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McLaughlin & Stern Secures Victory in Title Insurance and Mechanic’s Lien Foreclosure Case

Mon 25 March 2024 News & Press

New York, NY –McLaughlin & Stern, LLP today announced it has won two critical decisions in its Real Estate Title Litigation practice: an appellate decision confirming its client’s title to real property in a complex quiet title action and a decision after trial dismissing a mechanic’s lien foreclosure claim against another of its clients. The two decisions help solidify McLaughlin & Stern’s status as a leader in real estate and real estate title litigation.

In the first case, the Appellate Division, Second Department, affirmed summary judgment dismissing a case against McLaughlin & Stern’s client, a real estate purchaser in Brooklyn, and granting summary judgment to McLaughlin& Stern’s client on its counterclaim to quiet title, confirming the client as the rightful owner of the contested property. The court’s decision highlighted the plaintiff’s testimony as “demonstrably false” on pivotal issues, which came to light only after McLaughlin & Stern conducted a meticulous investigation into the history of the plaintiff and its prior transactions.

In the second case, McLaughlin & Stern secured a dismissal after trial from the Suffolk County Supreme Court of a mechanic’s lien foreclosure claim brought against its client, who had purchased the property in question after the lien was filed. Despite the ongoing action, the notice of pendency filed to secure the mechanic’s lien lapsed prior to the firm’s client purchasing the property and was not reinstated until after the purchase. Accordingly, the Court held that the mechanic’s lien was not enforceable against the client’s property. 

In each of the two cases, McLaughlin and Stern was retained by its clients’ title insurance underwriter to represent the clients/insureds in the respective actions. Todd Harris Hesekiel, Esq., a partner at McLaughlin & Stern who regularly handles real estate and title insurance litigation matters, said, “These wins are testaments to our unwavering commitment to our clients and the meticulous, strategic approach we bring to each case. The decisions not only affirm our client’s rightful, unencumbered ownership in each case, but also reinforce the importance of precise legal navigation in real estate transactions. We are proud to have delivered such favorable outcomes for our clients and to demonstrate once again the depth of our expertise in real estate and real estate title litigation.”

About McLaughlin & Stern

McLaughlin & Stern, established in 1898, is one of New York’s most distinguished law firms. The firm provides a diverse range of sophisticated legal services to businesses and individuals and has particular expertise in corporate, securities, mergers and acquisitions, hedge funds, corporate finance, litigation and alternative dispute resolution, employment law, trusts and estates, real estate, intellectual property, bankruptcy and reorganization, tax, family and matrimonial law, health care law, art law, environmental law, maritime law, international law, and other private client matters. 

For more information about McLaughlin & Stern and their legal services, please visit their website at www.mclaughlinstern.com.