New York § 70-B - 70-BUnlawful interference with protected rights

§ 70-B. 70-BUnlawful interference with protected rights

§ 70-b. Unlawful interference with protected rights. 1. For the purposes of this section, the term "legally protected health activity" shall have the same meaning as defined by section 570.17 of the criminal procedure law. 2. A claim of unlawful interference with protected rights is established under this section. Such claim shall arise when a person demonstrates that they engaged in legally protected health activity that results in litigation or criminal charges brought against that person in any court in the United States or its territories. 3. Such claim shall arise when any person or entity commences an action in any court, in the United States or any of its territories, in which the allegations against the person, whether civil or criminal, involve legally protected health activity. 4. In a claim for unlawful interference with protected rights under this section: (a) compensatory damages, as well as costs and attorneys' fees, including expert witness fees, shall be recoverable upon a demonstration of unlawful interference; and (b) additional damages of up to three times the amount of compensatory damages shall be recoverable upon an additional demonstration that the action against the plaintiff was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the exercise of rights protected in New York, including but not limited to legally protected health activity. 5. Any action or proceeding brought pursuant to this section shall be commenced no later than six years after the date on which the claim under this section arises. 6. 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. 7. An action under this section shall be brought in the Supreme Court of the state of New York.