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McLaughlin & Stern Secures Major Victory in New York Court of Appeals for Midtown Manhattan Property

Thu 3 April 2025 News & Press

March 20, 2025 – New York, NY – McLaughlin & Stern, LLP is pleased to announce a significant win in the New York Court of Appeals in Golobe v. Mielnicki, a property dispute concerning a valuable building located at 265 West 30th Street in midtown Manhattan. The Court’s decision, handed down today, affirms summary judgment for McLaughlin & Stern’s client and confirms his 100% ownership of the property, under the doctrine of adverse possession. 

The case was argued before the Court by firm partner John M. Brickman in February. In a 6-1 decision authored by Chief Judge Rowan D. Wilson, the Court held that the client’s claim to the property was legally sound, notwithstanding a 1992 heirship investigation—conducted by other attorneys—that failed to identify a co-owner.

The Court emphasized the strength of the adverse possession claim, noting that McLaughlin & Stern’s client had maintained exclusive, open, and notorious control of the building for well over two decades. 

With the Court of Appeals’ ruling, McLaughlin & Stern’s client is now free to sell or transfer the building without interference or competing claims—bringing closure to a decades-long cloud over title.

“This decision represents a complete vindication of our client’s rights,” said John Brickman, who led the litigation effort.  “The Court’s opinion affirms that possession and stewardship over time can—and should—trump decades-old uncertainty.  We’re proud to have helped secure long-overdue clarity and justice.” 
 
McLaughlin & Stern partner Andrew Luskin and former colleague Ben Kaplan played instrumental roles in the litigation, contributing to legal strategy and briefing.

This outcome highlights McLaughlin & Stern’s deep experience in high-stakes real estate litigation and its ability to navigate complex historical and legal terrain on behalf of clients.