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S04282 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4282
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2025
                                       ___________
 
        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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "anti-SLAPP act".
     3    §  2.  Subdivision (c) and paragraph 1 of subdivision (g) of rule 3211
     4  of the civil practice law and rules, subdivision (c) as amended by judi-
     5  cial conference proposal number 4 for the year 1973, and paragraph 1  of
     6  subdivision  (g)  as  amended  by  chapter  250 of the laws of 2020, are
     7  amended to read as follows:
     8    (c) Evidence permitted; immediate trial; motion  treated  as  one  for
     9  summary  judgment.  Upon  the hearing of a motion made under subdivision
    10  (a) or (b) or paragraph one of subdivision (g), either party may  submit
    11  any  evidence  that could properly be considered on a motion for summary
    12  judgment. Whether or  not  issue  has  been  joined,  the  court,  after
    13  adequate  notice  to  the  parties, may treat the motion as a motion for
    14  summary judgment. The court may, when appropriate  for  the  expeditious
    15  disposition  of  the  controversy,  order  immediate trial of the issues
    16  raised on the motion.
    17    1. A motion to dismiss based on paragraph seven of subdivision (a)  of
    18  this  section,  in  which  the  moving  party  has demonstrated that the
    19  action, claim, cross claim or counterclaim subject to the motion  is  an
    20  action  involving  public petition and participation as defined in para-
    21  graph (a) of subdivision one  of  section  seventy-six-a  of  the  civil
    22  rights  law,  shall be granted unless the party responding to the motion
    23  demonstrates that the cause of action has a substantial basis in law  or
    24  is supported by a substantial argument for an extension, modification or
    25  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.
                                                                   LBD08032-01-5

        S. 4282                             2
 
     1  sion on the motion. The court shall grant preference in the  hearing  of
     2  such  motion  and  shall  set such hearing date no later then sixty days
     3  after the date of service of the motion unless the docket  condition  of
     4  the  court  requires  a later hearing, but in no event shall the hearing
     5  occur more than ninety days after service of the motion. If a motion  to
     6  dismiss  is  granted the court shall provide for the imposition of costs
     7  or other sanctions, including imposition of reasonable attorneys' fees.
     8    § 3. This act shall take effect immediately.
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