2006 New York Code - 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.

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