Actions involving public petition and participation; recovery of damages

§ 70-a. Actions involving public petition and participation; recovery
of damages. 1. A defendant in an action involving public petition and
participation, as defined in paragraph (a) of subdivision one of section
seventy-six-a of this article, may maintain an action, claim, cross
claim or counterclaim to recover damages, including costs and attorney's
fees, from any person who commenced or continued such action; provided
that:

(a) costs and attorney's fees shall be recovered upon a demonstration,
including an adjudication pursuant to subdivision (g) of rule thirty-two
hundred eleven or subdivision (h) of rule thirty-two hundred twelve of
the civil practice law and rules, that the action involving public
petition and participation was commenced or continued without a
substantial basis in fact and law and could not be supported by a
substantial argument for the extension, modification or reversal of
existing law;

(b) other compensatory damages may only be recovered upon an
additional demonstration that the action involving public petition and
participation was commenced or continued for the purpose of harassing,
intimidating, punishing or otherwise maliciously inhibiting the free
exercise of speech, petition or association rights; and

(c) punitive damages may only be recovered upon an additional
demonstration that the action involving public petition and
participation was commenced or continued for the sole purpose of
harassing, intimidating, punishing or otherwise maliciously inhibiting
the free exercise of speech, petition or association rights.

2. The right to bring an action under this section can be waived only
if it is waived specifically.

3. Nothing in this section shall affect or preclude the right of any
party to any recovery otherwise authorized by common law, or by statute,
law or rule.