85 A.D.3d 1591
N.Y. App. Div.2011Background
- Judgment in Cattaraugus County Supreme Court awarded plaintiff attorneys’ fees and disbursements totaling $69,822.89.
- The judgment was unanimously affirmed by the appellate court without costs.
- Plaintiff sought attorneys’ fees under 42 U.S.C. § 1988(b) as the prevailing party on a § 1983 claim.
- Prior appellate history: the matter involved Glacial Aggregates LLC v Town of Yorkshire, culminating in vesting of mining rights and multiple remands.
- Upon remittitur, this Court affirmed after rejecting defendant’s remaining contentions, establishing plaintiff as prevailing party under § 1988.
- Questions arose regarding timeliness and propriety of filing the fee motion and the judgment, and the trial court’s discretion in awarding fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is plaintiff the prevailing party under § 1988? | Glacial Aggregates established vesting of mining rights and plaintiff’s prevailing status. | Defendant contends no prevailing party status due to prior reversals/remands. | Yes; plaintiff is prevailing party under § 1988. |
| Was the fee-motion timely? | Motion filed within a reasonable window after verdict and post-judgment rulings. | A challenge to timing based on procedural rules and clerk filing. | Yes; timely under the circumstances. |
| Did filing delays or the appeal process affect entitlement to fees? | Appeal process continued for six weeks before judgment; good cause for delay. | Delays undermine fee entitlement. | Good cause shown; delay did not defeat entitlement. |
| May the court reduce the fee award, and did it abuse its discretion? | Fees are within reasonable extent per § 1988. | Challenge to reasonableness and potential reduction. | No abuse of discretion; award sustained. |
Key Cases Cited
- Glacial Aggregates LLC v Town of Yorkshire, 14 NY3d 127 (2010) (reversed a finding and remanded, then vesting of mining rights)
- Glacial Aggregates LLC v Town of Yorkshire, 57 AD3d 1362 (2008) (initial appellate decision; directed verdict disposed of §1983 claim)
- Glacial Aggregates LLC v Town of Yorkshire, 72 AD3d 1644 (2010) (remittitur affirmance after Court of Appeals decision)
- Matter of Johnson v Blum, 58 NY2d 454 (1983) (prevailing party standards under fee-shifting statute)
- Funk v Barry, 89 NY2d 364 (1996) (judgment entered by county clerk and timing considerations)
- Farkas v Farkas, 11 NY3d 300 (2008) (no time limit to file a judgment for sum of money)