N.Y. CPLR § 6313

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6313 Temporary restraining order § 6313. Temporary restraining order. (a) Generally. If, on a motionfor a preliminary injunction, the plaintiff shall show that immediateand irreparable injury, loss or damages will result unless the defendantis restrained before a hearing can be had, a temporary restraining ordermay be granted without notice. Upon granting a temporary restrainingorder, the court shall set the hearing for the preliminary injunction atthe earliest possible time. No temporary restraining order may begranted in an action arising out of a labor dispute as defined insection eight hundred seven of the labor law, nor against a publicofficer, board or municipal corporation of the state to restrain theperformance of statutory duties.(b) Service. Unless the court orders otherwise, a temporaryrestraining order together with the papers upon which it was based, anda notice of hearing for the preliminary injunction, shall be personallyserved in the same manner as a summons.(c) Undertaking. Prior to the granting of a temporary restrainingorder the court may, in its discretion, require the plaintiff to give anundertaking in an amount to be fixed by the court, containing termssimilar to those set forth in subdivision (b) of rule 6312, and subjectto the exception set forth therein.