Bill Text: NY S04994 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 4994 (Prior Session Legislation)

Introduced

Bill Title: Creates the anti-SLAPP act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S04994 Detail]

Download: New_York-2019-S04994-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4994
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 3, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the civil practice law and rules, in relation to  creat-
          ing the anti-SLAPP act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "anti-SLAPP
     2  act".
     3    § 2. Subdivisions (c) and (g) of rule 3211 of the civil  practice  law
     4  and  rules,  subdivision  (c) as amended by judicial conference proposal
     5  number 4 for the year 1973, subdivision (g) as added by chapter  767  of
     6  the laws of 1992, are amended to read as follows:
     7    (c)  Evidence  permitted;  immediate  trial; motion treated as one for
     8  summary judgment. Upon the hearing of a motion  made  under  subdivision
     9  (a)  [or],  (b)  or (g), either party may submit any evidence that could
    10  properly be considered on a motion for summary judgment. Whether or  not
    11  issue  has been joined, the court, after adequate notice to the parties,
    12  may treat the motion as a motion for summary judgment.  The  court  may,
    13  when  appropriate  for  the  expeditious disposition of the controversy,
    14  order immediate trial of the issues raised on the motion.
    15    (g) Standards for motions to dismiss in certain cases involving public
    16  petition and participation. A motion to dismiss based on paragraph seven
    17  of subdivision (a) of this section, in which the moving party has demon-
    18  strated that the action, claim, cross claim or counterclaim  subject  to
    19  the  motion  is an action involving public petition and participation as
    20  defined in paragraph (a) of subdivision one of section seventy-six-a  of
    21  the  civil  rights  law, shall be granted unless the party responding to
    22  the motion demonstrates that the cause of action has a substantial basis
    23  in law or is supported by  a  substantial  argument  for  an  extension,
    24  modification  or reversal of existing law.  Discovery shall be suspended
    25  pending a decision on the motion. The court shall  grant  preference  in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10707-01-9

        S. 4994                             2
     1  the hearing of such motion and shall set such hearing date no later than
     2  sixty  days  after  the  date of service of the motion unless the docket
     3  condition of the court requires a later hearing, but in no  event  shall
     4  the  hearing occur more than ninety days after service of the motion. If
     5  a motion to dismiss is granted the court shall provide for  the  imposi-
     6  tion  of  costs  or  other sanctions, including imposition of reasonable
     7  attorney's fees.
     8    § 3. This act shall take effect immediately.