Legal Opinion

Betty L. Kimmel v. State of New York

New York Court of Appeals

Decided May 9, 2017No. 36PublishedCited by 57 opinions

1Opinion of the Court

*390OPINION OF THE COURT

Chief Judge DiFiore.

Under the Equal Access to Justice Act (CPLR art 86; hereinafter EAJA), in certain circumstances a court may award reasonable attorneys’ fees and costs to a prevailing plaintiff or petitioner in a suit against the State. In this appeal we are asked to decide whether the EAJA permits the award of attorneys’ fees and costs to a prevailing plaintiff in an action against the State under the Human Rights Law for sex discrimination in employment by a state agency. We conclude that it does.

I

From 1980 through 1994, plaintiff Betty Kimmel worked as a New York…

2Cases cited21 opinions

  1. Scarborough v. PrincipiSupreme Court of the United States · 2004
  2. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  3. Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
  4. Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
  5. Psaty v. DuryeaNew York Court of Appeals · 1954

16 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Matter of Anonymous v. MolikNew York Court of Appeals · 2018
  2. People v. SilburnCourt for the Trial of Impeachments and Correction of Errors · 2018
  3. People v. HernandezNew York Court of Appeals · 2025
  4. Matter of Quigley v. Village of E. AuroraAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Matzell v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020

52 more not listed; retrieve them via the Exa API.

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