Legal Opinion
Burke v. Crosson
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 1993No. Appeal No. 2PublishedCited by 10 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The court abused its discretion in awarding plaintiffs counsel fees, pursuant to 42 USC § 1988, in the sum of $13,125. The court failed to provide a clear explanation for the amount of the fee awarded (see, Hensley v Eckerhart, 461 US 424, 437; Matter of Rahmey v Blum, 95 AD2d 294, 305). As a result, there is no indication that the court considered the factors relevant to an award of counsel *999fees (see, Becker v Empire of Am. Fed. Sav.…
2Cases cited4 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Rahmey v. BlumAppellate Division of the Supreme Court of the State of New York · 1983
- Becker v. Empire of America Federal Savings BankAppellate Division of the Supreme Court of the State of New York · 1991
- Burke v. CrossonNew York Supreme Court · 1991
3Cited by10 opinions
- Ricciuti v. LombardiAppellate Division of the Supreme Court of the State of New York · 1998
- Burke v. CrossonAppellate Division of the Supreme Court of the State of New York · 1993
- Imrie v. RattoAppellate Division of the Supreme Court of the State of New York · 2020
- Wells v. CrossonAppellate Division of the Supreme Court of the State of New York · 1994
- Colangelo v. ColangeloNew York Supreme Court · 1998
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