N.Y. Civil Practice Law & Rules § 6314: Vacating or modifying preliminary injunction or temporary restraining order

§ 6314. 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 plaintiff, 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 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 plaintiff. As a

condition to granting an order vacating or modifying a preliminary

injunction or a temporary restraining order, a court may require the

defendant, except where the defendant is a public body or officer, to

give an undertaking, in an amount to be fixed by the court, that the

defendant shall pay to the plaintiff any loss sustained by reason of the

vacating or modifying order.