|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to judiciary|
|Jan 23, 2017||referred to judiciary|
senate Bill S3417
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3417 (ACTIVE) - Details
S3417 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3417 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to creating the anti-SLAPP act PURPOSE : Creates the anti-SLAPP act. SUMMARY OF PROVISIONS : Section 1: Entitles the act the "anti-SLAPP Act" Section 2: Amends subdivisions (c) and (g) of section 3211 of the civil practice law and rules. Subdivision (c) as amended by the judicial conference proposal number 4 for the year 1973 is amended to provide a new cross-reference to subdivision (g). Subdivision (g) is amended to include a provision requiring that discovery be stayed pending a decision on the motion and that the court shall set a hearing date no later than 60 days after the date of service of the motion unless docket conditions require a later hearing, but there hearing shall not occur more than ninety days after service of the motion. Additionally subdivision (g) requires that if a motion to dismiss is granted the court shall provide for the imposition of costs, sanctions and reasonably attorney's fees.
S3417 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3417 2017-2018 Regular Sessions I N S E N A T E January 23, 2017 ___________ 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: Section 1. This act shall be known and may be cited as the "anti-SLAPP act". § 2. Subdivisions (c) and (g) of rule 3211 of the civil practice law and rules, subdivision (c) as amended by judicial conference proposal number 4 for the year 1973, subdivision (g) as added by chapter 767 of the laws of 1992, are amended to read as follows: (c) Evidence permitted; immediate trial; motion treated as one for summary judgment. Upon the hearing of a motion made under subdivision (a) [or], (b) OR (G), either party may submit any evidence that could properly be considered on a motion for summary judgment. Whether or not issue has been joined, the court, after adequate notice to the parties, may treat the motion as a motion for summary judgment. The court may, when appropriate for the expeditious disposition of the controversy, order immediate trial of the issues raised on the motion. (g) Standards for motions to dismiss in certain cases involving public petition and participation. A motion to dismiss based on paragraph seven of subdivision (a) of this section, in which the moving party has demon- strated that the action, claim, cross claim or counterclaim subject to the motion is an action involving public petition and participation as defined in paragraph (a) of subdivision one of section seventy-six-a of the civil rights law, shall be granted unless the party responding to the motion demonstrates that the cause of action has a substantial basis in law or is supported by a substantial argument for an extension, modification or reversal of existing law. DISCOVERY SHALL BE SUSPENDED 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.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.