2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 63 - (6301 - 6330) INJUNCTION
6314 - Vacating or modifying preliminary injunction or temporary restraining order.


NY CPLR § 6314 (2012) What's This?
 
    §  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.

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