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NY S07280
Bill
Status
5/9/2014
Primary Sponsor
Adriano Espaillat
Click for details
AI Summary
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Changes the standard for awarding costs and attorney's fees in actions involving public petition and participation from "may be recovered" to "shall be recovered" when an action lacks substantial basis in fact and law.
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Expands the definition of "action involving public petition and participation" to include any communication in a public place or forum concerning an issue of public concern, and any lawful conduct exercising constitutional rights of free speech or petition.
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Removes the requirement that such actions must be brought by a public applicant or permittee and materially related to efforts to report on or oppose applications or permissions.
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Redefines "claim" to encompass any lawsuit, cause of action, cross-claim, counterclaim, or other judicial pleading requesting relief.
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Takes effect immediately and applies to actions commenced on or after the effective date.
Legislative Description
Requires awarding of costs and attorney fees in frivolous action involving public petition and participation; expands application of actions involving public petition and participation.
Last Action
COMMITTED TO RULES
6/20/2014