Csutkai v Baisley 2024 NY Slip Op 32884(U) August 15, 2024 Supreme Court, New York County Docket Number: Index No. 151083/2020 Judge: Debra A. James is an odd example of blaming the attorney where the attorney never agreed to take on certain work.

“This action arises out of a promissory note, dated August 17, 2007, executed by non-party Donald Baechler (“Baechler”) to memorialize a debt of $250,0000 owed by Baechler to Edit Deak, now deceased ( the “Note”) . (NYSCEF Doc. No. 004.) Non-party Baechler does not deny the existence of the Note, and it is undisputed that the Note was not paid. The plaintiff Daniel Csutkai, as Administrator of the Estate of Edit Deak (“Csutkai”), commenced this action against the defendants Margaret Baisley and Baisley Law Group, P.C. (collectively, “Baisley”) seeking damages arising from the nonpayment of the Note. Baisley represented both Baechler and Deak on the Note transaction. Despite the conflict, Deak agreed to the representation, pursuant to a conflict waiver executed by Deak (the “Waiver”). (NYSCEF Document Number 013). Prior to his filing of the instant action, Csutkai commenced an action entitled Csutkai v Baechler, Index No. 651615/2018, in which he sought payment of the Note (the “Baechler Action”). The Baechler Action was discontinued, with prejudice, by stipulation dated March 26, 2021. (Csutkai v Baechler, Index No. 651615/2018, NYSCEF Document Number 032.)”

“The allegations of legal malpractice fail to identify how Baisley was negligent. Cstukai fails to allege that Baisley was ever instructed by Deak to enforce the Note or to seek recovery of the amount due thereunder, or that Baisley otherwise had a duty to do so under the legal engagement. Furthermore, to the extent that Cstukai alleges that Baisley willfully allowed the statute of limitations to expire, this court ruled in the Baechler Action, by Order dated November 1, 2019, that the claim for payment of the Note was still viable and not time-barred under General Obligations Law§ 17-101. (Csutkai v Baechler, Index No. 651615/2018, NYSCEF Document Number 016.) Thus, Cstukai fails to allege any factual basis for tort liability against Baisley. Accordingly, the first cause of action for legal malpractice must be dismissed. Gopstein v Bellinson Law, LLC, 227 AD3d 465 (1st Dept 2024).”