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Message: <blockquote data-quote="Snarf Zagyg" data-source="post: 9398168" data-attributes="member: 7023840">I bothered to look into this.Apparently, there have been Erie issues in the past with the anti-SLAPP law,* so New York amended it to allow for it as a cause of action (a counter-claim).In addition, given that there were statement on a matter of public concern made in a public forum that are at issue, this would arguably fall within the ambit of NY's amended anti-SLAPP law.  See, e.g., Aristocrat Plastic Surgery, P.C. v. Silva, 206 A.D.3d 26, 32 (1st Dep’t 2022) (negative comment on yelp is a matter of public concern in a public forum, and NY's amended anti-SLAPP law would apply().In short, given what we know, there is a decent chance that LaNasa's quixotic behavior could expose him to damages and attorney's fees pursuant to the anti-SLAPP law. (Disclaimer- I am not offering any specific advice, and I have merely looked briefly into the issue and offering an uninformed opinion based on a brief perusal of the authorities.)*Seriously, you don't want an Erie discussion, Suffice to say that certain federal courts in New York have held that you can't use NY's anti-SLAPP procedure, but you can use the new counterclaim.  See Exec. Park Partners LLC v. Benicci Inc., 2023 WL 3739093 (S.D.N.Y. May 31, 2023) (holding that you can't use anti-SLAPP motion under NY Law); but see Max v. Lissner, 2023 WL 2346365 (S.D.N.Y. Mar. 3, 2023) (you can assert it as a claim).</blockquote>

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