N.Y. CPLR § 6314

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6314 Vacating or modifying preliminary injunction or temporaryrestraining order § 6314. Vacating or modifying preliminary injunction or temporaryrestraining order. A defendant enjoined by a preliminary injunction maymove at any time, on notice to the plaintiff, to vacate or modify it. Onmotion, without notice, made by a defendant enjoined by a temporaryrestraining order, the judge who granted it, or in his absence ordisability, another judge, may vacate or modify the order. An ordergranted without notice and vacating or modifying a temporary restrainingorder shall be effective when, together with the papers upon which it isbased, it is filed with the clerk and served upon the plaintiff. As acondition to granting an order vacating or modifying a preliminaryinjunction or a temporary restraining order, a court may require thedefendant, except where the defendant is a public body or officer, togive an undertaking, in an amount to be fixed by the court, that thedefendant shall pay to the plaintiff any loss sustained by reason of thevacating or modifying order.