New York TROs and preliminary injunctions: no expiry date, a mandatory undertaking, and vacatur without notice
New York procedure · Last verified August 17, 2026
New York's injunction article differs from the federal and Texas models in three structural ways: there is no automatic expiry, the undertaking is mandatory, and a defendant restrained ex parte can move to vacate ex parte.
The grounds — CPLR 6301
A preliminary injunction may be granted in any action where it appears that the defendant threatens or is about to do, or is doing or procuring or suffering to be done, an act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, or in any action where the plaintiff has demanded and would be entitled to a judgment restraining the defendant from the commission or continuance of an act, which, if committed or continued during the pendency of the action, would produce injury to the plaintiff.
A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had.
Two distinct routes to a preliminary injunction: conduct tending to render the judgment ineffectual, or conduct that would produce injury during the pendency of the action. The second is broader than the federal framing and does not require the judgment to be at risk.
The showing — CPLR 6312(a)
On a motion for a preliminary injunction the plaintiff must show, by affidavit and such other evidence as may be submitted, that there is a cause of action, and either of the two CPLR 6301 grounds.
Note the first element: a cause of action, shown by affidavit. That is a pleading-adjacent requirement the federal rule doesn't state.
The undertaking is mandatory
CPLR 6312(b): except as CPLR 2512 and certain statutory actions provide, prior to the granting of a preliminary injunction the plaintiff shall give an undertaking in an amount fixed by the court, that the plaintiff, if it is finally determined that they were not entitled to an injunction, will pay to the defendant all damages and costs sustained by reason of the injunction.
"Shall give" — and it is a condition precedent to the injunction, not a follow-up.
CPLR 6312(c) addresses the effect of the undertaking amount on the merits determination.
A TRO can issue without notice — and has no expiry
CPLR 6313(a):
If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice. Upon granting a temporary restraining order, the court shall set the hearing for the preliminary injunction at the earliest possible time.
There is no 14-day expiry as in FRCP 65(b)(2) and TRCP 680, and no 15-day hearing cap as in CCP 527(d). New York's only temporal constraint is "the earliest possible time" — which means the practical duration of a New York TRO is set by the court's calendar and by the parties.
Two categories where a TRO cannot issue at all. The same subdivision: "No temporary restraining order may be granted in an action arising out of a labor dispute as defined in section eight hundred seven of the labor law, nor against a public officer, board or municipal corporation of the state to restrain the performance of statutory duties."
Service — CPLR 6313(b). Unless the court orders otherwise, a temporary restraining order together with the papers on which it was based must be personally served in the same manner as a summons.
CPLR 6313(c) addresses the undertaking on a TRO.
Vacatur, including without notice
CPLR 6314 is the provision with no real counterpart elsewhere:
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.
So a defendant restrained ex parte may seek vacatur ex parte — symmetry that neither the federal rule nor Texas provides. Federally, FRCP 65(b)(4) requires two days' notice to the party who obtained the order.
The subdivision continues: an order granted without notice vacating or modifying a TRO "shall be effective when, together with the papers upon which it is based, it is filed with the clerk and served upon the plaintiff."
And the court may condition vacatur or modification: "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 [fixed by the court]."
Both sides can end up posting security.
Preliminary injunctions require notice — CPLR 6311
CPLR 6311: a preliminary injunction may be granted only on notice to the defendant. Where the defendant has not appeared, the motion papers must be served in the same manner as a summons.
How the three systems compare
| New York | California | Texas | Federal | |
|---|---|---|---|---|
| TRO expiry | none stated | none stated; hearing within 15 days (22 for good cause) | 14 days from signing | 14 days from entry |
| Ex parte certification about notice | not required by the article | under oath, CCP 527(c)(2) | not required; order must state why | attorney certifies in writing |
| Undertaking | mandatory before a PI — CPLR 6312(b) | must require — CCP 529 | bond, two sureties, before issuance — TRCP 684 | security in an amount the court considers proper |
| Motion to vacate a TRO | without notice — CPLR 6314 | noticed | 2 days' notice | 2 days' notice |
| Categorical bars | labor disputes; public officers performing statutory duties | CCP 526(b) list | — | — |
| Security from the defendant | may be required as a condition of vacatur | — | — | — |
A short checklist
Applying:
- Show a cause of action by affidavit — CPLR 6312(a) requires it alongside the grounds.
- Check CPLR 6313(a)'s bars before seeking a TRO: labor disputes and public officers performing statutory duties are off limits.
- Be ready to post the undertaking — CPLR 6312(b) makes it a precondition to a preliminary injunction.
- Serve the TRO and the underlying papers personally, as a summons — CPLR 6313(b).
Responding:
- You can move to vacate a TRO without notice — CPLR 6314. That is faster than anywhere else in this set.
- An ex parte vacatur order is effective on filing and service, so complete both.
- Expect the court to consider requiring your own undertaking as a condition.
- For a preliminary injunction, the motion to vacate or modify is on notice and may be made at any time.
Where these rules live
- CPLR 6301 — Grounds for Preliminary Injunction and TRO
- CPLR 6311 — Preliminary Injunction; Notice
- CPLR 6312 — Motion Papers; Undertaking
- CPLR 6313 — Temporary Restraining Order
- CPLR 6314 — Vacating or Modifying
- CPLR 2214 — Motion Papers; Service; Time
The New York courts publish self-help material at nycourts.gov. Individual parts impose their own requirements for orders to show cause. This page explains what the CPLR says. It isn't legal advice, and the standard for injunctive relief comes from case law this site doesn't cover.