N.Y. C.P.L.R. 1336

§ 1336. Vacating or modifying preliminary injunction or temporary\nrestraining order. A defendant enjoined by a preliminary injunction may\nmove at any time, on notice to the claiming authority, to vacate or\nmodify it. On motion, without notice, made by a defendant enjoined by a\ntemporary restraining order, the judge who granted it, or in his or her\nabsence or disability, another judge, may vacate or modify the order. An\norder granted without notice and vacating or modifying a temporary\nrestraining order shall be effective when, together with the papers upon\nwhich it is based, it is filed with the clerk and served upon the\nclaiming authority. As a condition to granting an order vacating or\nmodifying a preliminary injunction or a temporary restraining order, a\ncourt may require the defendant to give an undertaking, in an amount to\nbe fixed by the court, that the defendant shall pay to the claiming\nauthority any loss sustained by reason of the vacating or modifying\norder.\n