See, e.g., God’s Battalion of Prayer Pentecostal Church, Inc. v. Hollander, No. 001056, 2009 WL 2960629, at *8 (N.Y. Sup. Ct. Aug. 27, 2009) (concluding that preventing access to witness does not qualify as prohibited deceit within meaning of statute); Connolly v. Napoli Kaiser & Bern, No. 105224/05, 2009 WL 2350275, at *6-8 (N.Y. Sup. Ct. July 16, 2009) (concluding that statute does not apply to lawyer’s act of lying during deposition because plaintiff was not party to proceeding).
With Amalfitano and the subsequent cases that have followed, the New York Court of Appeals changed the traditional New York Judiciary Law’s understanding to section 487. And although the existing attorney deceit statutes may not be neatly tucked away as outdated relics, at least at this point, the attorney deceit statues in New York and the underlying principles will continue to have some regulation on lawyers conduct. The Amalfitano case has the potential to bring a revolutionary change to all jurisdictions including the NYS Workers’ Compensation Laws enveloped in section 114.2.
Black’s Law Dictionary (Ninth Edition) defines Fraud as, “A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.” and defines Bad Faith as “Dishonesty of belief or purpose.”
The New York State Workers’ Compensation Law §114 “Penalties for fraudulent practices.” 2. An employer or carrier, or any employee, agent, or person acting on behalf of an employer or carrier, who knowingly makes a false statement or representation as to a material fact in the course of reporting, investigation of, or adjusting a claim for any benefit or payment under this chapter for the purpose of avoiding provision of such payment or benefit shall be guilty of a class E felony.
The American Bar Association was established on August 21, 1878 in Saratoga Springs, New York and plays the formative role in the development of the profession of law in the US. The ABA , as it’s known, produces a national standard for all attorneys called the “Model Rules of Professional Conduct” and attorneys when taking their oath in their respective state, are sworn to this standard.