Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 05, 2022 | referred to judiciary |
Feb 26, 2021 | referred to judiciary |
senate Bill S5211
Sponsored By
Kevin S. Parker
(D, WF) 21st Senate District
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
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) - Sponsor Memo
BILL NUMBER: S5211 SPONSOR: PARKER TITLE OF BILL: An act to amend the civil practice law and rules, in relation to creat- ing 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 deci-
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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