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KOWALSKA v. BUDIN

5 A.D.3d 196 (2004)

772 N.Y.S.2d 811

LUCYNA KOWALSKA, Respondent, v. BUDIN, REISMAN AND SCHWARTZ, P.C., et al., Appellants.

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

March 11, 2004.

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 A.D.2d 104 [2001], lv denied 97 N.Y.2d 613 [2002]). The Labor Law claims in that action were dismissed as nonviable against the Board of...

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