# New York — Anti-SLAPP special motion deadlines, fee-shifting and discovery stay by state

For New York, attorney's fees for the prevailing party is 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;; statute is N.Y. Civ. Rights Law § 70-a, recorded from its source on 2026-09-02.

- **State:** New York _(our reading, not quoted from the source)_
- **Attorney's fees for the prevailing party:** 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; _(verified: appears in its own passage below)_
- **Statute:** N.Y. Civ. Rights Law § 70-a _(our reading, not quoted from the source)_

## What the source says

> 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;

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Attorney's fees for the prevailing party

> 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;

## Source

- https://newyork.public.law/laws/n.y._civil_rights_law_section_70-a

Last verified: 2026-09-02. Review by: 2027-09-02.
Part of [Anti-SLAPP special motion deadlines, fee-shifting and discovery stay by state](https://referencesource.org/anti-slapp-motion-provisions-by-state/).