New_York NewYorkAntiSlappActsLaws
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.
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:
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.