N.Y. Civil Rights Law Section 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 § 76-A (Actions involving public petition and participation)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.

Source: Section 70-A — Actions involving public petition and participation; recovery of damages, https://www.­nysenate.­gov/legislation/laws/CVR/70-A (updated Nov. 13, 2020; accessed Dec. 21, 2024).

70
Vexatious suits
70‑A
Actions involving public petition and participation
70‑B
Unlawful interference with protected rights
71
Damages in action for suing in name of another
72
Term of imprisonment of civil prisoner
73
Code of fair procedure for investigating agencies
74
Privileges in action for libel
75
Defamation by radio or television
76
Action for libel: evidence, separate verdicts
76‑A
Actions involving public petition and participation
77
Special damages in action for slander of a woman
78
Mitigating circumstances in action for libel or slander
79
Forfeiture of office and suspension of civil rights
79‑A
Consequence of sentence to imprisonment for life
79‑B
Forfeiture of property on conviction abolished
79‑C
Convict protected by law
79‑D
Creditor of convict
79‑E
Right to breast feed
79‑F
Liability for acts of persons assisting police officers
79‑G
Filing of certificates of honorable discharge with county clerks
79‑H
Special provisions relating to persons employed by, or connected with, news media
79‑I
Discrimination against person who refuses to perform certain act prohibited
79‑J
Confidentiality of records in multi-state information system
79‑K
Civil immunity for certain persons assisting in emergency situations
79‑L
Confidentiality of records of genetic tests
79‑M
Criminal interference with health care services, religious worship, funeral, burial or memorial service
79‑N
Bias-related violence or intimidation
79‑N*2
Funeral or bereavement leave
79‑O
Closed captioning in places of public accommodation, resort or amusement
79‑P
Recording certain activities
79‑P*2
Gender neutral single-occupancy bathroom facilities
79‑Q
Collection of gender or sex designation information by state agencies

Accessed:
Dec. 21, 2024

Last modified:
Nov. 13, 2020

§ 70-A’s source at nysenate​.gov

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