Douglas Gross

712200717251841august

CONTACT
Phone: (212) 695-8100
Fax: (212) 629-4013
E-mail: dgross@goetzfitz.com

PRACTICE AREAS
Commercial Litigation

Real Estate

EDUCATION
J.D., Columbia University
B.A., Yale University

ADMISSIONS
New York
U.S. Supreme Court
Second Circuit Court of Appeals
Third Circuit Court of Appeals
Fifth Circuit Court of Appeals
Ninth Circuit Court of Appeals
U.S. District Court, SDNY
U.S. District Court, EDNY
U.S. District Court, E. Michigan
U.S. District Court, N. Florida

PROFESSIONAL AFFILIATIONS
New York State Bar Association
New York City Bar Association

Douglas gross’s litigation practice includes contractual and licensing disputes, patent and trademark litigation, insurance coverage issues, anti-trust matters, securities fraud litigation, bankruptcy matters, professional malpractice, foreclosures, suits on debt instruments, civil forfeiture, civil RICO, brokerage claims, enforcement of judgments, fraudulent conveyances, title disputes, estate litigation and condemnation. He practices in New York State courts, federal courts and bankruptcy courts.

While at his previous firm, Mr. Gross helped obtain summary judgment on a securities fraud class action claim concerning alleged non-disclosure of a delay in NDA approval; successfully defended an arbitration claim that a pharmaceutical company had breached its obligation to develop the inventor’s patents; successfully defended a retirement community developer from multiple contractual claims and claims of civil fraud; established the right of a major commercial tenant to sue for fraud in the inducement based on misrepresentations made by the landlord; obtained a condemnation judgment after trial of $1,000,000 more than the amount offered by the State; caused the dismissal of Federal class action claims brought by investors in a master limited partnership; established the right to sue the guarantors of the mortgage debt after the mortgagor has filed in bankruptcy; caused the dismissal of two attempts to remove the fiduciaries of a $360,000,000 estate; and obtained multi-million dollar judgments for creditors in numerous actions upon loan documents. He has successfully opposed dismissal of a Chapter 11 proceeding, successfully thwarted a bankruptcy settlement, prevailed in suits brought against his client by real estate brokers and successfully defended against the title claims. As an associate at his initial law firm, Mr. Gross helped establish the right of the mentally ill homeless to sue the State of New York for housing (Klosterman v. Cuomo, 61 N.Y.2d 525 (1984)) and obtained summary judgment dismissing antitrust and implied right of action claims. (Century Air Freight, Inc. v. American Airlines Inc., 597 F.Supp. 564 (S.D.N.Y.) aff’d, 738 F.2d 418 (2d Cir.), cert. denied, 469 U.S. 1073 (1984)).

Upon graduation from law school, Mr. Gross became a law clerk to the Honorable Leonard I. Garth, Judge, U.S. Court of Appeals for the Third Circuit. While at Columbia Law School, Mr. Gross was an Articles Editor of the Columbia Law Review, a Harlan Fiske Stone Scholar (1977-1978, 1979-1980) and a James Kent Scholar (1978-1979). He received the Charles Beck Prize in Property Law in 1978. He has been named a Super Lawyer and is AV rated by Martindale Hubbell.

Mr. Gross is a member of The Association of the Bar of the City of New York and New York State Bar Association. His articles have appeared in the Columbia Law Review and Notre Dame Law Review. He was President and currently is Vice President of the Washington Court Condominium and Vice President of, and general counsel to, the Village Alliance Business Improvement District. He is a member of the Roster of Neutrals, New York Supreme Court, Commercial Division.

Representative Cases:

Berlinghof v. Long Island Fiber Exchange, Inc., 2014 WL 2598444 (Sup. Ct. Suffolk Co. 2014) (post trial
decision awarding $2,000,000 in severance)
Perkumpulan Investor Crisis Center Dressel = WBG v. Mining Claims,
2013 WL 2445156; 2013 WL 4010210 (D. Utah 2013) (granting remand to state court and awarding attorneys’ fees)
Cohen & Co., Inc. v. Marvin L. Lindner Associates, 2012 WL 6593830 (Sup. Ct. N.Y. Co. 2012)
(granting motion to dismiss claim by broker for commission)
Dow Corning Corp. v. Xiao, 2011 WL 2015517 (E.D. Mich. 2011)(dismissing trademark claims);
Augustine v. Bank United FSB, 75 A.D.3d 596 (2d Dept. 2010)(upholding validity of deed and mortgage);

In re 1633 Broadway Mars Restaurant Corp., 388 B.R. 490 (Bankr. Ct. S.D.N.Y. 2008) (upholding “Chapter 22”
filing);
Riklis v. Reese, 2007 WL 1946536 (S.D.N.Y. 2007)(upholding diversity jurisdiction);
In re Telcar Group, Inc., 363 B.R. 345 (Bankr. Ct. E.D.N.Y. 2007) (setting aside bankruptcy settlement);
Total MRI Management, LLC v. Greenfield Imaging Assocs. Imaging LLP, 11 Misc.3d 1062(A), 2006 WL 626821
(Sup. Ct., Nassau Co. 2006)(refusing to vacate settlement);
Shreveport Plaza v. Dollar Tree Stores, Inc., 196 Fed. Appx. 320 (5th Cir. 2006)(upholding tenant’s notice of non-
renewal);
Wollman v. Jocar Realty Co., Inc., 19 A.D.2d 210 (1st Dept. 2005)(denying appellant’s collateral attack on
bankruptcy reorganization plan);
LPP Mortgage, Ltd. v. Card Corp., 17 A.D.3d 103 (1st Dept. 2005)(upholding due execution of note and mortgage);
Annodeus, Inc. v. Ciarkowski, 2004 WL 2066937, RICO Bus. Disp. Guide 10, 750 (S.D.N.Y. 2004)(denying motion
to dismiss RICO claim);
Donald Yoo (New York) Corp. v. Laszlo N. Tauber, M.D. and Assocs., 281 A.D.2d 171 (1st Dept. 2001)(dismissing
brokerage claim of real estate broker);
Helmsley-Spear, Inc. v. 150 Broadway N.Y. Assocs. L.P., 251 A.D.2d 285 (1st Dept. 1998) (dismissing
brokerage claim of real estate broker);
Law v. Medco Research, Inc., 113 F.3d 781 (7th Cir. 1997)(upholding dismissal of securities class action);
Gaetano Marzotto & Figli S.P.A. v. Filene’s Basement, Inc., 213 A.D.2d 591 (2d Dept. 1995)(reversing grant of
summary judgment for account stated;
Barnum v. Millbrook Care Ltd. Partnership, 850 F.Supp 1227 (S.D.N.Y.) aff’d, 43 F.3d 1458 (2d Cir. 1994)(granting
motion to dismiss third-party beneficiary claims).