Article 63 Injunction Flashcards
CPLR 6301
As to a preliminary injunction and a temporary restraining order:
(a) they are two names for the same thing
(b) they are totally unrelated
(c) a temporary restraining order may be granted pending a hearing for a preliminary injunction
(d) a preliminary injunction may be granted pending a hearing for a temporary restraining order.
Answer: (c)
CPLR 6301 provides that a preliminary injunction may be granted in order to maintain the status quo while an action is pending. In contrast, a temporary restraining order may be granted in order to maintain the status quo pending the hearing for the preliminary injunction. Thus, choice (c) is correct.
CPLR 6311
A notice of motion for a preliminary injunction may be served on defendant:
(a) any time prior to service of summons
(b) only with the summons
(c) any time after judgment
(d) with the summons or at any time thereafter and prior to judgment.
Answer: (d)
CPLR 6311(1) provides that 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. Thus, choice (d) is correct.
CPLR 6312
Select the best answer.
Before a preliminary injunction can be granted, plaintiff must demonstrate by affidavit and such other evidence as may be submitted that he is entitled to such an injunction. Which of the following is a ground for the granting of a preliminary injunction:
(a) that the defendant threatens to do an act in violation of the plaintiffs rights respecting the subject of the action and tending to render the judgment ineffectual
(b) that the plaintiff has demanded and would be entitled to a judgment restraining the defendant from the commission of an act which, if committed during the pendency of the action, would produce injury to the plaintiff
(c) both (a) and (b) are correct
(d) neither (a) nor (b) is correct.
Answer: (c)
CPLR 6312(a) clearly indicates that both choices (a) and (b) are correct.
CPLR 6311 & 6313
With respect to a temporary restraining order and a preliminary injunction:
(a) neither requires notice
(b) both require notice
(c) only a temporary restraining order requires notice
(d) only a preliminary injunction requires notice.
Answer: (d)
CPLR 6311 provides that a preliminary injunction may be granted only upon notice to the defendant. Thus, choice (a) is incorrect. CPLR 6313(a) provides that 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. Thus choices (b) and (c) are incorrect, and it is only a preliminary injunction, choice (d), that requires notice.
CPLR 6314
Select the best answer.
An order granted without notice vacating or modifying a temporary restraining order shall be effective when it and the papers upon which it is based are:
(a) filed with the clerk, only
(b) served upon the plaintiff, only
(c) filed with the clerk or served upon the plaintiff
(d) filed with the clerk and served upon the plaintiff.
Answer: (d)
CPLR 6314 provides that an order granted without notice vacating or modifying a temporary restraining order shall be effective when it and the papers upon which it is based are filed with the clerk and served upon the plaintiff. Thus, choice (d) is correct.
CPLR 6330
The Supreme Court has jurisdiction to enjoin the distribution of obscene materials. When such an injunction is sought the distributor shall be entitled to a trial of issues:
(a) within two days of service of summons and complaint
(b) within one day of service of the answer
(c) within two days of service of the answer
(d) within one day of service of the summons and complaint.
Answer: (b)
CPLR 6330 provides that the entity sought to be enjoined shall be entitled to a trial of the issues within one day after joinder of issue (i.e., service of its answer). Thus, choice (b) is correct.
CPLR 6340(2)
In an application for an extreme risk protection order (a court order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun) who does not have authority to petition the court for such an order?
(a) a police officer;
(b) a family or household member;
(c) a probation officer;
(d) a social worker.
Answer: (c) (New, 2022)
Correct answer is (c) per CPLR6340(2). A probation officer is a peace officer, not a police officer (see Criminal Procedure Law 1.20 and 2.10).
CPLR 6348
A health care provider who applies for an extreme risk protection order (a court order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun), involving a patient of that health care provider
(a) is liable for breaching patient/provider confidentiality;
(b) must apply for the extreme risk protection order anonymously;
(c) is not listed in CPLR6340(2)as one who has authority to make such an application;
(d) is not liable for any civil or criminal liability with respect application.
Answer (d) (New, 2022)
The correct answer is (d) per CPLR 6348. A health care provider is listed as a possible applicant for an extreme risk protection order under CPLR6340(2).
