Barbara DeCrow Goldberg is a Partner and Head of the Firm’s Appellate Department. Ms. Goldberg is well known for her appellate expertise in high exposure and complex cases and has handled hundreds of significant motions and appeals in State and Federal Courts. She is noted for several important decisions in the areas of medical malpractice, negligence, workers compensation and labor law, including, Arons v. Jutkowitz, 8 N.Y.3d 393 (2007)(holding that plaintiffs could be compelled to authorize defense counsel to conduct ex parte, off-the-record interviews with non-party treating physicians); French v. Schiavo, 63 A.D.3d 403 (1st Dept. 2009)(allowing $3 million in collateral source set-offs based on past and future disability payments); DeCrescenzo v. Gonzalez, 46 A.D.3d 607 (2nd Dept. 2007)(reversing $14 million judgment and ordering new trial based on trial court’s disparate treatment of parties and allowing use of juror affidavits to correct error by jury in recording verdict); Lee v. Astoria Generating Co., L.P., 13 N.Y.3d 382 (2009)(holding that the plaintiff’s Labor Law claims were pre-empted by the Longshore and Harbor Workers’ Compensation Act); and Castro v. United Container Machinery Group, Inc., 96 N.Y.2d 398 (2001)(adopting strict interpretation of “grave injury” under Workers’ Compensation Law § 11). Ms. Goldberg is also known for her expertise regarding New York’s structured judgment provisions, CPLR Articles 50-A and 50-B.

 

Prior to re-joining the Firm she was a Partner with Mauro Goldberg & Lilling LLP. She was also associated with Herzfeld & Rubin, P.C. and served as an Assistant District Attorney in Queens County where she worked in the Appeals Bureau.

 

Ms. Goldberg is a member of the OCA’s Advisory Committee on Civil Practice. She has published in the areas of medical malpractice, post-verdict practice and appellate practice, as well as lectured at continuing legal education programs and educating industry professionals and attorneys regarding the current CPLR Article 50-A. She has previously served as Chairperson of the Appellate Advocacy Committee of the New York County Lawyers’ Association, and is a member of the New York State Medical Defense Bar Association.

 

 Ms. Goldberg received her JD, cum laude, from Boston University School of Law and her B.A, magna cum laude, from Radcliffe College. She is admitted to practice before New York State Courts, U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of Appeals 2nd Circuit and the U.S. Supreme Court.

 

Education

 

Boston University School of Law, J.D, cum laude

Radcliffe College, B.A., magna cum laude

Admitted

 

New York

U.S. District Courts for the Southern and Eastern Districts of New York

U.S. Court of Appeals, 2nd Circuit
U.S. Supreme Court

 

Publications

 

Applying the Emergency Doctrine in Medical Malpractice Cases, John L.A. Lyddane and Barbara D. Goldberg, New York Law Journal, September 16, 2014

 

Memberships

 

Association of Hospital Risk Managers New York

New York State Medical Defense Bar Association