N.Y. Civ. Rights Law § 70-a

§ 70-a. Actions involving public petition and participation; recovery\nof damages. 1. A defendant in an action involving public petition and\nparticipation, as defined in paragraph (a) of subdivision one of section\nseventy-six-a of this article, may maintain an action, claim, cross\nclaim or counterclaim to recover damages, including costs and attorney's\nfees, from any person who commenced or continued such action; provided\nthat:\n (a) costs and attorney's fees may be recovered upon a demonstration\nthat the action involving public petition and participation was\ncommenced or continued without a substantial basis in fact and law and\ncould not be supported by a substantial argument for the extension,\nmodification or reversal of existing law;\n (b) other compensatory damages may only be recovered upon an\nadditional demonstration that the action involving public petition and\nparticipation was commenced or continued for the purpose of harassing,\nintimidating, punishing or otherwise maliciously inhibiting the free\nexercise of speech, petition or association rights; and\n (c) punitive damages may only be recovered upon an additional\ndemonstration that the action involving public petition and\nparticipation was commenced or continued for the sole purpose of\nharassing, intimidating, punishing or otherwise maliciously inhibiting\nthe free exercise of speech, petition or association rights.\n 2. The right to bring an action under this section can be waived only\nif it is waived specifically.\n 3. Nothing in this section shall affect or preclude the right of any\nparty to any recovery otherwise authorized by common law, or by statute,\nlaw or rule.\n