Category: New York Law

Poquee v Wheldon 2024 NY Slip Op 51245(U) Decided on September 5, 2024 Supreme Court, Albany County, Hartman, J., restates the well settled (and perhaps unfair) rule that a criminal defendant has no good claim against the defense attorney absent “actual innocence” which generally means acquittal, exoneration or reversal on appeal. Practitioners get a large…

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1532-1609 OCEAN AVE LLC v. HERTZAN, 2024 NY Slip Op 24180 – NY: City Court, Civil Court 2024: This is a nonpayment proceeding commenced against Dena Hertzan (“respondent”) on the basis of an unregulated lease agreement to pay rent in the amount of $1,800 per month commencing April 1, 2020 and expiring March 31, 2021….

Read More “A Lawyer’s Blog – Jon Michael Probstein, Esq.: LANDLORD TENANT LAW: STANDARD FOR COMMON LAW FRAUD RE: RENT STABILIZATION” »

The Appellate Division Second Department recently ruled that, under the procedure followed by objecting neighbors, the local Zoning Board of Appeals (“ZBA”) lacked jurisdiction to rule on the neighbors’ objection. In  Matter of Capetola v. Town of Riverhead, the Petitioners/Plaintiffs (“Petitioners”), who owned a property nearby the property in contention, had raised an issue as…

Read More “Appellate Division Finds ZBA Did Not Have Authority To Rule on Issue of Lot Area — New York Zoning and Municipal Law Blog — March 26, 2021” »

The walk and turn has over a hundred little steps, so even a 97% correct is a big fail. Police criteria on whether you pass or fail field sobriety is extremely subjective. What exactly is involved in the walk and turn test?Can we defend this test just based on common sense? Read on to see…

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Here’s a common scenario most face when they know of a deceased person who used to live in New York, moved out of the country, but still had a safety deposit box in the state: The deceased died in Ecuador. Years later, the family receive a letter from Chase Bank about the decedent’s two safety…

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Wrongful Death Process One of the first steps in the handling of a potential wrongful death case in New York is to confirm that there has been a death caused by wrongful conduct. There must be survival by distributees who have suffered pecuniary loss, which means that if none of the decedent’s survivors relied on…

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Slip and fall accidents can be more complicated than they first appear, especially when it comes to determining liability. In Westchester County, like many other areas, the law allows for shared liability in certain slip and fall cases. This means that even if you, as the victim, are partially responsible for your injury, you may…

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The New York Court of Appeals, in an action challenging the issuance of a use variance, clarified the application of the “relation back doctrine” to allow an amended petition adding a necessary party, after expiration of the statute of limitations. In Matter of Joseph Nemeth v. K-Tooling https://www.nycourts.gov/reporter/3dseries/2023/2023_05349.htm the Court found, omitting the owner of…

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We can always live vicariously through celebrities, even when they divorce. This week,it was reported that Tom Middleditch of Silicon Valley fame was ordered to pay his ex-wife more than $2.6 million in their divorce settlement. Not too shabby, considering thewere only married for four years.Another couple that we vicariously watch to see how the…

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On Friday (Dec. 15) the flamboyant lawyer, Richard A. Luthmann Jr., was arrested on charges of defrauding buyers of scrap metal. Justice Judith P. McMahon’s lawyer is attempting to use Luthmann’s bombshell arrest to discredit whistleblower Michael Pulizotto, who is the main witness against his client. Luthmann had been representing Pulizotto in a libel lawsuit…

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