Brogan v. Rosenn, Jenkins & Greenwald

NEALON, J.,

In this civil action filed by property owners against their former counsel, title searcher and title insurance company for damages related to the landowners’ purchase of real estate that, unbeknownst to them, was encumbered by a recorded *502utility easement and accompanying building restriction, the former counsel and title insurer have filed motions for summary judgment. The defendant attorneys concede their negligence in failing to discover the duly filed utility easement prior to the closing, but contend that the property owners cannot recover damages from them since the property…