183 F.3d 97 (2nd Cir. 1999), 98-7935, Scott v Real Estate Finance Group

Docket Nº:Docket No. 98-7935
Citation:183 F.3d 97
Party Name:ROBERT J. SCOTT and JONATHAN C. SCOTT, Plaintiffs-Appellants, v. REAL ESTATE FINANCE GROUP, Defendant, ERA GATEWOOD REALTY, INC. and IRA SIMONOFF, Defendants-Cross-Claimants-Third- Party Plaintiffs-Appellees, AA PREMIER REALTY, LTD., doing business as Remax Premier Realtors and Rose Petrokiewicz, REMAX PREMIER REALTORS, INC. and ROSE PETROKIEWICZ,
Case Date:July 09, 1999
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 97

183 F.3d 97 (2nd Cir. 1999)

ROBERT J. SCOTT and JONATHAN C. SCOTT, Plaintiffs-Appellants,

v.

REAL ESTATE FINANCE GROUP, Defendant,

ERA GATEWOOD REALTY, INC. and IRA SIMONOFF, Defendants-Cross-Claimants-Third- Party Plaintiffs-Appellees,

AA PREMIER REALTY, LTD., doing business as Remax Premier Realtors and Rose Petrokiewicz, REMAX PREMIER REALTORS, INC. and ROSE PETROKIEWICZ, Third Party-Defendants.

Docket No. 98-7935

United States Court of Appeals, Second Circuit

July 9, 1999

Argued: March 26, 1999

Appeal from order of the United States District Court for the Eastern District of New York (Spatt, J.) that granted partial summary judgment dismissing plaintiffs' claims against certain defendants and denied plaintiffs' request for partial summary judgment.

Affirmed in part, reversed and remanded in part.

Page 98

JONATHAN C. SCOTT, pro se, (Bernard L. Burton, Melville, N.Y., on the brief) for Appellants.

JOSEPH A. DELISO, New York, N.Y., for Defendants-Appellees.

Before: FEINBERG, PARKER, and POOLER, Circuit Judges.

POOLER, Circuit Judge:

Jonathan and Robert Scott, who are brothers, sued several defendants including ERA Gatewood Realty, Inc. ("Gatewood") and broker Ira Simonoff, alleging that the defendants violated the federal Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §§ 1681, 1681a-1681u, as well as New York's Fair Credit Reporting Act ("NYFCRA"), N.Y. Gen. Bus. L. §§ 380, 380-a-380-s. The Scotts claimed that Gatewood and Simonoff obtained and used their credit reports without proper notice or authorization and by means of false pretenses. The United States District Court for the Eastern District of New York (Spatt, J.) granted summary judgment in favor of Gatewood and Simonoff and denied plaintiffs' motion for summary judgment. See Scott v. Real Estate Finance Group, 956 F.Supp. 375, 386 (E.D.N.Y. 1997). We affirm in part and reverse in part.

BACKGROUND

In April 1995, the Scotts looked at a house that Gatewood had listed for rental. Simonoff, a Gatewood broker, showed the house, and Rose Petrokiewicz, a broker with AA Premier Realty, Ltd., accompanied the Scotts. The Scotts offered slightly less than the owners' asking price for the rental house. Both Scott brothers and Petrokiewicz testified that after the Scotts made their offer, Simonoff asked them for certain background information. According to the Scotts, Jonathan responded to Simonoff's request for Jonathan's social security number by telling Simonoff he was not authorized to make a credit check, and Robert added that he also did not want his credit checked. Jonathan Scott claimed that Simonoff assured him that he would not run a credit check, and both brothers testified that they understood Simonoff would not check their credit. Petrokiewicz corroborated the brothers' account. However, Simonoff testified that he informed the brothers that the owner required a credit check and that one of the brothers merely requested "that if at all possible," the broker not run a credit check.

Simonoff claimed that he contacted the owners after meeting with the Scotts and conveyed the Scotts' offer along with another offer. The owners allegedly insisted on credit checks. Therefore, Simonoff asked Peter Visconti, a partner in former defendant Real Estate Finance Group ("REFG"), to check the Scotts' credit. According to Visconti, Simonoff claimed to have written authorizations from the Scotts, which plaintiffs say was not true. Visconti obtained reports on the Scotts by falsely...

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