|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.
Berlinghof v. Long Island Fiber Exchange, Inc., 2014 WL 2598444 (Sup. Ct. Suffolk Co. 2014) (post trial
In re 1633 Broadway Mars Restaurant Corp., 388 B.R. 490 (Bankr. Ct. S.D.N.Y. 2008) (upholding “Chapter 22”