We won! Thanks to tireless efforts from VOLS and the fabulous pro bono team of Jared Bobrow, Rene Kathawala, and Parth Sagdeo, at Orrick Herrington & Sutcliffe, a New York Appellate Court unanimously decided to close a critical legal loophole so that everyday New Yorkers can recoup attorney fees in prevailing lawsuits against the state.
Our client Peter Markey, a disabled Navy veteran, sued the state in 2023 after it denied his application for rental assistance. Soon after filing his lawsuit, the state approved Mr. Markey’s benefits. But despite forcing Mr. Markey to take legal action in order to rightfully obtain those benefits, the state insisted it would not cover his legal fees. This week, the Third Department held that plaintiffs in an Article 78 proceeding may be awarded attorney fees if they are a prevailing party—even without a court ruling — under the “catalyst theory” within the New York Equal Access to Justice Act. VOLS was thrilled by the work of Orrick litigators and the victory for low-income New Yorkers seeking to enforce their rights.