Two More Exhibits  Proving Fraud upon the Court by Opposing Counsel in the Case Heard on Monday, 6/3/02 at Suffolk Probate & Family Court

Apparently, a lot of folks were concerned, particularly after finding that I was not by the phone even around dinnertime. We went until around 4:45 in court and then went shopping for new powerful three-hole puncher for many many trial notebooks and new huge stapler (mine literally went West for stapling signs).  The judge said she'd hear the contempt actions at the end of the trial.   Had she tried the contempt or disqualified the lawyers yesterday, the trial would not have been able to go forward this coming Monday.  She did not want that.  She wants to get rid of this "noisy" case ASAP.  Gerald Nissenbaum ("Jerry"), the Discovery Master, lied in open court on Monday when he said that the wife saw the FSI appraisal (the proof of attempted fraud) attached to my client's Complaint for fraud.   That Complaint was not served on her lawyer (the one whose office at which she claimed she saw it) until the day AFTER the deposition.  That is, the depo was on 5/13; the complaint was served on 5/14.  She couldn't have seen it attached to the complaint.  It HAD to be earlier.  If you were in the courtroom Monday afternoon (yesterday, 6/3), you heard Nissenbaum say:  Ms. Johnson asked [the wife] if she had seen the FSI appraisal.  [The wife] said, Yes.  Ms. Johnson asked [the wife] where she saw the FSI appraisal.  [The wife] said, at Raymond Sayeg's office (one of her attorneys).  Ms. Johnson failed to ask her the next question, which should have been, When did you see the appraisal?  The answer to that would have been, When I saw it attached to Ms. Johnson's Complaint.  That was a misrepresentation.  The complaint had not been served yet.  [The wife]  could NOT have seen it attached to the Complaint in Sayeg's office.  Sayed had NOT received the Complaint yet.  Sayeg had to have had the Complaint earlier in time.  When I got back from court, the page I had requested from the steno was in the mail.  [The wife]  had added to her answer that Sayeg had gotten the appraisal from the FSI appraisal company directly.  The relevant page of her deposition and a copy of the return of service to Sayeg, one of her attorneys are below.  It is probably appropriate to send it to the Bar as an example of his fraud upon the court, as well as to use them at time of trial.  Barbara