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This entry was published on 2014-09-22
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SECTION 6315
Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 63
§ 6315. 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, and the amount of the undertaking exceeds the damages sustained
by the defendant by reason of the preliminary injunction or temporary
restraining order, 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.