New York, New York
P: 212-661-2900
F: 212-661-9397
mgould@kandfllp.com

Michael A. Gould

Associate

Michael Gould’s practice focuses on real estate related litigation, primarily on behalf of mortgage lenders and other secured and unsecured creditors. Michael’s extensive background includes over 30 years of experience in real estate conveyancing, mortgage lending and loan workouts, giving him the experience to prosecute mortgage foreclosures and other civil litigation to conclusion, conducting bench trials and prosecuting and defending appeals in the Appellate Term and Appellate Division. Mr. Gould has served as a foreclosure referee and receiver, as well as an arbitrator in the Civil Court of New York County, Small Claims Division.

Published Decisions

  • Hudson River Park Trust v. Basketball City USA, LLC, 22 A.D.3d 422, 803 N.Y.S.2d 58 (1st Dept. 2005) (Writ of assistance pursuant to RPAPL §221 was held applicable in a non- foreclosure context, i.e., a suit for declaratory judgment).
  • Board of Managers of Kingsley Condominium v. Villinvestment A.V.V., et. al., New York Law Journal, August 27, 2003, Section 2, page 1 (A condominium’s time to exercise its right of first refusal commences when the managing agent, not the condominium board, receives its application “package” from the purchaser).
  • 766 Miller Lend LLC v. Flamingo Funding Inc., et. al., 2015 Slip Op. 31220(U), 2015 WL 4273105 (Supreme Court, Kings County 2015) (Foreclosure receiver appointed without showing that the property was at risk; ex parte application satisfies one-year limitation of CPLR §3215(c), sanctions awarded).
  • Manufacturers and Traders Trust Company v. Consolidated Beverage, Inc., et. al., New York Law Journal, January 13, 1999, page 26, col. 4 (“Racism” can not be asserted as an affirmative defense to a mortgage foreclosure).
  • Brooks Parker v. 304 East 73rd Street Corp., et. al., 241 A.D.2d 361, 661 N.Y.S.2d 1 (1st Dept. 1997) (“Yellowstone” relief ordered after cooperative corporation threatened to terminate 19 proprietary leases, based upon “stale” notice to cure).
  • East New York Savings Bank v. Austin Mall Associates, et. al., 224 A.D.2d 652, 638 N.Y.S.2d 730 (2nd Dept. 1996) (In the Second Department, commercial tenants are indispensable parties to a mortgage foreclosure).
  • Eastrich Multiple Investor Fund, LP v. Citiwide Development Associates, et. al., 218 A.D.2d 43, 637 N.Y.S.2d 712 (1st Dept. 1996) (Receivers in the First Department are entitled to five percent of receipts, regardless of amounts disbursed). Discussed in Carmody-Wait 2d §83-77 and 91 N.Y.Jur.2d, Receivers §55.
  • East New York Savings Bank v. 924 Columbus Associates, LP, et. al., 216 A.D.2d 118, 628 N.Y.S. 2d 642 (1st Dept. 1995) (Interference with rents by a third party is not a defense to a mortgage foreclosure).
  • Carlos Castro v. East New York Savings Bank, et. al., New York Law Journal, August 17, 1994, page 23, col. 4 (A mortgagee out of possession is not liable for lead paint injuries in mortgaged premises).
  • East New York Savings Bank v. 520 W. 50th St., Inc., et. al., 160 Misc.2d 789, 611 N.Y.S.2d 459 (Supreme Court, New York County 1994) (Pursuant to Real Property Law §291-f a cooperative corporation can not lower maintenance during the pendency of a foreclosure). Discussed in Official Commentary to CPLR §1325 and RPL §291-f.
  • Central Federal Savings, FSB v. Tides Edge Corporation, et. al., 151 A.D.2d 741, 542 N.Y.S.2d 763 (2nd Dept. 1989) (usurious contacts are valid against corporations; banks can not be charged with criminal usury; transactions exceeding $2,500,000.00 are exempt from usury statutes).

Areas of Practice

  • Litigation

Bar Admissions

  • New York
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York
  • U.S. District Court Western District of New York
  • U.S. District Court of Colorado

Education

  • Washington and Lee University
    • J.D., 1984
  • Trinity College
    • B.A. with Honors, 1981

Professional Associations and Memberships

  • Pro Bono Arbitrator, Civil Court of the City of New York, County of New York, Small Claims Division
  • Certified Rule 36 receiver/referee
  • Judge at Froessel and Wagner Moot Court Competitions, New York Law School