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.
§ 1336.Vacating or modifying preliminary injunction or temporary restraining order
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceLets a defendant move on notice at any time to vacate or modify a preliminary injunction, or move without notice before the issuing judge to vacate or modify a temporary restraining order, and lets the court condition relief on an undertaking covering the claiming authority's resulting loss.
Full Text of CPLR 1336
Plain-English Summary
Section 1336 gives a restrained defendant a route back into court. A defendant enjoined by a preliminary injunction can move at any time, on notice to the claiming authority, to have it vacated or modified. Because a TRO can issue without notice in the first place, the statute lets the defendant challenge it the same way it was obtained -- through a motion without notice, addressed to the judge who signed the order or, if that judge is unavailable, to another judge.
An order granted without notice that vacates or modifies a TRO does not take effect the moment the judge signs it. It becomes effective only once it, along with the papers behind it, is filed with the clerk and served on the claiming authority -- a small but real formality that keeps the record straight about exactly when the restraint lifted.
Courts do not have to unwind an injunction or TRO for free. As a condition of vacating or modifying either one, the court can require the defendant to post an undertaking, in an amount the court sets, guaranteeing payment to the claiming authority for any loss the vacatur or modification causes.
Frequently Asked Questions
Can a defendant challenge a preliminary injunction at any time?
Yes, a defendant enjoined by a preliminary injunction may move at any time, on notice to the claiming authority, to vacate or modify it.
Does a defendant need to give notice to challenge a TRO?
No. The defendant can move without notice, and the motion goes to the judge who granted the TRO or, if that judge is unavailable, to another judge.
When does an order vacating a TRO take effect?
Only once the order, together with the papers it is based on, is filed with the clerk and served on the claiming authority.
Can the court make a defendant post a bond to get an injunction lifted?
Yes, the court may condition an order vacating or modifying a preliminary injunction or TRO on the defendant giving an undertaking to cover any loss the claiming authority sustains as a result.
Who sets the amount of the undertaking required to vacate an injunction?
The court, which fixes the amount as a condition of granting the vacatur or modification.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1336 vacate injunctionmodify TRO forfeiture New Yorkvacate temporary restraining order forfeituredefendant undertaking vacate injunction NY