Legal Opinion

Harfenes v. Sea Gate Ass'n

New York Supreme Court

Decided August 10, 1995PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Beverly S. Cohen, J.

This is an action brought by plaintiffs for the recovery of damages under the provisions of Civil Rights Law § 70-a, which provides a cause of action for alleged victims of "SLAPP” suits (Strategic Lawsuits Against Public Participation).

In 1992, the Legislature enacted Civil Rights Law §§ 70-a and 76-a to protect citizen activists from lawsuits brought against them in retaliation for their public advocacy. This *649legislation permits a defendant in an action "involving public petition and participation * * * [to] maintain an action * * * to recover damages…

2Cases cited4 opinions

  1. Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
  2. Dollar Dry Dock Bank v. Piping Rock Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Montalto v. Westchester Street Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Hawkins v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1944

3Cited by14 opinions

  1. Chandok v. KlessigCourt of Appeals for the Second Circuit · 2011
  2. Guerrero v. CarvaAppellate Division of the Supreme Court of the State of New York · 2004
  3. Agar v. JudyCourt of Chancery of Delaware · 2017
  4. Niagara Mohawk Power Corp. v. TestoneAppellate Division of the Supreme Court of the State of New York · 2000
  5. Yeshiva Chofetz Chaim Radin, Inc. v. Village of New HempsteadDistrict Court, S.D. New York · 2000

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