senate Bill S5211

2021-2022 Legislative Session

Creates the anti-SLAPP act

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to judiciary
Feb 26, 2021 referred to judiciary

S5211 (ACTIVE) - Details

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
2019-2020: S4994

S5211 (ACTIVE) - Summary

Creates the anti-SLAPP act.

S5211 (ACTIVE) - Sponsor Memo

S5211 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5211
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 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. Subdivision (c) and paragraph 1 of subdivision (g) of  rule  3211
 of the civil practice law and rules, subdivision (c) as amended by judi-
 cial  conference proposal number 4 for the year 1973, and paragraph 1 of
 subdivision (g) as amended by chapter 250  of  the  laws  of  2020,  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 PARAGRAPH ONE OF SUBDIVISION (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.
   1.  A motion to dismiss based on paragraph seven of subdivision (a) of
 this section, in which  the  moving  party  has  demonstrated  that  the
 action,  claim,  cross claim or counterclaim subject to the motion is an
 action involving public petition and participation as defined  in  para-
 graph  (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  DECI-

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

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