N.Y. C.P.L.R. 6314

§ 6314. 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 plaintiff, to vacate or modify it. On\nmotion, without notice, made by a defendant enjoined by a temporary\nrestraining order, the judge who granted it, or in his absence or\ndisability, another judge, may vacate or modify the order. An order\ngranted without notice and vacating or modifying a temporary restraining\norder shall be effective when, together with the papers upon which it is\nbased, it is filed with the clerk and served upon the plaintiff. As a\ncondition to granting an order vacating or modifying a preliminary\ninjunction or a temporary restraining order, a court may require the\ndefendant, except where the defendant is a public body or officer, to\ngive an undertaking, in an amount to be fixed by the court, that the\ndefendant shall pay to the plaintiff any loss sustained by reason of the\nvacating or modifying order.\n