Kimmel v. State of New York

OPINION OF THE COURT

Peradotto, J.

The primary question presented by this appeal is whether a prevailing plaintiff in a sex discrimination action against the State may recover attorneys’ fees and expenses pursuant to the New York State Equal Access to Justice Act (EAJA) (CPLR art 86). We agree with plaintiff and her former attorney, appellant Emmelyn Logan-Baldwin, that they are entitled to seek attorneys’ fees and expenses under the plain language of the EAJA.

Facts and Procedural History

Plaintiff, a former State Trooper, commenced this action in 1995 alleging that she was subjected to…