N.Y. Civil Rights Law 79-N – Bias-related violence or intimidation; civil remedy
* § 79-n. Bias-related violence or intimidation; civil remedy. 1. The following definitions are applicable to this section:
Terms Used In N.Y. Civil Rights Law 79-N
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Summons: Another word for subpoena used by the criminal justice system.
(a) The term "disability" means a physical or mental impairment that substantially limits a major life activity.
(b) The term "age" means sixty years of age or more.
(c) The term "sexual orientation" means a person's actual or perceived homosexuality, heterosexuality, or bisexuality.
(d) The term "gender" means a person's actual or perceived sex and shall include a person's gender identity or expression.
2. Any person who intentionally selects a person or property for harm or causes damage to the property of another or causes physical injury or death to another, or subjects a person to conduct that would constitute harassment under § 240.25 of the penal law, or summons a police officer or peace officer without reason to suspect a violation of the penal law, any other criminal conduct, or an imminent threat to a person or property, in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or any person who aids or incites any such conduct, shall be liable, in a civil action or proceeding maintained by such individual or group of individuals, for injunctive relief, damages, or any other appropriate relief in law or equity. If it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. For the purposes of this subdivision, a person lacks reason to suspect a violation of the penal law, any other criminal conduct, or an imminent threat to a person or property where a reasonable person would not suspect such violation, conduct, or threat.
3. In addition to the remedies in subdivision two of this section, whenever there shall be a violation of this section by any person or by any firm, partnership, association, or corporation, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction for an injunction to enjoin and restrain the continuance of such activity, and to seek damages, or any other appropriate relief in law or equity. In connection with any such application, the attorney general is authorized to take proof and determine the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
4. In any such action or proceeding, the court, in its discretion, may allow the party commencing such action or proceeding, if such party prevails, reasonable attorneys' fees as part of the costs.
5. In addition to the remedies provided in subdivisions two and three of this section, a court may additionally impose a civil penalty of not more than five thousand dollars for each violation of this section.
* NB There are 2 § 79-n's