2006 New York Code - Actions Involving Public Petition And Participation; When Actual Malice To Be Proven.

 
    §  76-a.  Actions  involving  public  petition and participation; when
  actual malice to be proven. 1. For purposes of this section:
    (a) An "action involving public  petition  and  participation"  is  an
  action,  claim,  cross claim or counterclaim for damages that is brought
  by a public applicant or permittee, and is  materially  related  to  any
  efforts of the defendant to report on, comment on, rule on, challenge or
  oppose such application or permission.
    (b)  "Public  applicant  or  permittee"  shall mean any person who has
  applied for  or  obtained  a  permit,  zoning  change,  lease,  license,
  certificate  or  other entitlement for use or permission to act from any
  government  body,  or  any  person  with  an  interest,  connection   or
  affiliation  with  such  person  that  is  materially  related  to  such
  application or permission.
    (c) "Communication" shall mean any statement, claim, allegation  in  a
  proceeding,  decision,  protest,  writing, argument, contention or other
  expression.
    (d) "Government body" shall mean  any  municipality,  the  state,  any
  other  political  subdivision or agency of such, the federal government,
  any public benefit corporation,  or  any  public  authority,  board,  or
  commission.
    2.  In  an action involving public petition and participation, damages
  may only be recovered  if  the  plaintiff,  in  addition  to  all  other
  necessary  elements,  shall  have  established  by  clear and convincing
  evidence that any communication which gives rise to the action was  made
  with  knowledge  of its falsity or with reckless disregard of whether it
  was false, where the truth or falsity of such communication is  material
  to the cause of action at issue.
    3.   Nothing   in  this  section  shall  be  construed  to  limit  any
  constitutional, statutory or common law  protections  of  defendants  to
  actions involving public petition and participation.