§ 70-B — Unlawful interference with protected rights

§ 70-b. Unlawful interference with protected rights. 1. For the\npurposes of this section, the term "legally protected health activity"\nshall have the same meaning as defined by section 570.17 of the criminal\nprocedure law.\n 2. A claim of unlawful interference with protected rights is\nestablished under this section. Such claim shall arise when a person\ndemonstrates that they engaged in legally protected health activity that\nresults in litigation or criminal charges brought against that person in\nany court in the United States or its territories.\n 3. Such claim shall arise when any person or entity commences an\naction in any court, in the United States or any of its territories, in\nwhich the allegations against the person, whether civil or criminal,\ninvolve legally protected health activity.\n 4. In a claim for unlawful interference with protected rights under\nthis section:\n (a) compensatory damages, as well as costs and attorneys' fees,\nincluding expert witness fees, shall be recoverable upon a demonstration\nof unlawful interference; and\n (b) additional damages of up to three times the amount of compensatory\ndamages shall be recoverable upon an additional demonstration that the\naction against the plaintiff was commenced or continued for the purpose\nof harassing, intimidating, punishing or otherwise maliciously\ninhibiting the exercise of rights protected in New York, including but\nnot limited to legally protected health activity.\n 5. Any action or proceeding brought pursuant to this section shall be\ncommenced no later than six years after the date on which the claim\nunder this section arises.\n 6. Nothing in this section shall affect or preclude the right of any\nparty to any recovery otherwise authorized by common law, or by statute,\nlaw or rule.\n 7. An action under this section shall be brought in the Supreme Court\nof the state of New York.\n