Bill Text: NY A04799 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that qualified privilege shall not be an affirmative defense to defamation if the statements giving rise to the claim are made in the course of a judicial proceeding or a quasi-judicial proceeding and are not pertinent or cannot be deemed relevant despite every liberality of interpretation to such proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-10 - held for consideration in judiciary [A04799 Detail]
Download: New_York-2021-A04799-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4799 2021-2022 Regular Sessions IN ASSEMBLY February 8, 2021 ___________ Introduced by M. of A. MONTESANO -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to prohib- iting affirmative defenses in certain defamation actions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3018 of the civil practice law and rules is amended 2 by adding a new subdivision (c) to read as follows: 3 (c) Defamation. However, qualified privilege shall not be an affirma- 4 tive defense to defamation if the statements giving rise to the claim 5 are made in the course of a judicial proceeding or a quasi-judicial 6 proceeding and are not pertinent or cannot be deemed relevant despite 7 every liberality of interpretation to such proceedings. 8 § 2. This act shall take effect immediately; provided, however, the 9 provisions contained in subdivision (c) of section 3018 of the civil 10 practice law and rules shall apply to actions commenced on or before the 11 effective date of this act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08492-01-1
