N.Y. CPLR § 1336

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1336 Vacating or modifying preliminary injunction or temporaryrestraining order § 1336. Vacating or modifying preliminary injunction or temporaryrestraining order. A defendant enjoined by a preliminary injunction maymove at any time, on notice to the claiming authority, to vacate ormodify it. On motion, without notice, made by a defendant enjoined by atemporary restraining order, the judge who granted it, or in his or herabsence or disability, another judge, may vacate or modify the order. Anorder granted without notice and vacating or modifying a temporaryrestraining order shall be effective when, together with the papers uponwhich it is based, it is filed with the clerk and served upon theclaiming authority. As a condition to granting an order vacating ormodifying a preliminary injunction or a temporary restraining order, acourt may require the defendant to give an undertaking, in an amount tobe fixed by the court, that the defendant shall pay to the claimingauthority any loss sustained by reason of the vacating or modifyingorder.