Actions involving public petition and participation; recovery of damages

§ 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 shall be recovered upon a demonstration,\nincluding an adjudication pursuant to subdivision (g) of rule thirty-two\nhundred eleven or subdivision (h) of rule thirty-two hundred twelve of\nthe civil practice law and rules, that the action involving public\npetition and participation was commenced or continued without a\nsubstantial basis in fact and law and could not be supported by a\nsubstantial argument for the extension, modification or reversal of\nexisting 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