Brett A. Scher

Practice Details

• Payment Information
  Payment & Cost Features

  Free initial consultation
  Fixed hourly rates
  
• Firm Information
  Position

  Partner

  Firm Name

  Kaufman Dolowich LLP
• Representative Cases & Transactions
  Cases

  Experience: Representative Litigation: Fern
  ez v. Silverberg, (N.Y. Supreme Court, Queens Co., August 17, 2016) - Summary judgment granted to attorney on a legal malpractice claim based upon the submission of evidence proving that the plaintiff could not have prevailed in an underlying sidewalk defect lawsuit against the City of New York as a result of a lack of notice.
  Wenning v. On-Site Manager (U.S District Court, S.D.N.Y. July 8, 2016) - Summary judgment granted to tenant screening company on claims brought under the Fair Credit Reporting Act.
  Evart v. Shapiro Beilly & Aronowitz, LLP, 127 A.D.3d 409 (1st Dep't 2015) - Affirming motion court's dismissal of legal malpractice claim based upon application of collateral estoppel.
  Dulmovits v. Hayes, (N.Y. Supreme Court, Suffolk Co., August 19, 2013) - Summary judgment granted to law firm in case alleging the firm negligently allowed a real estate closing to proceed without a certificate of occupancy in place where evidence
  testimony established that escrow funds taken from the seller at closing were sufficient to remedy defects
  secure a certificate of occupancy.
  Cole v. Baum, (U.S District Court, S.D.N.Y. July 11, 2013) - Motion to dismiss granted in class action litigation against a foreclosure law firm under the Fair Debt Collection Practices Act
  New York State General Business 349 based upon the argument that the plaintiffs impermissibly asserted claims based solely upon a technical violation of state court procedural rules
  regulations.
  Kosmidis v. Vasilatos (N.Y. Supreme Court, Queens Co., June 13, 2013) - Motion to dismiss granted in a legal malpractice action based upon the showing that the plaintiff lacked st
  ing to assert claims against the law firm as a result of plaintiff's failure to disclose a purported claim in prior bankruptcy court filings.
  Fielding v. Kupferman, 104 A.D.3d 580 (1st Dep't 2013) - Affirming lower court's grant of summary judgment to the defendant attorney based upon submission of evidence establishing that the attorney provided proper legal advice that was financially advantageous to plaintiff
  that plaintiff could not demonstrate proximately caused damages as he could not show that he would have reached a better settlement or outcome at trial in the underlying matrimonial litigation.
  Dong v. Hai, 108 A.D.3d 599 (2nd Dep't 2013) - Affirming dismissal of defamation claim against the attorney based upon the argument that the plaintiffs failed to plead a prima facie case as a matter of law because they could not establish that defamatory statements were 'of
  concerning' them.
  Bisogna v. Borsa, 101 A.D.3d 780 (2nd Dep't 2012) - Affirming grant of motion to dismiss in a defamation claim based upon the argument that the alleged libelous statements concerning the opposing counsel were made in the course of judicial
  quasi-judicial proceedings
  , as a matter of law, subject to absolute privilege.
  DiGiacomo v. Levine, 2010 N.Y. Slip Op 06566 (2d Dep't September 14, 2010) - Secured dismissal of a legal malpractice claim on motion to dismiss based upon the argument that the dismissal of underlying action due to the successor counsel's failure to appear for jury selection precluded any possibility of a finding that errors committed during the first attorney's representation of the plaintiff were the proximate cause of any damages.
  Decker v. Nagel Rice LLC, (U.S. Dist. Ct. S.D.N.Y. May 28, 2010) - Secured dismissal on a 12(b)(6) motion of class action legal malpractice complaint claiming that the law firm defendants were responsible for the dismissal of multiple defendants from underlying action
  a reduction in settlement was obtained by the plaintiffs as a result.
  Ferri v. Berkowitz, (U.S. Dist. Ct. E.D.N.Y. August 25, 2009) - Secured dismissal of a claim by a lender against a home appraiser alleging that the appraiser fraudulently over-valued commercial property as part of his participation in a Racketeer Influenced
  Corrupt Organizations Act conspiracy with the seller.
  Hass & Gottlieb v. Lee, 55 A.D.3d 433, 866 N.Y.S.2d 72 (1st Dep't 2008) - Affirming jury verdict on a legal malpractice claim after a six-day trial based upon the trial court's acceptance of credibility of attorney-defendant
  cross-examination, establishing that the plaintiffs' testimony was contradictory
  not credible.
  Kristina Denise Enters., Inc. v. Arnold, 41 A.D.3d 788, 838 N.Y.S.2d 667 (2d Dep't 2007) - Affirming summary judgment on accountant's malpractice claim based upon showing that the plaintiff's injuries were proximately caused by its 'financial distress
  inability to meet tax obligations'rather than the alleged malpractice of defendants.
  Mars v. Grant, 36 A.D.3d 561, 830 N.Y.S.2d 32 (1st Dep't 2007) - Affirming dismissal on motion to dismiss of Judiciary Law 487 claim based upon an allegation that adverse court rulings in an underlying matrimonial action were based on acts of deceit by the defendant attorneys.
  Schick v. Berg, 430 F.3d 112 (2d Cir. 2005) - Obtained summary on legal malpractice/breach of fiduciary duty claims against the class action counsel based upon lack of duty owed to putative class members prior to certification
  after class settlement.
  Wells Fargo Home Mortg., Inc. v. Zeichner, Ellman & Krause, LLP, 5 A.D.3d 128 (1st Dep't 2004) - Affirming dismissal of a multi-million dollar legal malpractice claim as time-barred, rejecting the plaintiff's continuous representation argument despite the attorneys' continued representation of the plaintiff on new matters.
• Additional Links
  http://kdvlaw.com/professional/brett-scher/