Legal Opinion · Dissent

Carey v. New York Gaslight Club, Inc.

Court of Appeals for the Second Circuit

Decided May 8, 1979No. 743, Docket 78-7603Published

1DissentMulligan, Circuit Judge

The majority concedes that its holding is without precedent. The appellant successfully established employment discrimination on the basis of race and color in violation of the New York State Human Rights Law in state agency administrative proceedings where she was provided legal counsel in support of her complaint. She is now permitted to recover attorney’s fees for additional legal counsel whom she privately retained for those proceedings. The fee recovery is permitted in a federal action where the only issue presented to the district court is the propriety of an award of such fees.1…

2Cases cited10 opinions

  1. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  2. Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
  3. Love v. Pullman Co.Supreme Court of the United States · 1972
  4. Dorothy C. Parker v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1977
  5. Mid-Hudson Legal Services, Inc. v. G & U, Inc.Court of Appeals for the Second Circuit · 1978

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