CPLR § 6301

Grounds for preliminary injunction and temporary restraining order  ·  as in force on May 31, 2026

§ 6301. Grounds for preliminary injunction and temporary restraining order. A preliminary injunction may be granted in any action where it appears 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 in any action where 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. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/6301

In plain English

A court may grant interim relief to keep the defendant's conduct from harming the plaintiff or defeating the judgment. A preliminary injunction may be granted in any action where the defendant threatens, is about to do, or is doing (or procuring or allowing) an act violating the plaintiff's rights in the subject of the action and tending to render the judgment ineffectual, or where the plaintiff has demanded and would be entitled to a judgment restraining an act that would injure the plaintiff if committed or continued while the action is pending. ★ A temporary restraining order may be granted pending the injunction hearing where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.