Bess v. Toia

Hopkins, J. P., dissents and votes to reverse the judgment insofar as it has been appealed from and to remand the proceeding to Special Term for the fixation of a counsel fee, if any, with the following memorandum:

The question before us is whether a State court is authorized to award a counsel fee to a prevailing party under the Civil Rights Attorney’s Fees Award Act (US Code, tit 42, § 1988). That act provides that in an action or proceeding to enforce the provisions of sections 1981, 1982, 1983, 1985 and 1986 of title 42 of the United States Code the court in its discretion may allow the…