N.Y. Civil Practice Law & Rules § 6315: Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order

§ 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.