Kowalska v. Budin, Reisman & Schwartz, P.C.

Order, Supreme Court, New York County (Louis York, J.), entered June 11, 2003, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this legal malpractice action, there is a question of fact as to whether the law firm negligently failed to include necessary parties as defendants in the underlying litigation, precluding summary judgment herein (see Davis v Isaacson, Robustelli, Fox, Fine, Greco & Fogelgaren, 284 AD2d 104 [2001], lv denied 97 NY2d 613 [2002]). The Labor Law claims in that action were dismissed as nonviable against…