A SLAPP suit (Strategic Lawsuit Against Public Participation), typically sounding in defamation, is brought to intimidate or silence a person who has spoken out about a matter of public interest. The anti-SLAPP law, at Civil Rights Law §§ 70-a, 76-a, is designed to deter such suits and thus protect the free exercise of speech, petition, and association.
The anti-SLAPP law creates an accelerated summary dismissal procedure, which applies when a SLAPP suit defendant moves to dismiss pursuant to CPLR 3211(a)(7). Upon such a motion, the defendant bears the initial burden of showing that the action or claim actually is a SLAPP suit, pursuant to CPLR 3211[g][1]. If the defendant meets its burden, the burden shifts to the plaintiff to demonstrate that the claim has a substantial basis, which is a showing of such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact. If the claim is dismissed, the defendant recovers a mandatory award of attorneys' fees.
Karl Reeves, C.E.I.N.Y. Corp. v. Associated Newspapers, Ltd., NY Slip Op 01898 (1st Dep't April 9, 2024)
