Anti-SLAPP Laws in New York

At a glance

Requirements one by one

Protected activity

Civil Rights Law § 76-a(1) reaches a claim based on a public-forum communication connected to an issue of public interest. It also covers specified other lawful conduct furthering constitutional speech or petition rights. The statute defines “public interest” as “any subject other than a purely private matter.”

The motion and its procedure

A covered CPLR 3211(a)(7) motion uses § 3211(g)'s dismissal rule. Filing that motion stays discovery, pending hearings, and motions until notice of entry of the ruling, a point later than the ruling itself. Under § 3211(g)(3), the court may allow specified discovery limited to issues raised by the motion if the opponent shows by affidavit or declaration why essential opposing facts cannot otherwise be presented. Section 3212(h) supplies a heightened summary judgment standard and hearing preference; it does not impose § 3211(g)(3)'s filing stay on a summary judgment motion.

Burden of proof

Under § 3211(g)(1), after the movant demonstrates that the claim fits § 76-a(1), dismissal follows unless the opponent shows “a substantial basis in law” or a substantial argument for extending, modifying, or reversing existing law. Section 3212(h) uses the different phrase “a substantial basis in fact and law” for summary judgment, with the same alternative argument.

Attorney's fees

Civil Rights Law § 70-a provides a separate route to costs and attorney's fees when the covered action was commenced or continued without a substantial basis in fact and law and without a substantial argument for changing existing law. Other compensatory damages require an additional showing of the specified harassing or malicious purpose. Punitive damages require that to have been the sole purpose; the section does not state a clear-and-convincing proof standard for those additional damages.

What trips people up

A § 70-a claim can be waived only specifically, under § 70-a(2). The motion standards and the separate damages claim serve different functions; a ruling on a motion does not erase the elements stated for a damages recovery.

Common questions

Can a counterclaim fall within this law? Yes. Section 76-a(1)(b) defines “claim” to include a cross-claim and counterclaim, as well as a lawsuit or cause of action.

Can the defendant seek § 70-a relief by counterclaim? Yes. Section 70-a(1) allows an action, claim, cross claim, or counterclaim for its stated relief.

Statutes and sources

• N.Y. Civil Rights Law § 76-a — “"Public interest" shall be construed broadly, and shall mean any subject other than a purely private matter.” https://www.nysenate.gov/legislation/laws/CVR/76-A (accessed 2026-09-26).
• N.Y. Civil Rights Law § 70-a — “The right to bring an action under this section can be waived only if it is waived specifically.” https://www.nysenate.gov/legislation/laws/CVR/70-A (accessed 2026-09-26).
• N.Y. C.P.L.R. 3211(g)(1) — “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.” https://www.nysenate.gov/legislation/laws/CVP/3211 (accessed 2026-09-26).
• N.Y. C.P.L.R. 3211(g)(3) — “All discovery, pending hearings, and motions in the action shall be stayed upon the filing of a motion made pursuant to this section.” https://www.nysenate.gov/legislation/laws/CVP/3211 (accessed 2026-09-26).
• N.Y. C.P.L.R. 3212(h) — “shall be granted unless the party responding to the motion demonstrates that the action, claim, cross claim or counterclaim has a substantial basis in fact and law or is supported by a substantial argument for an extension, modification or reversal of existing law.” https://www.nysenate.gov/legislation/laws/CVP/3212 (accessed 2026-09-26).
• N.Y. C.P.L.R. 5701(a)(2) — “(iv) involves some part of the merits; or (v) affects a substantial right; or” https://www.nysenate.gov/legislation/laws/CVP/5701 (accessed 2026-09-26).