First Department Clarifies "Substantial Basis" Standard Under New York's Anti-SLAPP Statute

New York's anti-Strategic Lawsuit Against Public Participation (SLAPP) statute aims to protect free speech by providing an accelerated summary dismissal procedure for claims that discourage participation in matters of public interest. Under the statute's burden-shifting framework, if the defendant can demonstrate that an action against it involves "public petition and participation," the plaintiff must show that its cause of action has a "substantial basis in law" or face dismissal.¹

In Reeves v. Associated Newspapers, Ltd., 2024 WL 3892069 (N.Y. App. Div. 1st Dep't Aug. 22, 2024), the New York Appellate Division, First Department clarified that "substantial basis" under the anti-SLAPP statute (1) means "such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" and (2) is "more exacting" than the general motion to dismiss standard under CPLR 3211(a)(7).² In addition, the First Department opined on amendments made to