Michael A. Gould

Associate
Direct 646-454-4132 Fax 212-661-9397
mgould@kandfllp.com
  • Bankruptcy and Creditors’ Rights
  • Commercial Litigation
  • Commercial Real Estate Lending
  • Commercial Real Estate Transactions
  • Distressed Debt Transactions
  • Foreclosure
  • Office, Retail, and Industrial Leasing
Overview Published Decisions Professional Experience

Overview

Michael Gould is an Associate in K&F’s Litigation Group. His 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 skillfully prosecute mortgage foreclosures and other civil litigation to conclusion.

Experienced in appellate advocacy, Michael has numerous published decisions and has experience conducting bench trials and prosecuting and defending appeals in the Appellate Term and Appellate Division. Michael has served as a foreclosure referee and receiver, as well as an arbitrator in the Civil Court of New York County, Small Claims Division.

Michael has served as a Pro Bono Arbitrator in Civil Court of the City of New York, Small Claims Division and is a certified Rule 36 receiver and referee.

Published Decisions

  • 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).
  • 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).
  • 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 $2.5MM are exempt from usury statutes).

Professional Experience

  • 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

Education

Washington and Lee University School of Law, J.D.

Trinity College, B.A., History with Honors

Admissions

  • State of 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