Senate Bill S4994

2019-2020 Legislative Session

Creates the anti-SLAPP act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S4994 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3211, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S6554
2015-2016: S1539
2017-2018: S3417
2021-2022: S5211
2023-2024: S6784

2019-S4994 (ACTIVE) - Summary

Creates the anti-SLAPP act.

2019-S4994 (ACTIVE) - Sponsor Memo

2019-S4994 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2019-2020 Regular Sessions
                             I N  S E N A T E
                               April 3, 2019
 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

   Section 1. This act shall be known and may be cited as the "anti-SLAPP
   § 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.


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