N.Y. C.P.L.R. 1337

§ 1337. Ascertaining damages sustained by reason of preliminary\ninjunction or temporary restraining order. The damages sustained by\nreason of a preliminary injunction or temporary restraining order may be\nascertained upon motion on such notice to all interested persons as the\ncourt shall direct. Where the defendant enjoined was an officer of a\ncorporation or joint-stock association or a representative of another\nperson, the damages sustained by such corporation, association or person\nrepresented, to the amount of such excess, may also be ascertained. The\namount of damages so ascertained is conclusive upon all persons who were\nserved with notice of the motion and such amount may be recovered by the\nperson entitled thereto in a separate action. In order to establish the\nclaiming authority's liability for damages, the person seeking such\ndamages must prove by a preponderance of the evidence that, in causing\nthe temporary restraining order or preliminary injunction to be granted,\nthe claiming authority acted without reasonable cause and not in good\nfaith.\n