Opinion
16459 Index No. 157550/20 Case No. 2021-04446
10-18-2022
Michael CISNEROS etc., et al., Plaintiffs–Respondents, v. Logan COOK et al., Defendants–Appellants.
Dhillon Law Group, Inc., New York (Ronald D. Coleman of counsel), for Logan Cook, appellant. Binnall Law Group, PLLC, Alexandria, VA (Jesse R. Binall of the bar of the State of Idaho and Commonwealth of Virginia, admitted pro hac vice, of counsel), and John E. Sweeney, Clifton Park (Robert M. Schecter of counsel), for Donald J. Trump and Donald J. Trump for President, Inc., appellants. Johnson Law, PLC, Detroit, MI (Vernon R. Johnson of the bar of the State of Michigan and Christopher P. Desmond, of the bar of the State of Michigan, admitted pro hac vice, of counsel), for Michael Cisneros and Alex Hanson, respondents. Maggiano, DiGirolamo & Lizzi P.C., New York (Michael Lizzi of counsel), for Erica McKenna and Daniel McKenna, respondents.
Dhillon Law Group, Inc., New York (Ronald D. Coleman of counsel), for Logan Cook, appellant.
Binnall Law Group, PLLC, Alexandria, VA (Jesse R. Binall of the bar of the State of Idaho and Commonwealth of Virginia, admitted pro hac vice, of counsel), and John E. Sweeney, Clifton Park (Robert M. Schecter of counsel), for Donald J. Trump and Donald J. Trump for President, Inc., appellants.
Johnson Law, PLC, Detroit, MI (Vernon R. Johnson of the bar of the State of Michigan and Christopher P. Desmond, of the bar of the State of Michigan, admitted pro hac vice, of counsel), for Michael Cisneros and Alex Hanson, respondents.
Maggiano, DiGirolamo & Lizzi P.C., New York (Michael Lizzi of counsel), for Erica McKenna and Daniel McKenna, respondents.
Manzanet–Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.
Order, Supreme Court, New York County (David Benjamin Cohen, J.), entered on or about July 9, 2021, which, to the extent appealed from, denied defendants’ request for attorneys’ fees or other damages under Civil Rights Law § 70–a(1)(a), unanimously affirmed, with costs.
The November 2020 amendments to New York's anti-strategic lawsuit against public participation (anti-SLAPP) statutes ( Civil Rights Law §§ 70–a and 76–a ), which, among other things, mandate the award of costs and attorneys’ fees to victims of SLAPP suits, do not apply retroactively (see Gottwald v. Sebert, 203 A.D.3d 488, 165 N.Y.S.3d 38 [1st Dept. 2022] ; see also Kurland & Assoc., P.C. v. Glassdoor, Inc., 205 A.D.3d 545, 545, 166 N.Y.S.3d 847 [1st Dept.2022] ). Plaintiffs commenced this action in September 2020, a few months before the amendments were enacted. Thus, the court was not required to award attorneys’ fees despite its finding that plaintiffs’ lawsuit constituted a SLAPP suit (see Muller v. Abbott, 25 A.D.3d 674, 807 N.Y.S.2d 311 [2d Dept. 2006], lv dismissed 6 N.Y.3d 890, 817 N.Y.S.2d 625, 850 N.E.2d 672 [2006], citing Matter of West Branch Conservation Assn., Inc. v. Planning Bd. of Town of Clarkstown, 222 A.D.2d 513, 515, 636 N.Y.S.2d 61 [2d Dept. 1995] ). In any event, the court providently exercised its discretion in declining to award attorneys’ fees, and we find no basis to disturb its decision (see Goldstein v. Held, 93 A.D.3d 689, 690, 939 N.Y.S.2d 873 [2d Dept. 2012] ).