Provides that a cause of action for a declaratory judgement of libel or slander would accrue to the spouse, parent or child of a decedent as the result of a libel or slander which occurred after, but within five years of a decedent's death; provides that any such action must be commenced within one year of the date of the alleged libel or slander; provides that prior to the commencement of such action, the spouse, parent or child must request a retraction of such statements by registered or certified letter.
STATE OF NEW YORK
________________________________________________________________________
421
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sens. BRESLIN, HASSELL-THOMPSON, KRUGER, ONORATO, SAMPSON,
STACHOWSKI, STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law and the civil practice law and
rules, in relation to the accrual of a cause of action for a declara-
tory judgment of libel or slander of a decedent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section
2 78-a to read as follows:
3 § 78-a. Cause of action for a declaratory judgment of libel or slan-
4 der of a decedent. A cause of action for a declaratory judgment shall
5 accrue to the spouse, parent or child of a decedent as a result of a
6 libel or slander that occurred after, but within five years of the
7 decedent's death. Any such action must be commenced within one year
8 pursuant to section two hundred fifteen of the civil practice law and
9 rules. Prior to the commencement of such action, the plaintiff must
10 request a retraction of such alleged libelous or slanderous statements
11 by a registered or certified letter, return receipt requested from the
12 defendant. In such letter, the plaintiff must set forth, in general
13 terms, their objections to the alleged libelous or slanderous state-
14 ments. No action may be commenced until thirty days after such letter
15 is received. If the defendant is a newspaper or a radio or television
16 station, a copy of such letter must also be sent to one national wire
17 service and one newspaper of general circulation in the same county as
18 such alleged libelous or slanderous statements were published or spoken.
19 Notwithstanding any other provision of law, tape recordings with the
20 deceased may be admitted as evidence subject to all other evidentiary
21 standards.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03512-01-9
S. 421 2
1 § 2. Section 215 of the civil practice law and rules is amended by
2 adding a new subdivision 9 to read as follows:
3 9. an act for a declaratory judgment of libel or slander of a decedent
4 pursuant to section seventy-eight-a of the civil rights law.
5 § 3. This act shall take effect immediately and shall only apply to a
6 libel or slander made on or after such effective date.
