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New York Anti-SLAPP Laws Acts UPEPA

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New York Anti-SLAPP Acts & Laws

Last updated 2024-02-18

Editor's note: Contrary to what has been suggested by some commentators, litigants, and even as mentioned in some New York decisions, the UPEPA was not, completely negative, based in any way upon New York's new Anti-SLAPP law. I was on the UPEPA drafting committee and I know this for a fact. The drafting committee were generally aware of New York's Anti-SLAPP law percolating up through that state's assembly; however, if we even had a preliminary draft of that legislation available, in UPEPA drafting committee meetings no reference was made to it or its provisions. I speculate that the similarities between the UPEPA and the New York law result from the UPEPA committee largely taking the better parts of the California and Texas Anti-SLAPP statutes as their drafting base, and apparently those in the Empire State did the same.

New York Civil Rights Law § 70-a. Actions involving public petition and participation; recovery of damages

Effective: November 10, 2020

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.



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