N.Y. Civ. Rights Law § 76-a
Actions involving public petition and participation; when actual malice to be proven
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 76-a. Actions involving public petition and participation; when\nactual malice to be proven. 1. For purposes of this section:\n (a) An "action involving public petition and participation" is an\naction, claim, cross claim or counterclaim for damages that is brought\nby a public applicant or permittee, and is materially related to any\nefforts of the defendant to report on, comment on, rule on, challenge or\noppose such application or permission.\n (b) "Public applicant or permittee" shall mean any person who has\napplied for or obtained a permit, zoning change, lease, license,\ncertificate or other entitlement for use or permission to act from any\ngovernment body, or any person with an interest, connection or\naffiliation with such person that is materially related to such\napplication or permission.\n (c) "Communication" shall mean any statement, claim, allegation in a\nproceeding, decision, protest, writing, argument, contention or other\nexpression.\n (d) "Government body" shall mean any municipality, the state, any\nother political subdivision or agency of such, the federal government,\nany public benefit corporation, or any public authority, board, or\ncommission.\n 2. In an action involving public petition and participation, damages\nmay only be recovered if the plaintiff, in addition to all other\nnecessary elements, shall have established by clear and convincing\nevidence that any communication which gives rise to the action was made\nwith knowledge of its falsity or with reckless disregard of whether it\nwas false, where the truth or falsity of such communication is material\nto the cause of action at issue.\n 3. Nothing in this section shall be construed to limit any\nconstitutional, statutory or common law protections of defendants to\nactions involving public petition and participation.\n
§ 76-a. Actions involving public petition and participation; when\nactual malice to be proven. 1. For purposes of this section:\n (a) An "action involving public petition and participation" is a claim\nbased upon:\n (1) any communication in a place open to the public or a public forum\nin connection with an issue of public interest; or\n (2) any other lawful conduct in furtherance of the exercise of the\nconstitutional right of free speech in connection with an issue of\npublic interest, or in furtherance of the exercise of the constitutional\nright of petition.\n (b) "Claim" includes any lawsuit, cause of action, cross-claim,\ncounterclaim, or other judicial pleading or filing requesting relief.\n (c) "Communication" shall mean any statement, claim, allegation in a\nproceeding, decision, protest, writing, argument, contention or other\nexpression.\n (d) "Public interest" shall be construed broadly, and shall mean any\nsubject other than a purely private matter.\n 2. In an action involving public petition and participation, damages\nmay only be recovered if the plaintiff, in addition to all other\nnecessary elements, shall have established by clear and convincing\nevidence that any communication which gives rise to the action was made\nwith knowledge of its falsity or with reckless disregard of whether it\nwas false, where the truth or falsity of such communication is material\nto the cause of action at issue.\n 3. Nothing in this section shall be construed to limit any\nconstitutional, statutory or common law protections of defendants to\nactions involving public petition and participation.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.