Legal Opinion

Hernandez v. Hammons

Appellate Division of the Supreme Court of the State of New York

Decided September 13, 2001Published

1Opinion of the Court

—Order, Supreme Court, New York County (Charles Ramos, J.), entered August 30, 2000, which denied plaintiffs’ motion for attorneys’ fees and costs pursuant to CPLR article 86, unanimously affirmed, without costs.

The motion court properly denied plaintiffs’ motion for an award of attorneys’ fees and costs against defendant Commissioner of the New York City Department of Social Services. Notwithstanding that the City acts as agent for the State, we have held that this agency relationship does not subject the local social services agency to independent liability (see, Matter of Miller v DeBuono,…

2Cases cited3 opinions

  1. Tormos v. HammonsAppellate Division of the Supreme Court of the State of New York · 1999
  2. Cleary v. PeralesAppellate Division of the Supreme Court of the State of New York · 1993
  3. Miller v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 2000

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