N.Y. Civil Rights Law § 70-a: Actions involving public petition and participation; recovery of damages

§ 70-a. Actions involving public petition and participation; recovery

of damages. 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.