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GOTTLIEB v. LAUB & CO.

82 N.Y.2d 457 (1993)

626 N.E.2d 29

605 N.Y.S.2d 213

Seymour Gottlieb, Respondent-Appellant, v. Kenneth D. Laub & Company, Inc., Appellant-Respondent.

Court of Appeals of the State of New York.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (Henry L. King of counsel), and Clarence S. Barasch for appellant-respondent.

Bower & Gardner, New York City (Gerry E. Feinberg and Allen Hobbs of counsel), for respondent-appellant.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

LEVINE, J.

Labor Law § 198 (1-a) provides in part that "[i]n any action instituted upon a wage claim by an employee * * * in which the employee prevails, the court shall allow such employee reasonable attorney's fees". The issue presented is whether this statutory entitlement to attorney's fees applies to any wage claim action or only to those brought for violations of the wage payment law, article 6 of...

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