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NY S07280

Bill

Status

Introduced

5/9/2014

Primary Sponsor

Adriano Espaillat

Click for details

Origin

Senate

2013-2014 General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Redefines "claim" to encompass any lawsuit, cause of action, cross-claim, counterclaim, or other judicial pleading requesting relief.

  • 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

Committee Referrals

Rules6/20/2014
Codes5/9/2014

Full Bill Text

No bill text available