A preliminary injunction may be granted in any action under this article, whether for money damages or otherwise, where it appears that the defendant threatens or is about to do, or is doing or procuring or suffering to be done, an act in violation of the claiming authority’s rights respecting the subject of the action, and thereby tending to render a resulting judgment ineffectual. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had. 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.
§ 1333.Grounds for preliminary injunction and temporary restraining order
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceSets the standard for a preliminary injunction in a forfeiture action -- that the defendant is committing or threatening an act that would defeat the claiming authority's rights and undercut any resulting judgment -- and allows a pre-hearing TRO where irreparable injury is imminent, while requiring notice before any injunction issues.
Full Text of CPLR 1333
Plain-English Summary
Section 1333 is the gateway provision for injunctive relief in a forfeiture case, a remedy separate from attachment. A preliminary injunction can issue in any Article 13-A action, whether it seeks money damages or something else, when the defendant threatens, is doing, or is procuring an act that violates the claiming authority's rights in the property at stake -- and that act would leave a favorable judgment worthless if it went forward unchecked.
The typical target is a defendant moving to sell, hide, transfer, or otherwise put proceeds of crime beyond the court's reach before the case concludes. Where the harm is not imminent enough to require emergency action, the claiming authority moves for a preliminary injunction on notice; where waiting for a hearing would let irreparable injury happen first, section 1333 allows a temporary restraining order to hold things in place until the injunction hearing.
Timing matters here. The claiming authority can serve the injunction motion with the summons that starts the case or at any later point before judgment, giving it flexibility to seek this relief as the facts develop instead of only at the outset.
Frequently Asked Questions
How does an injunction under 1333 differ from an order of attachment?
Attachment under sections 1316 and 1317 seizes specific property or debt, while a preliminary injunction under section 1333 orders the defendant to stop conduct that would defeat the claiming authority's rights, without necessarily taking custody of the property.
Can the claiming authority get a preliminary injunction without notifying the defendant?
No. Section 1333 requires notice to the defendant before a preliminary injunction can be granted, though the notice may be served with the summons or at any time before judgment.
What must the claiming authority show to obtain a temporary restraining order?
That immediate and irreparable injury, loss, or damage will occur before a preliminary-injunction hearing can be held if the defendant is not restrained first.
What kind of defendant conduct justifies an injunction in a forfeiture case?
Any act that threatens, is under way, or is being procured that violates the claiming authority's rights in the property and would render a resulting judgment ineffectual, such as transferring or dissipating the proceeds of crime.
When can the claiming authority move for a preliminary injunction?
At the start of the case, with the summons, or at any later point up until judgment is entered.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1333 preliminary injunctionforfeiture temporary restraining order NYNew York forfeiture injunction groundsclaiming authority preliminary injunctionCPLR article 13-A injunction