DOUGLAS GROSS

dgross@hgg.com

Member, New York Bar

Admitted to practice before U.S. Supreme Courts, U.S. Courts of Appeals for the Second, Fifth, Ninth and Eleventh Circuits, U.S. District Courts for the Southern and Eastern Districts of New York, the Eastern District of Michigan and the Northern District of Florida

J.D., Columbia University, 1980

B.A., cum laude, Yale University, 1976

Practice Areas: litigation | dispute resolution/ mediation | commercial law

Mr. Gross joined the firm in 1984. His varied 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 the firm, Mr. Gross helped obtain summary judgment on a securities fraud class action claim concerning alleged non-disclosure of a delay in NDA approval; with his partner David Birch, 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. At a previous 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.

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 is President of Washington Court Condominium and Vice President of, and general counsel to, the Village Alliance Business Improvement District.

Representative Cases:

In re 1633 Broadway Mars Restaurant Corp., 388 B.R. 490 (Bankr. Ct. S.D.N.Y. 2008);
Riklis v. Reese, 2007 WL 1946536 (S.D.N.Y. 2007);
In re Telcar Group, Inc., 363 B.R. 345 (Bankr. Ct. E.D.N.Y. 2007);
Total MRI Management, LLC v. Greenfield Imaging Assocs. Imaging LLP, 11 Misc.3d 1062(A), 2006 WL 626821 (Sup. Ct., Nassau Co. 2006);
Shreveport Plaza v. Dollar Tree Stores, Inc., 196 Fed. Appx. 320 (5th Cir. 2006);
Wollman v. Jocar Realty Co., Inc., 19 A.D.2d 210 (1st Dept. 2005);
LPP Mortgage, Ltd. v. Card Corp., 17 A.D.3d 103 (1st Dept. 2005);
Annodeus, Inc. v. Ciarkowski, 2004 WL 2066937, RICO Bus. Disp. Guide 10, 750 (S.D.N.Y. 2004);
Donald Yoo (New York) Corp. v. Laszlo N. Tauber, M.D. and Assocs., 281 A.D.2d 171 (1st Dept. 2001);
Helmsley-Spear, Inc. v. 150 Broadway N.Y. Assocs. L.P., 251 A.D.2d 285 (1st Dept. 1998);
Law v. Medco Research, Inc., 113 F.3d 781 (7th Cir. 1997);
Gaetano Marzotto & Figli S.P.A. v. Filene’s Basement, Inc., 213 A.D.2d 591 (2d Dept. 1995);
Barnum v. Millbrook Care Ltd. Partnership, 850 F.Supp 1227 (S.D.N.Y.) aff’d, 43 F.2d 1458 (2d Cir. 1994).

DOUGLAS GROSS

Douglas Gross: Hofheimer, Gartlir and Gross, serving New York City, New York