N.Y. C.P.L.R. 1333

§ 1333. Grounds for preliminary injunction and temporary restraining\norder. A preliminary injunction may be granted in any action under this\narticle, whether for money damages or otherwise, where it appears that\nthe defendant threatens or is about to do, or is doing or procuring or\nsuffering to be done, an act in violation of the claiming authority's\nrights respecting the subject of the action, and thereby tending to\nrender a resulting judgment ineffectual. A temporary restraining order\nmay be granted pending a hearing for a preliminary injunction where it\nappears that immediate and irreparable injury, loss or damage will\nresult unless the defendant is restrained before the hearing can be had.\nA preliminary injunction may be granted only upon notice to the\ndefendant. Notice of the motion may be served with the summons or at any\ntime thereafter and prior to judgment.\n