N.Y. Civil Practice Law & Rules Section 6315
Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order

The damages sustained by reason of a preliminary injunction or temporary restraining order may be ascertained upon motion on such notice to all interested persons as the court shall direct. Where the defendant enjoined was an officer of a corporation or joint-stock association or a representative of another person, and the amount of the undertaking exceeds the damages sustained by the defendant by reason of the preliminary injunction or temporary restraining order, the damages sustained by such corporation, association or person represented, to the amount of such excess, may also be ascertained. The amount of damages so ascertained is conclusive upon all persons who were served with notice of the motion and such amount may be recovered by the person entitled thereto in a separate action.

Source: Section 6315 — Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order, https://www.­nysenate.­gov/legislation/laws/CVP/6315 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 6315’s source at nysenate​.gov

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