New York Consolidated Laws, Civil Practice Law and Rules - CVP § 1333. Grounds for preliminary injunction and temporary restraining order

A preliminary injunction may be granted in any action under this article, whether for money damages or otherwise, 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 claiming authority's rights respecting the subject of the action, and thereby tending to render a resulting judgment ineffectual.  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.  A preliminary injunction may be granted only upon notice to the defendant.  Notice of the motion may be served with the summons or at any time thereafter and prior to judgment.