N.Y. Civil Practice Law & Rules § 1333: Grounds for preliminary injunction and temporary restraining order

§ 1333. Grounds for preliminary injunction and temporary restraining

order. A preliminary injunction may be granted in any action under this

article, whether for money damages or otherwise, 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 claiming authority's

rights respecting the subject of the action, and thereby tending to

render a resulting judgment ineffectual. 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.

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.