Public-domain · open source
OpenJurist

N.Y. C.P.L.R. 6315

Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order

2014-09-22

§ 6315. 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, and the amount of the undertaking exceeds the damages sustained\nby the defendant by reason of the preliminary injunction or temporary\nrestraining order, the damages sustained by such corporation,\nassociation or person represented, to the amount of such excess, may\nalso be ascertained. The amount of damages so ascertained is conclusive\nupon all persons who were served with notice of the motion and such\namount may be recovered by the person entitled thereto in a separate\naction.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.