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NY S07924

Bill

Status

Introduced

6/20/2014

Primary Sponsor

Dean Skelos

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Origin

Senate

2013-2014 General Assembly

AI Summary

  • Amends Civil Rights Law to mandate courts award costs and reasonable attorney's fees in frivolous actions involving public petition and participation, replacing previous discretionary standard with mandatory awards upon demonstration of lack of reasonable basis in fact and law.

  • Expands definition of "action involving public petition and participation" to include any communication in public forums about public concerns and lawful conduct in furtherance of free speech or petition rights, broadening protection beyond prior narrow definition limited to permit applicants.

  • Provides safe harbor allowing discontinuation of actions within twenty days of receiving notice that claims lack reasonable basis without assessment of costs or fees, with New York State Office of Court Administration to develop a standardized notice form within ninety days.

  • Creates new Civil Practice Law and Rules Section 8303-B establishing frivolous claim standards requiring courts to find bad faith or complete absence of reasonable legal or factual basis, with exception when party promptly discontinues upon learning of lack of merit.

  • Applies retroactively to all actions, cross-claims, or counterclaims commenced on or after the act's effective date.

Legislative Description

Requires awarding of costs and reasonable attorney fees in frivolous action involving public petition and participation; expands application of actions involving public petition and participation.

Last Action

REFERRED TO RULES

6/20/2014

Committee Referrals

Rules6/20/2014

Full Bill Text

No bill text available