CPLR art 63 Flashcards
6301- Grounds for Preliminary Injunction and Temporary Restraining Order
A _____________ may be granted in any action where it appears that the defendant is about to or threatens to perform an act in violation of the plaintiffs rights respecting the subject of the action or tending to render the judgment ineffectual or perform an act which if committed during the pendency of the action would produce injury to the plaintiff
preliminary injunction
6301- Grounds for Preliminary Injunction and Temporary Restraining Order
A _________________ may be granted pending a hearing for a preliminary injunction where it appears that immediate or irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had
temporary restraining order
6311- Preliminary Injunction
- A preliminary injunction may be granted only ______________ to the defendant.
- Notice of this motion may be served with the summons or anytime thereafter but ____________ to judgment
upon notice……… prior
6311- Preliminary Injunction
- A preliminary injunction to restrain a public officer, board or Municipal Corporation of the state from performing a statutory duty may be granted only by the ____________ where such officer or board is located or where the act is required to be performed.
- In such a case, such notice must also be served on the _____________ by serving the assistant attorney general at the office of the attorney general in the county in which venue of the action is designated or if there is no office of the attorney general in such county, at the office of the attorney general nearest such county.
Supreme Court…… attorney general
6312- Motion Papers; Undertaking+
The plaintiff shall show by ___________ that there is cause for such action and that the defendant is about to perform an act in violation of plaintiff’s rights and would be entitled to a judgment restraining the defendant
affidavit
6312- Motion Papers; Undertaking+
[Except for actions brought under CPLR 2512 (Undertaking by the state, municipal corporation or public officer) or RPL 265-A (Home equity theft prevention),]
- Prior to the granting of a preliminary injunction the plaintiff shall give an __________ in an amount to be fixed by the court, that in the event there was not just cause for such injunction they will pay to the defendant all damages and costs which may be sustained by reason of the injunction
undertaking
6312- Motion Papers; Undertaking+
In the event the defendant raises __________ to support the denial of the injunction, the court shall make a determination by hearing
an issue of fact
6313- Temporary Restraining Order
While the preliminary injunction may only be granted __________ the TRO or temporary restraining order is obtainable _____________ (without notice)
on notice,…….. ex parte
6313- Temporary Restraining Order
Upon granting a TRO, the court shall set the hearing for the __________ at the earliest possible time
preliminary injunction
6313- Temporary Restraining Order
No TRO can be granted in an action arising out of a _________ , nor against a public officer,board or municipal corporation to restrain the performance of _______________
labor dispute……… statutory duties
6313- Temporary Restraining Order
Generally service of TRO orders or notice of preliminary injunctions shall be personally served in the same manner as _____________
a summons
6313- Temporary Restraining Order
Prior to granting a TRO the court (MAY/SHALL) require the posting of an ________ in an amount fixed by the court
MAY……… undertaking
6314- Vacating or Modifying Preliminary Injunction or Temporary Restraining Order
A defendant may move to vacate or modify a preliminary injunction on notice to ___________
the plaintiff
6314- Vacating or Modifying Preliminary Injunction or Temporary Restraining Order
A defendant may move to vacate or modify a temporary restraining order on motion____________, to the judge who ________ or in his absence another judge
without notice……….granted it
6314- Vacating or Modifying Preliminary Injunction or Temporary Restraining Order
An order vacating or modifying a TRO shall be effective when together with the papers upon which it is based it is filed with the __________ and served on the plaintiff
clerk
6314- Vacating or Modifying Preliminary Injunction or Temporary Restraining Order
The court may required a defendant that is not a ____________ OR ________________ to post an undertaking to cover loss sustained by vacating or modifying the order
public body or officer
6315- Ascertaining Damages
Damages that a defendant ascertained due to a preliminary injunction or TRO may be recovered by a person entitled thereto in a separate action
6315- Ascertaining Damages
Damages that a defendant ascertained due to a preliminary injunction or TRO may be recovered by a person entitled thereto in a separate action
6330- Obscene Prints and Articles
- The __________ has jurisdiction to order the surrender or seizure and enjoin sale or distribution of obscene prints and articles.
- This could be in the form of drawings, images or any type of lewd, filthy or indecent publication.
Supreme Court
6330- Obscene Prints and Articles
The person, firm or corporation sought to be enjoined for such sale or distribution shall be entitled to a trial of the issues within _________ after joinder of issue and a decision shall be rendered by the court within ____________ of the conclusion of trial.
ONE (1) DAY……….. TWO (2) DAYS
6330- Obscene Prints and Articles
If a final order of injunction is granted in favor of the authorities, it shall contain a provision that such obscene material be surrendered to or seized by such authorities to be destroyed.
The court’s decision can:
- __________ the relief sought
- __________the relief sought
- Or enjoin the sale, display, distribution, etc. to persons under the age of _______________
Grant ………. Deny ………. SEVENTEEN (17)
