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New York Civil Rights - Article 7 - § 70-A Actions Involving Public Petition and Participation; Recovery of Damages

Legal Research Home > New York Laws > New York Civil Rights (CVR) > New York Civil Rights - Article 7 - § 70-A Actions Involving Public Petition and Participation; Recovery of Damages

 
    §  70-a. Actions involving public petition and participation; recovery
  of damages. 1. A defendant in an action involving  public  petition  and
  participation, as defined in paragraph (a) of subdivision one of section
  seventy-six-a  of  this  article,  may  maintain an action, claim, cross
  claim or counterclaim to recover damages, including costs and attorney's
  fees, from any person who commenced or continued such  action;  provided
  that:
    (a)  costs  and  attorney's fees may be recovered upon a demonstration
  that  the  action  involving  public  petition  and  participation   was
  commenced  or  continued without a substantial basis in fact and law and
  could not be supported by a  substantial  argument  for  the  extension,
  modification or reversal of existing law;
    (b)   other  compensatory  damages  may  only  be  recovered  upon  an
  additional demonstration that the action involving public  petition  and
  participation  was  commenced or continued for the purpose of harassing,
  intimidating, punishing or otherwise  maliciously  inhibiting  the  free
  exercise of speech, petition or association rights; and
    (c)  punitive  damages  may  only  be  recovered  upon  an  additional
  demonstration  that   the   action   involving   public   petition   and
  participation  was  commenced  or  continued  for  the  sole  purpose of
  harassing, intimidating, punishing or otherwise  maliciously  inhibiting
  the free exercise of speech, petition or association rights.
    2.  The right to bring an action under this section can be waived only
  if it is waived specifically.
    3. Nothing in this section shall affect or preclude the right  of  any
  party to any recovery otherwise authorized by common law, or by statute,
  law or rule.

Last modified: February 15, 2012