Yeah, IMNSHO this is a textbook SLAPP.
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).