CPLR 1337 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1336 Vacating or modifying preliminary injunction or temporary restraining order up ARTICLE 13-A Proceeds of a Crime-forfeiture next SECTION 1338 Appointment and powers of temporary receiver Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1337 Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-A § 1337. 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, 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. In order to establish the claiming authority's liability for damages, the person seeking such damages must prove by a preponderance of the evidence that, in causing the temporary restraining order or preliminary injunction to be granted, the claiming authority acted without reasonable cause and not in good faith.