Lumber Co. v. Brooks, Comr. of Labor

MARTIN (Robert M.), Judge.

The Civil Rights Attorney’s Fees Awards Act of 1976, § 2, 42 U.S.C. § 1988 (1978) provides:

In any action or proceeding to enforce a provision of sections 1977, 1978, 1979, 1980, and 1981 of the Revised Statutes [42 U.S.C. §§ 1981-1983,1985,1986],... the court, in its discretion, may allow the prevailing party, other than the United States, a reasonably attorney’s fee as part of the costs.

Attorney’s fees may be recovered as part of costs in state court proceedings instituted to enforce provisions of 42 U.S.C. § 1983. Ashley v. Curtis, 67 A.D. 2d 828, 413 N.Y.S. 2d 528…