United States Second Circuit

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Kirk v. New York Dept. of Education, 09-5335

In a dispute arising from a successful challenge to New York State Education Law section 6704(6) on equal protection grounds, judgment of the district court denying defendant's motion to vacate an award of attorney’s fee is affirmed where because the judgment in plaintiff's favor, though later vacated, had brought a judicially-sanctioned, material alteration of the parties' legal relationship that had not been reversed on the merits, plaintiff was a prevailing party under 42 U.S.C. section 1988(b) and thus entitled to an award of attorney fees.

Appellate Information

  • Decided 07/06/2011
  • Published 07/06/2011




  • United States Second Circuit


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