In the Matter of Luz Solla v. Elizabeth Berlin

Summary

The New York Court of Appeals reversed an Appellate Division decision awarding attorneys' fees under New York's Equal Access to Justice Act. The court held that, even assuming the catalyst theory applied to the statutory definition of a prevailing party, the petitioner could not recover fees from the State because the State had not changed its position in response to the litigation. The court expressly declined to decide whether the catalyst theory is available under New York law.

Holdings

1. Even assuming without deciding that the catalyst theory applies to the definition of a prevailing party under CPLR 8601, petitioner could not recover attorneys' fees from the State because the State had not changed its position in response to the lawsuit.

Questions Presented

1. Whether Solla was entitled to attorneys' fees from the State under New York's Equal Access to Justice Act based on the catalyst theory.
2. Whether, assuming the catalyst theory applied under CPLR article 86, the State had been prompted by Solla's lawsuit to change its position so that Solla could recover fees from the State.

Disposition

reversed