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A04799 Summary:

BILL NOA04799
 
SAME ASNo Same As
 
SPONSORMontesano
 
COSPNSR
 
MLTSPNSR
 
Amd §3018, CPLR
 
Provides that qualified privilege shall not be an affirmative defense to defamation if the statements giving rise to the claim are made in the course of a judicial proceeding or a quasi-judicial proceeding and are not pertinent or cannot be deemed relevant despite every liberality of interpretation to such proceedings.
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A04799 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4799
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to prohib-
          iting affirmative defenses in certain defamation actions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 3018 of the civil practice law and rules is amended
     2  by adding a new subdivision (c) to read as follows:
     3    (c)  Defamation. However, qualified privilege shall not be an affirma-
     4  tive defense to defamation if the statements giving rise  to  the  claim
     5  are  made  in  the  course  of a judicial proceeding or a quasi-judicial
     6  proceeding and are not pertinent or cannot be  deemed  relevant  despite
     7  every liberality of interpretation to such proceedings.
     8    §  2.  This  act shall take effect immediately; provided, however, the
     9  provisions contained in subdivision (c) of section  3018  of  the  civil
    10  practice law and rules shall apply to actions commenced on or before the
    11  effective date of this act.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08492-01-1
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