New York

Grade: D

New York has a weak anti-SLAPP law. It was enacted in 2008.

Jurisdiction Statute or Case Law? Any Forum? Any Public Issue? Mandatory Attorney Fees/Costs? Additional Burden? Amendment After Grant? Amendment While Pending? Immediate Appeal?
New York N.Y. CLS Civ. R. § 70-a & 76-a (2008); NY CLS CPLR R 3211 Y ? Y ?
 

N.Y. C.P.L.R. 70-a & 76-a (2008); N.Y.C.P.L.R. 3211

Speech that comments, rules on, challenges or opposes an application or permission by the government is protected.  Only suits brought by the aggrieved applicant or permittee are covered by the anti-SLAPP law.

N.Y. C.P.L.R. 70-a provides for a SLAPPBack.  It allows a SLAPP defendant to recover costs and attorney’s fees upon a demonstration that the SLAPP 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.  Other compensatory damages may only be recovered upon an additional demonstration that the SLAPP was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights.  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.

Amendment to Sec. 5304 (Libel Tourism Legislation):

This amendment to the New York code of civil procedure prohibits a state court from recognizing a foreign defamation judgment unless the New York court determines that the defamation law applied in the foreign court’s adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by both the United States and New York constitutions.


New York SLAPP Stories: