2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 63 - (6301 - 6330) INJUNCTION
R6312 - Motion papers; undertaking; issues of fact.

 
    Rule 6312. Motion papers; undertaking; issues of fact.  (a) Affidavit;
  other  evidence.  On a motion for a preliminary injunction the plaintiff
  shall show, by affidavit and such other evidence as  may  be  submitted,
  that there is a cause of action, and either that the defendant threatens
  or  is about to do, or is doing or procuring or suffering to be done, an
  act in violation of the plaintiff's rights respecting the subject of the
  action and tending to render  the  judgment  ineffectual;  or  that  the
  plaintiff  has  demanded and would be entitled to a judgment restraining
  the defendant from the commission or continuance of an  act,  which,  if
  committed  or continued during the pendency of the action, would produce
  injury to the plaintiff.
    (b) Undertaking.  Except as provided in section  2512,  prior  to  the
  granting  of  a  preliminary  injunction,  the  plaintiff  shall give an
  undertaking in an amount to be fixed by the court, that  the  plaintiff,
  if  it  is  finally  determined  that  he  or she was not entitled to an
  injunction, will pay to the defendant all damages and costs which may be
  sustained by reason of the injunction, including:
    1. if the injunction is to stay proceedings in another action, on  any
  ground  other  than  that  a report, verdict or decision was obtained by
  actual fraud, all damages and costs which may be, or  which  have  been,
  awarded  in the other action to the defendant as well as all damages and
  costs which may be awarded him  or  her  in  the  action  in  which  the
  injunction was granted; or,
    2.  if  the  injunction is to stay proceedings in an action to recover
  real property, or for dower, on any ground other than  that  a  verdict,
  report  or  decision was obtained by actual fraud, all damages and costs
  which may be, or which have been, awarded to the defendant in the action
  in which the injunction was granted, including the reasonable rents  and
  profits  of,  and  any wastes committed upon, the real property which is
  sought to be recovered or which is the subject of the action for  dower,
  after the granting of the injunction; or,
    3.  if the injunction is to stay proceedings upon a judgment for a sum
  of money on any ground other than that  the  judgment  was  obtained  by
  actual fraud, the full amount of the judgment as well as all damages and
  costs  which  may be awarded to the defendant in the action in which the
  injunction was granted.
    (c) Issues of fact.  Provided  that  the  elements  required  for  the
  issuance of a preliminary injunction are demonstrated in the plaintiff's
  papers,  the  presentation  by  the  defendant of evidence sufficient to
  raise an issue of fact as to any of such elements shall not in itself be
  grounds for denial of the motion. In such event the court shall  make  a
  determination  by  hearing  or  otherwise  whether  each of the elements
  required for issuance of a preliminary injunction exists.