N.Y. CPLR § 1337

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1337 Ascertaining damages sustained by reason of preliminaryinjunction or temporary restraining order § 1337. Ascertaining damages sustained by reason of preliminaryinjunction or temporary restraining order. The damages sustained byreason of a preliminary injunction or temporary restraining order may beascertained upon motion on such notice to all interested persons as thecourt shall direct. Where the defendant enjoined was an officer of acorporation or joint-stock association or a representative of anotherperson, the damages sustained by such corporation, association or personrepresented, to the amount of such excess, may also be ascertained. Theamount of damages so ascertained is conclusive upon all persons who wereserved with notice of the motion and such amount may be recovered by theperson entitled thereto in a separate action. In order to establish theclaiming authority's liability for damages, the person seeking suchdamages must prove by a preponderance of the evidence that, in causingthe temporary restraining order or preliminary injunction to be granted,the claiming authority acted without reasonable cause and not in goodfaith.