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Assembly Bill A4104

2019-2020 Legislative Session

Prohibits affirmative defenses in certain defamation actions

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Archive: Last Bill Status - In Assembly Committee

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2019-A4104 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3018, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A11373
2021-2022: A4799

2019-A4104 (ACTIVE) - Summary

Provides that qualified privilege shall not be an affirmative defense to defamation if the statements giving rise to the claim are made in the course of a judicial proceeding or a quasi-judicial proceeding and are not pertinent or cannot be deemed relevant despite every liberality of interpretation to such proceedings.

2019-A4104 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4104
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to prohib-
   iting affirmative defenses in certain defamation actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3018 of the civil practice law and rules is amended
 by adding a new subdivision (c) to read as follows:
   (C)  DEFAMATION. HOWEVER, QUALIFIED PRIVILEGE SHALL NOT BE AN AFFIRMA-
 TIVE DEFENSE TO DEFAMATION IF THE STATEMENTS GIVING RISE  TO  THE  CLAIM
 ARE  MADE  IN  THE  COURSE  OF A JUDICIAL PROCEEDING OR A QUASI-JUDICIAL
 PROCEEDING AND ARE NOT PERTINENT OR CANNOT BE  DEEMED  RELEVANT  DESPITE
 EVERY LIBERALITY OF INTERPRETATION TO SUCH PROCEEDINGS.
   §  2.  This  act shall take effect immediately; provided, however, the
 provisions contained in subdivision (c) of section  3018  of  the  civil
 practice law and rules shall apply to actions commenced on or before the
 effective date of this act.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08311-01-9

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