senate Bill S7924

2013-2014 Legislative Session

Requires awarding of costs and reasonable attorney fees in frivolous action involving public petition and participation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 referred to rules

S7924 - Details

Law Section:
Civil Rights Law
Laws Affected:
Amd §§70-a & 76-a, Civ Rts L; add §8303-b, CPLR

S7924 - Summary

Requires awarding of costs and reasonable attorney fees in frivolous action involving public petition and participation; expands application of actions involving public petition and participation.

S7924 - Sponsor Memo

S7924 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7924

                            I N  S E N A T E

                              June 20, 2014
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the civil rights law, in relation to  actions  involving
  public  petition  and  participation  and  the  civil practice law and
  rules, in relation to actions involving  public  petition  or  partic-
  ipation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 70-a of the civil rights  law,  as
added by chapter 767 of the laws of 1992, is amended to read as follows:
  1.  A  defendant  in  an  action involving public petition and partic-
ipation, 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 REASONABLE attorney's fees [may] SHALL be recovered upon
a demonstration, PURSUANT TO SECTION EIGHTY-THREE HUNDRED THREE-B OF THE
CIVIL  PRACTICE  LAW  AND  RULES; OR MAY BE RECOVERED IF THE COURT FINDS
that  the  action  involving  public  petition  and  participation   was
commenced  or  continued  BY  A  PLAINTIFF OR A COUNTERCLAIM, DEFENSE OR
CROSS-CLAIM IS COMMENCED OR CONTINUED BY A DEFENDANT AND IS FOUND TO  BE
without  [a  substantial] ANY REASONABLE basis in fact and law and could
not be supported by [a  substantial]  AN  argument  for  the  extension,
modification or reversal of existing law;
  (B)  AN  AWARD OF COSTS OR FEES WILL NOT BE ASSESSED IN AN ACTION THAT
WAS DISCONTINUED WITHIN TWENTY DAYS OF THE PARTY OR  ATTORNEY  RECEIVING
ACTUAL  NOTICE  THAT THE CLAIM LACKED A REASONABLE BASIS IN FACT OR LAW,
WHICH MAY HAVE OCCURRED PRIOR TO THE COMMENCEMENT OF THE ACTION.    SUCH
NOTICE  SHALL  BE PROVIDED TO THE PARTY OR ATTORNEY ON A FORM THAT SHALL
BE PRODUCED AND MADE AVAILABLE BY THE NEW YORK  STATE  OFFICE  OF  COURT
ADMINISTRATION  WITHIN  NINETY DAYS OF THIS PARAGRAPH TAKING EFFECT. THE
FORM SHALL BE IN PLAIN LANGUAGE AND SHALL BE NO MORE THAN  ONE  PAGE  IN
LENGTH;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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