§ 6311. Preliminary injunction.
187 words·~1 min read·
/ny/civil-practice-law-rules/injunction/6311·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 6311. Preliminary injunction. 1. A preliminary injunction may be
granted only upon notice to the defendant. Notice of the motion may be
served with the summons or at any time thereafter and prior to judgment.
A preliminary injunction to restrain a public officer, board or
municipal corporation of the state from performing a statutory duty may
be granted only by the supreme court at a term in the department in
which the officer or board is located or in which the duty is required
to be performed.
2. Notice of motion for a preliminary injunction to restrain state
officers or boards of state officers under the provisions of this
section must be upon notice served upon the defendant or respondent,
state officers or board of state officers and must be served upon the
attorney general by delivery of such notice to an assistant attorney
general at an office of the attorney general in the county in which
venue of the action is designated or if there is no office of the
attorney general in such county, at the office of the attorney general
nearest such county.