In a $1.2 million legal malpractice case against Weitz & Luxenberg, an Albany judge has rejected a bid by the plaintiff’s firm to remove the son of a deceased mesothelioma victim from the case.

Surrogate Stacy Pettit said Monday that the son of mesothelioma victim Gustave Benson could continue as co-administrator of Gustave’s estate for the purpose of bringing the suit, which Weitz had fought against. The ruling is a set back for the law firm two months before the malpractice trial begins.