procedure in the section 1304 context. RPAPL 1304(1) provides that “with regard to a home loan, at least ninety days before a lender, an assignee or a mortgage loan servicer commences legal action against the…
Imagine this: you live in an apartment building in NYC and there is a tenant on a floor who refuses to wear a mask all the time, has a barking/accident prone dog who is sometimes unleashed in the building and maybe smokes pot (the tenant not the dog). Many would call this a typically NYC day in a typical NYC dwelling but to luxury housing, with a moratorium on evictions and where sale units go…
Nassau County residents who are struggling with mortgage foreclosure issues are invited to attend FREE, socially distant Mortgage Foreclosure Clinics at the Nassau County Bar Association (NCBA) in Mineola where they can meet with a volunteer attorney. Residents may also request an attorney who speaks a different language if they wish. Monday, April 19, 2021 3:00 PM to 5:30 PM FACE MASKS/COVERINGS ARE REQUIRED. **Attorneys will not provide free legal representation. SPACE IS LIMITED. Registration…
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