New York Court of Appeals
Donna McGrath, Respondents v. Toys “R” US, Inc., Appellant
November 23, 20043 N.Y.3d 421
Summary
The New York Court of Appeals answered the certified questions by holding that the Farrar v. Hobby standard governs attorney’s fee awards under the New York City Human Rights Law, that the fee provision permits awards to prevailing plaintiffs who recover only nominal damages when the litigation serves a significant public purpose, and that the plaintiffs’ case involving discrimination against transsexuals qualifies for such an award. The Court affirmed the applicability of the Farrar analysis and answered the remaining certified question in the negative.