(concurring). I have no quarrel with the careful and erudite analysis of the majority. I, however, would reach the same result relying merely on one of the grounds put forward by the majority. A. court of equity faced with allegations as serious as those made by the plaintiff may not stand by blindly and allow a party “the benefit of claim preclusion when that *313[party] took steps calculated to assure the exclusion of the claim from the prior litigation.” Legal doctrines and procedural niceties should never be allowed to shield chicanery or prevent fair and commonsense solutions to clear cases. Cf. Demeter v. Demeter, 9 Mass. App. Ct. 860 (1980).