Affidavit; other papers. On a motion for a preliminary injunction the claiming authority shall show, by affidavit and such other written evidence as may be submitted, that there is a cause of action and showing grounds for relief as required by section one thousand three hundred twelve of this article.
§ 1334.Motion papers
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceRequires a claiming authority moving for a preliminary injunction to support the motion with an affidavit and other written evidence establishing both a cause of action and the specific grounds for relief that section 1312 demands.
Full Text of CPLR 1334
Plain-English Summary
Section 1334 sets the paperwork standard for a preliminary-injunction motion in a forfeiture action. The claiming authority cannot rest on the complaint alone -- it must submit an affidavit, along with whatever other written evidence it wants the court to weigh, and that evidence has to do two things: show a cause of action exists, and show the grounds for relief that section 1312 requires for provisional remedies generally.
The point is to make sure a defendant's property or conduct is not restrained on bare allegations. By tying the motion papers back to section 1312, the statute folds the injunction motion into the same evidentiary framework that governs attachment and receivership motions under this article, so a court weighing any of Article 13-A's provisional remedies applies a consistent standard.
Frequently Asked Questions
What must the claiming authority file to support a preliminary-injunction motion?
An affidavit, plus any other written evidence the claiming authority chooses to submit, showing a cause of action and the grounds for relief required by section 1312.
Is the complaint enough to support the motion?
No. Section 1334 requires an affidavit and supporting written evidence in addition to whatever the complaint alleges.
What does section 1312 add to a 1334 motion?
Section 1312 sets the general grounds for provisional remedies under Article 13-A, and section 1334 requires the injunction motion papers to meet that same standard.
Can a defendant challenge the sufficiency of the claiming authority's affidavit?
Yes -- because the statute requires the affidavit to establish a cause of action and the section 1312 grounds, a defendant can argue the papers fall short of that showing.
Does section 1334 apply to a temporary restraining order too?
Section 1335 governs the papers and procedure for a temporary restraining order specifically; section 1334 is directed at the preliminary-injunction motion.
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 1334 motion papersforfeiture injunction affidavit NYclaiming authority affidavit preliminary injunctionCPLR 1312 grounds for relief