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This entry was published on 2014-09-22
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SECTION 1336
Vacating or modifying preliminary injunction or temporary restraining order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-A
§ 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.