2020 New York Laws
CVR - Civil Rights
Article 7 - Miscellaneous Rights and Immunities
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 shall be recovered upon a demonstration,
including an adjudication pursuant to subdivision (g) of rule thirty-two
hundred  eleven  or subdivision (h) of rule thirty-two hundred twelve of
the civil practice law and  rules,  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.