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CHIBCHA RESTAURANT, INC., DOING BUSINESS AS OXES NIGHTCLUB plf-ap, v. DAVID A. KAMINSKY & ASSOCIATES, P.C. def-res

9036. CHIBCHA RESTAURANT, INC., DOING BUSINESS AS OXES NIGHTCLUB plf-ap, v. DAVID A. KAMINSKY & ASSOCIATES, P.C. def-res — The Law Firm of Ravi Batra, P.C., New York (Ravi Batra of counsel), for ap — Lewis Brisbois Bisgaard & Smith, LLP, New York (Peter J. Biging of counsel), for res — Order, Supreme Court, New York County (Judith J. Gische, J.), entered August 2, 2012, which granted defendants' motion to dismiss the claims of legal malpractice, violations of Judiciary Law §487, and negligent hiring, unanimously affirmed, with costs.

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9036. CHIBCHA RESTAURANT, INC., DOING BUSINESS AS OXES NIGHTCLUB plf-ap, v. DAVID A. KAMINSKY & ASSOCIATES, P.C. def-res — The Law Firm of Ravi Batra, P.C., New York (Ravi Batra of counsel), for ap — Lewis Brisbois Bisgaard & Smith, LLP, New York (Peter J. Biging of counsel), for res — Order, Supreme Court, New York County (Judith J. Gische, J.), entered August 2, 2012, which granted defendants’ motion to dismiss the claims of legal malpractice, violations of Judiciary Law §487, and negligent hiring, unanimously affirmed, with costs.

In this action for legal malpractice, plaintiffs allege that defendants were negligent in their representation of plaintiffs in a dispute with their landlord. Defendants’ failure to file an for a temporary restraining order against the landlord, after notifying the landlord that they were going to seek such relief, as they were required to do pursuant to Uniform Rule 202.7(f), did not amount to malpractice. Rather, it was a reasonable course of action not to seek such relief upon learning from the landlord that plaintiffs were in violation of the subject lease’s insurance requirements (Hand v. Silberman, 15 AD3d 167, 167-168 [1st Dept 2005], lv denied 5 NY3d 707 [2005]). Moreover, contrary to plaintiffs’ argument, the motion court was entitled to determine that such conduct was reasonable and did not amount to malpractice as a matter of law (see e.g. Sklover & Donath, LLC v. Eber-Schmid, 71 AD3d 497, 498 [1st Dept 2010]).

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