Opinion
September 20, 1994
Appeal from the Supreme Court, New York County (Carol Huff, J.).
Pursuant to 42 U.S.C. § 1988, a prevailing party is entitled to reasonable attorneys' fee in an action to redress a violation of Federal constitutional or statutory rights (Maine v. Thiboutot, 448 U.S. 1). "A prevailing party must be one who has succeeded on any significant claim affording it some of the relief sought, either pendente lite or at the conclusion of the litigation" (Texas Teachers Assn. v. Garland School Dist., 489 U.S. 782, 791), and "ordinarily should recover reasonable fees `unless special circumstances would render such an award unjust'" (Matter of Johnson v. Blum, 58 N.Y.2d 454, 458). "It is settled that attorney's fees may be awarded pursuant to section 1988 in a State court proceeding." (Supra, at 457, citing Maine v Thiboutot, supra, at 11.) Here, petitioner prevailed on its claim that respondent's determination should be annulled on due process grounds (Matter of 1616 Second Ave. Rest. v. New York State Liq. Auth., 75 N.Y.2d 158), and its right to recover attorneys' fees for having prevailed on this constitutional claim should not be affected by the circumstances that respondent adhered to its original determination in subsequent proceedings untainted by the due process violation (see, Bagby v. Beal, 606 F.2d 411).
Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.