CPLR Article 63

Question 1

A __________ may be granted pending a hearing for a preliminary injunction

Answer 1

Temporary restraining order (CPLR 6311)

Question 2

T/F? TRO may be granted in action arising out of a labor dispute

Answer 2

False (CPLR 6313)

Question 3

T/F? A temporary restraining order may be granted in action against a public officer to restrain the performance of statutory duties.

Answer 3

False (CPLR 6313)

Question 4

T/F? A motion to vacate or modify a preliminary injunction must be on notice.

Answer 4

True (CPLR 6314)

Question 5

T/F? A motion to vacate or modify a temporary restraining order must be on notice

Answer 5

False (CPLR 6314)

Question 6

Generally, prior to granting of preliminary injunction, plaintiff (may/must) give undertaking

Answer 6

Must (CPLR 6312)

Question 7

T/F? Upon granting TRO court shall set hearing for preliminary injunction at earliest possible time

Answer 7

True (CPLR 6313)

Question 8

Generally, a TRO and papers must be personally served in same manner as _____.

Answer 8

A summons (CPLR 6313)

Question 9

Prior to granting a TRO, court (may/must) require an undertaking from the plaintiff

Answer 9

May (CPLR 6313)

Question 10

Order which vacates or modifies a TRO and is granted without notice is effective after filed with clerk and _____________.

Answer 10

Served on the plaintiff (CPLR 6314)

Question 11

In an action to enjoin a party from a distribution of obscene prints and articles, party shall be entitled to trial within ____ day(s) after joinder of issue and a decision within __ day(s) of conclusion of trial

Answer 11

1….2 (CPLR 6330)

Question 12

T/F? A preliminary injunction may be granted only upon notice to the defendant

Answer 12

True (CPLR 6311)

Question 13

Which of the following statements regarding a preliminary injunction is not correct?
A. Motion for preliminary injunction does not have to be on notice to
defendant
B. Temporary restraining order and preliminary injunction are not the
same thing
C. Notice of motion for preliminary injunction can be served with
summons
D. Notice of motion for preliminary injunction can be served after
service of summons

Answer 13

A. Motion for preliminary injunction does not have to be on notice to defendant. (CPLR 6311)

Question 14

Choose the best answer. A motion for a preliminary injunction must include
1. Undertaking in an amount to be fixed by the court
2. Affidavit/evidence that defendant is intending to render
judgment ineffectual
3. If not, affidavit/evidence that defendant is likely in injure plaintiff
A. 2 and 3
B. 1, 2 and 3
C. 1 and 2
D. Neither 1 nor 2 nor 3

Answer 14

B. 1, 2 and 3 (CPLR 6301, 12, 13)

Question 15

Which of the following statements relating to a temporary restraining order is not correct?
A. A TRO can be granted without notice to defendant
B. A TRO cannot be granted in a labor dispute (section 807 of labor law)
C. Generally, a TRO must be served in same manner as a summons
D. Court must require undertaking by plaintiff prior to issuance of a TRO

Answer 15

D. Court must require undertaking by plaintiff prior to issuance of a TRO
(CPLR 6313)

Question 16

Choose the best answer. Which of the following statements is correct?
A. Motion to vacate/modify TRO must be on notice to plaintiff
B. Motion to vacate/modify preliminary injunction must be on notice so plaintiff
C. Both A and B are correct
D. Both A and B are incorrect

Answer 16

B. Motion to vacate/modify preliminary injunction must be on notice to plaintiff (CPLR 6314)

Question 17

In a motion for a preliminary injunction to restrain s public officer, board on municipal corporation of the state from performing a statutory duty, notice of motion must be served upon
A. Officer only
B. Board only
C. Officer or board and attorney general
D. Officer and board only

Answer 17

C. Officer or board and attorney general (CPLR 6311)