2006 New York Code - Ascertaining Damages Sustained By Reason Of Preliminary Injunction Or Temporary Restraining Order.



 
    §  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.

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