§ 6313. Temporary restraining order.

210 words·~1 min read·/ny/civil-practice-law-rules/injunction/6313·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Generally. If, on a motion

for a preliminary injunction, the plaintiff shall show that immediate

and irreparable injury, loss or damages will result unless the defendant

is restrained before a hearing can be had, a temporary restraining order

may be granted without notice. Upon granting a temporary restraining

order, the court shall set the hearing for the preliminary injunction at

the earliest possible time. No temporary restraining order may be

granted in an action arising out of a labor dispute as defined in

section eight hundred seven of the labor law, nor against a public

officer, board or municipal corporation of the state to restrain the

performance of statutory duties.

(b)Service. Unless the court orders otherwise, a temporary

restraining order together with the papers upon which it was based, and

a notice of hearing for the preliminary injunction, shall be personally

served in the same manner as a summons.

(c)Undertaking. Prior to the granting of a temporary restraining

order the court may, in its discretion, require the plaintiff to give an

undertaking in an amount to be fixed by the court, containing terms

similar to those set forth in subdivision

(b)of rule 6312, and subject

to the exception set forth therein.