On December 7, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Bronx Parent Hous. Network, Inc. v. High Quality Elec. of NY, LLC, 2022 NY Slip Op. 51189(U), denying a TRO because the plaintiff failed to seek it in connection with a lawsuit, explaining:
A TRO may only 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. Thus, absent the existence of, at the very least, a summons and/or petition initiating an action, a court cannot grant a preliminary injunction. Stated differently, unless there is an underlying action which confers statutory authority on the court to grant a preliminary injunction, the court has no jurisdiction to award such relief. Absent a request for a preliminary injunction, and of course, jurisdiction to entertain and grant the same, any request for a TRO must be denied.
(Internal quotations and citations omitted).