N.Y. Civil Practice Law & Rules § 1336: Vacating or modifying preliminary injunction or temporary restraining order

§ 1336. Vacating or modifying preliminary injunction or temporary

restraining order. A defendant enjoined by a preliminary injunction may

move at any time, on notice to the claiming authority, to vacate or

modify it. On motion, without notice, made by a defendant enjoined by a

temporary restraining order, the judge who granted it, or in his or her

absence or disability, another judge, may vacate or modify the order. An

order granted without notice and vacating or modifying a temporary

restraining order shall be effective when, together with the papers upon

which it is based, it is filed with the clerk and served upon the

claiming authority. As a condition to granting an order vacating or

modifying a preliminary injunction or a temporary restraining order, a

court may require the defendant to give an undertaking, in an amount to

be fixed by the court, that the defendant shall pay to the claiming

authority any loss sustained by reason of the vacating or modifying

order.