The 'Irreparable Harm' Conundrum in Obtaining a Preliminary Injunction
Adam Leitman Bailey and John M. Desiderio discuss the factors that should be looked for and considered to support a finding of the requisite injury needed for a preliminary injunction.
December 07, 2021 at 10:00 AM
17 minute read
Situations arise every day requiring attorneys to commence an action seeking court intervention to obtain immediate provisional relief, "respecting the subject of the action," to protect a client against actions, in violation of the client's rights, by a person, who is either threatening, about to do, doing, or procuring or suffering to be done, actions, violating those rights, or which, if unrestrained would produce injury to the client during the pendency of the action. See CPLR §6301.
When confronted with such circumstances, the client understandably demands that the alleged offender's actions be halted or prevented as soon as possible. However, the rules governing such relief set a high threshold that must be met before courts will exercise the solemn power granted them to enjoin the actions complained of.
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