N.Y. Civil Practice Law & Rules § 1337: Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order

§ 1337. 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, 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. In order to establish the

claiming authority's liability for damages, the person seeking such

damages must prove by a preponderance of the evidence that, in causing

the temporary restraining order or preliminary injunction to be granted,

the claiming authority acted without reasonable cause and not in good

faith.