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NY S01789

Bill

Status

Introduced

1/17/2023

Primary Sponsor

Brad Hoylman-Sigal

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • Defines "strategic lawsuit against public participation" (SLAPP) as a legal claim arising from constitutional free speech on public concerns that lacks substantial basis in fact and/or law

  • Establishes "substantial basis" as a heightened pleading standard requiring demonstration of probability of prevailing, greater than plausibility or reasonableness

  • Allows prevailing defendants in SLAPP actions to recover costs and attorney's fees through motion or civil procedure rule adjudication, or demonstration the action lacked substantial basis in fact and law

  • Permits additional compensatory damages only if the action was commenced with intent to harass, intimidate, punish or maliciously inhibit free speech or petition rights

  • Requires any action under this section be filed no later than one year from the date the underlying SLAPP is finally determined in the defendant's favor

Legislative Description

Relates to strategic lawsuits against public participation; makes technical corrections; relates to the applicability of chapter 250 of the laws of 2020 amending the civil rights law relating to actions involving public petition and participation.

Last Action

COMMITTED TO RULES

6/7/2024

Committee Referrals

Rules6/7/2024
Codes1/17/2023

Full Bill Text

No bill text available