Zinovy Brodsky - Page 17




                                       - 106 -                                         
               In support of petitioner’s claims regarding the alleged MZ              
          Trading-related deposits, petitioner relies on his self-serving              
          testimony, Mr. Guterman’s testimony, Mr. Jordan’s testimony                  
          including his expert report and the addendum to that report, MZ              
          Trading’s purported 1993 transaction summary, and Mr. Oliveras’              
          summary of MZ Trading’s deposits during 1993.  We are not re-                
          quired to, and we shall not, rely on the testimony of petitioner             
          and of Mr. Guterman regarding those alleged deposits.  Based on              
          the Court’s evaluation of the testimony of Mr. Jordan, we also               
          are not required to, and we shall not, rely on his testimony,                
          including his expert report and the addendum to that report,61               
          regarding certain of the alleged MZ Trading-related deposits.                
               The testimony of petitioner, of Mr. Guterman, and of Mr.                
          Jordan with respect to certain of the alleged MZ Trading-related             
          deposits referred to and relied on MZ Trading’s purported 1993               
          transaction summary.  MZ Trading’s purported 1993 transaction                
          summary is a handwritten document dated August 5, 1999, most, if             
          not all, of which petitioner and Mr. Guterman prepared, which                
          listed a series of transactions in which petitioner claims MZ                
          Trading engaged during 1993.  For each transaction listed in MZ              


               61In violation of the Court’s March 31, 2000 Order, which               
          required each party to submit to the Court and to serve on the               
          opposing party a copy of any expert report on or before June 30,             
          2000, petitioner did not proffer the addendum to Mr. Jordan’s                
          expert report to the Court until Aug. 21, 2000, the first day of             
          the further trial in this case, and did not provide a copy of                
          that addendum to respondent until about 5 minutes before it was              
          marked for identification at that further trial.  On the record              
          before us, we find that respondent was prejudiced by that viola-             
          tion by petitioner of the Court’s March 31, 2000 Order.                      




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