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NY A05991

Bill

Status

Passed

11/10/2020

Primary Sponsor

Helene Weinstein

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Changes "may" to "shall" in awarding costs and attorney's fees for actions involving public petition and participation that lack substantial basis in fact and law.

  • Expands the definition of "action involving public petition and participation" to include any claim based on communication in a public forum on an issue of public interest or lawful conduct in furtherance of free speech or petition rights.

  • Removes the previous limitation restricting protection to actions materially related to permit applications or government entitlements.

  • Requires automatic stay of all discovery, hearings, and motions upon filing a motion to dismiss under this section, lasting until the court rules on the motion.

  • Establishes that court determinations on such motions to dismiss are inadmissible as evidence in later stages of the case or subsequent actions and do not affect burden of proof standards.

Legislative Description

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

Last Action

signed chap.250

11/10/2020

Committee Referrals

Rules7/21/2020
Rules6/4/2019
Codes5/30/2019
Judiciary2/26/2019

Full Bill Text

No bill text available