January 24, 2019

CPLR 6312 and preliminary injunctions.

Pursuant to CPLR 6312[b], before a preliminary injunction is granted, the plaintiff must give an undertaking in an amount to be fixed by the court. In the event of a final determination that the plaintiff was not entitled to an injunction, the plaintiff will pay to the defendant all damages and costs which may be sustained by reason of the injunction.

Candlewood Holdings, Inc. v. Valle, NY Slip Op 00255 (2d Dep't January 16, 2019)

Here is the decision.