Vacating or modifying preliminary injunction or temporary restraining order · as in force on May 31, 2026
§ 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.
A defendant may ask to change or end a preliminary injunction or temporary restraining order. A defendant under a preliminary injunction may move at any time on notice to the plaintiff. A defendant under a temporary restraining order may move without notice before the issuing judge or, if unavailable or disabled, another judge. An order changing or ending a temporary restraining order without notice takes effect only when it and its supporting papers are filed with the clerk and served on the plaintiff. ★ Except for a public body or officer, the court may require the defendant to post a court-fixed undertaking to pay the plaintiff’s resulting loss.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.