2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 63 - (6301 - 6330) INJUNCTION
6313 - Temporary restraining order.


NY CPLR § 6313 (2012) What's This?
 
    §  6313. Temporary restraining order.  (a) Generally.  If, on a motion
  for a preliminary injunction, the plaintiff shall  show  that  immediate
  and irreparable injury, loss or damages will result unless the defendant
  is restrained before a hearing can be had, a temporary restraining order
  may  be  granted  without  notice. Upon granting a temporary restraining
  order, the court shall set the hearing for the preliminary injunction at
  the earliest possible  time.  No  temporary  restraining  order  may  be
  granted  in  an  action  arising  out  of  a labor dispute as defined in
  section eight hundred seven of the  labor  law,  nor  against  a  public
  officer,  board  or  municipal  corporation of the state to restrain the
  performance of statutory duties.
    (b)  Service.    Unless  the  court  orders  otherwise,  a   temporary
  restraining  order together with the papers upon which it was based, and
  a notice of hearing for the preliminary injunction, shall be  personally
  served in the same manner as a summons.
    (c)  Undertaking.    Prior  to the granting of a temporary restraining
  order the court may, in its discretion, require the plaintiff to give an
  undertaking in an amount to be fixed  by  the  court,  containing  terms
  similar  to those set forth in subdivision (b) of rule 6312, and subject
  to the exception set forth therein.

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