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CHIBCHA RESTAURANT, INC. v. DAVID A. KAMINSKY & ASSOCIATES, P.C.

9036, 112224/10.

102 A.D.3d 544 (2013)

958 N.Y.S.2d 135

2013 NY Slip Op 281

CHIBCHA RESTAURANT, INC., Doing Business as OXES NIGHCLUB, et al., Appellants, v. DAVID A. KAMINSKY & ASSOCIATES, P.C., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 22, 2013.

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 order to show cause 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 Rules for Trial Courts (22 NYCRR) § 202.7 (f), did not amount to malpractice. Rather,...

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