2013 New York Consolidated Laws
CVR - Civil Rights
Article 7 - (70 - 79-N*2) MISCELLANEOUS RIGHTS AND IMMUNITIES
79-N - Bias-related violence or intimidation; civil remedy.


NY Civ Rights L § 79-N (2012) What's This?
 
    * §  79-n. Bias-related violence or intimidation; civil remedy. 1. The
  following definitions are applicable to this section:
    (a) The term "disability" means a physical or mental  impairment  that
  substantially limits a major life activity.
    (b) The term "age" means sixty years of age or more.
    (c) The term "sexual orientation" means a person's actual or perceived
  homosexuality, heterosexuality, or bisexuality.
    (d)  The  term  "gender"  means a person's actual or perceived sex and
  shall include a person's gender identity or expression.
    2. Any person who intentionally selects a person or property for  harm
  or causes damage to the property of another or causes physical injury or
  death  to another in whole or in substantial part because of a belief or
  perception regarding the race, color, national origin, ancestry, gender,
  religion, religious practice, age, disability or sexual orientation of a
  person, regardless of whether the belief or perception is correct, shall
  be liable, in a civil action or proceeding maintained by such individual
  or group of individuals, for injunctive relief, damages,  or  any  other
  appropriate  relief  in  law  or  equity.  If  it  shall  appear  to the
  satisfaction of the court or justice that the respondent has,  in  fact,
  violated  this  section,  an  injunction  may be issued by such court or
  justice,  enjoining  and  restraining  any  further  violation,  without
  requiring  proof  that  any person has, in fact, been injured or damaged
  thereby.
    3. Whenever there shall be a violation of this section, an application
  may be made by the attorney general in the name of  the  people  of  the
  state  of  New  York  to  a  court or justice having jurisdiction for an
  injunction to enjoin and restrain the continuance of such  activity.  In
  connection with any such application, the attorney general is authorized
  to take proof and determine the relevant facts and to issue subpoenas in
  accordance with the civil practice law and rules.
    4. In any such action or proceeding, the court, in its discretion, may
  allow  the  party  commencing  such  action or proceeding, if such party
  prevails, reasonable attorneys' fees as part of the costs.
    * NB There are 2 § 79-n's

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