Karen M. Lager and Anna Mandel of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C.’s New York City office secured a pre-answer dismissal of a third-party Complaint filed against a title agent in connection with the purchase and sale of a six-unit apartment building in Brooklyn, New York.  The third-party plaintiff, the seller of the property, sued the title agent on a negligence theory, for alleged failure to perform certain New York City Housing Preservation and Development violations searches up to the time of closing, and for other alleged failures.  The movants argued, among other things, that, pursuant to CPLR § 3211, the third-party plaintiff failed to state a claim upon which relief may be granted as against the title agent as the tile agent did not owe a duty to the seller of the property.  Following oral argument, Hon. Debra Silber of New York State Supreme Court, Kings County, granted MOODK’s motion and dismissed the third-party action as to the title agent on the grounds that, among other things, there was no contractual privity between the seller and the title agent, and the title policy omitted work performed on the property by the Housing Preservation and Development Department.