DONNA McGRATH et al., Respondents,
v.
TOYS "R" US, INC., Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 12, 2004.
Decided November 23, 2004.
Attorney(s) appearing for the Case
Quirk and Bakalor, P.C., New York City (H. Nicholas Goodman and Charles M. Henderson, III, of counsel), for appellant.
Shanahan & Associates, P.C., New York City (Thomas D. Shanahan of counsel), and Meltzer Lopresti, LLP (Anthony A. LoPresti of counsel), for respondents.
Lansner & Kubitschek, New York City (Carolyn A. Kubitschek of counsel), Eugene B. Nathanson and Norman L. Reimer for New York County Lawyers' Association, amicus curiae.
Michael A. Cardozo, Corporation Counsel, New York City (Edward F.X. Hart and Tahirih M. Sadrieh of counsel), for City of New York, amicus curiae.
Craig Gurian, Brooklyn, for Anti-Discrimination Center of Metro New York, Inc., and others, amici curiae.
Chief Judge KAYE and Judges G.B. SMITH, CIPARICK and ROSENBLATT concur with Judge GRAFFEO; Judge READ dissents in part and votes to answer certified question 4 in the negative in a separate opinion in which Judge R.S. SMITH concurs.
Court of Appeals of the State of New York.
OPINION OF THE COURT
GRAFFEO, J.
In Farrar v Hobby (506 U.S. 103 [1992]), the United States Supreme Court concluded that a plaintiff in a federal civil rights action who obtains only nominal damages is a "prevailing party" eligible to apply for an attorney's fee award but that an award in those circumstances would rarely be appropriate unless the litigation served a significant...
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