Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order · as in force on May 31, 2026
§ 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.
A court may determine damages caused by a preliminary injunction or temporary restraining order on a motion with court-directed notice to every interested person. ★ If the enjoined defendant acted for a corporation, joint-stock association or another person, and the undertaking exceeds that defendant’s own damages, the court may also determine the represented entity’s or person’s damages up to the excess. The amount found is binding on everyone served with the motion notice, and the entitled person may recover it in a separate action.
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.
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.