New York Laws
Article 13-A - Proceeds of a Crime-Forfeiture
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.

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