Whenever a plaintiff shall appeal from a judgment rendered at chambers, or in session,
either vacating a restraining order theretofore granted, or denying a perpetual injunction
in any case where such injunction is the principal relief sought by the plaintiff,
and where it shall appear that vacating said restraining order or denying said injunction
will enable the defendant to consummate the threatened act, sought to be enjoined,
before such appeal can be heard, so that the plaintiff will thereby be deprived of
the benefits of any judgment of the appellate division, reversing the judgment of
the lower court, then in such case the original restraining order granted in the case
shall in the discretion of the trial judge be and remain in full force and effect
until said appeal shall be finally disposed of: Provided, the plaintiff shall forthwith
execute and deposit with the clerk a written undertaking with sufficient surety, approved
by the clerk or judge, in an amount to be fixed by the judge to indemnify the party
enjoined against all loss, not exceeding an amount to be specified, which he may suffer
on account of continuing such restraining order as aforesaid, in the event that the
judgment of the lower court is affirmed by the appellate division.
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