2020 New York Laws
CVP - Civil Practice Law and Rules
Article 63 - 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 and in actions
brought under section two hundred sixty-five-a of the real property law,
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.