Legal Opinion
Gordon v. Marrone
New York Supreme Court
Decided March 31, 1992PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Nicholas Colabella, J.
Does the award of attorney’s fees and expenses under 22 NYCRR subpart 130-1 for frivolous conduct, based on the prosecution of a colorable claim for an improper purpose, violate the Petition Clause of the First Amendment? This question arises, among others, in the context of what this court has previously characterized as a SLAPP suit, an acronym for strategic lawsuit against public participation. In a case of apparent first impression in this State, the court answers in the negative.
Petitioner is a nonresident owner of 158.74 acres of land in the…
2Cases cited19 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Bounds v. SmithSupreme Court of the United States · 1977
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- Hutto v. FinneySupreme Court of the United States · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wilcox v. Superior CourtCalifornia Court of Appeal · 1994
- Gordon v. MarroneAppellate Division of the Supreme Court of the State of New York · 1994
- Barrett v. BairdNevada Supreme Court · 1995
- Yeshiva Chofetz Chaim Radin, Inc. v. Village of New HempsteadDistrict Court, S.D. New York · 2000
- Isobe v. SakataniHawaii Intermediate Court of Appeals · 2012
9 more not listed; retrieve them via the Exa API.