SCPS, LLC v Kind Law

Holding The court granted the defendants’ motion to dismiss the complaint under CPLR 3211(g), finding that the plaintiffs’ claims lacked a substantial basis and targeted protected speech involving public petition and participation. Consequently, the court ordered the plaintiffs to pay the defendants’ legal fees pursuant to Civil Rights Law § 70-a.

The court’s words

The Court finds that the speech targeted by this lawsuit falls within Civil Rights Law § 76-a's ambit and therefore CPLR 3211(g) applies.

90 Misc 3d 267, at the official text

California law bars malicious prosecutions claims that arise from contractually agreed upon arbitration

90 Misc 3d 267, at the official text

Defendants show they were authorized to commence arbitrations by the claimants and they reasonably relied on the claimants' representations

90 Misc 3d 267, at the official text

Where relief may be afforded under traditional tort concepts, prima facie tort may not be invoked as a basis to sustain a pleading which otherwise fails to state a cause of action in conventional tort

90 Misc 3d 267, at the official text