Munshani v. Signal Lake Venture Fund II, 60 Mass. App. Ct. 714 (Mass. App. Div. 3/26/2004), 02-P-1377.
| Decision Date | 26 March 2004 |
| Docket Number | No. 02-P-1377.,02-P-1377. |
| Citation | 60 Mass. App. Ct. 714 |
| Parties | SUNI MUNSHANI <I>v.</I> SIGNAL LAKE VENTURE FUND II, LP, & others.<SMALL><SUP>1</SUP></SMALL> |
| Court | Massachusetts Appellate Division |
Present: LENK, MILLS, & TRAINOR, JJ.
Fraud. Practice, Civil, Fraud, Dismissal.
The judge in a civil action was justified in concluding that the plaintiff's conduct in manufacturing evidence, swearing to its authenticity, and continuing to insist on its authenticity for more than seven months while an expert investigated the matter constituted a fraud on the court [718-721]; moreover, the judge, in the exercise of inherent powers, acted within his discretion in imposing the ultimate sanction of dismissal of the complaint [721-722].
CIVIL ACTION commenced in the Superior Court Department on December 19, 2000.
A final judgment dismissing the complaint with prejudice was entered by Allan van Gestel, J.
Scott P. Lopez for the plaintiff.
Carl D. Bernstein, of New York (Joseph F. Hardcastle with him) for the defendants.
The plaintiff, Suni Munshani (Munshani), appeals from a Superior Court judgment that dismissed his complaint based on the judge's finding that Munshani committed a fraud on the court by manufacturing evidence, swearing to its authenticity, and continuing to insist on its authenticity for more than seven months while an expert investigated the matter. A related decision by the same judge ordered Munshani to pay the costs and fees of the court's expert and the defendants' at
1. Signal Lake II, LLC; Signal Lake II Strategic Partners, LLC; Signal Lake Management, LLC; Barton W. Stuck; and Michael E. Weingarten.
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