Sarwar v. 3108 Linden Hotel Inc.

Background

Saim Sarwar held a default judgment against 3108 Linden Hotel, Inc. on claims brought under the Americans with Disabilities Act of 1990 and the New York Human Rights Law. Sarwar moved for an award of $3,880 in attorney’s fees, litigation expenses, and costs. The motion was unopposed.

Legal standard

The Americans with Disabilities Act permits a court to award a prevailing party reasonable attorney’s fees, litigation expenses, and costs. The New York City Human Rights Law also permits such an award. Courts generally calculate attorney’s fees by multiplying the reasonable hours spent on the litigation by a reasonable hourly rate. The relevant hourly rate is generally the rate prevailing in the district where the court sits.

Court’s analysis

The court determined that Sarwar was eligible for fees and costs because he was the prevailing party. Linden did not challenge Sarwar’s request or object to the amount. After reviewing Sarwar’s time logs and other supporting materials, the court found the requested award reasonable.

Sarwar requested $2,040 in attorney’s fees, based on 4.8 hours of work at $425 per hour. The court approved both the hourly rate and the number of hours, noting counsel’s sixteen years of legal experience and experience litigating civil-rights cases.

Sarwar also requested $540 for filing and service-of-process fees. In addition, he requested $650 in expert fees for an expert’s inspection of Linden and another $650 for an anticipated reinspection after Linden completed repairs to existing access barriers. The court approved these expenses as well.

Disposition

Judge J. Paul Oetken granted Sarwar’s motion for attorney’s fees, litigation expenses, and costs in the amount of $3,880. The Clerk of Court was directed to close the motion at Docket Number 16.