Zinovy Brodsky - Page 61




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          information set forth in those statements and checks.  Respondent            
          objected to petitioner’s attempt to establish through peti-                  
          tioner’s documents that respondent conceded prior to the further             
          trial that petitioner had substantiated the total amounts of                 
          expenses relating to the Sanchez Street property that were paid              
          during 1991 and 1992, respectively.  As grounds for that objec-              
          tion, respondent’s counsel indicated that any such attempt would             
          prejudice respondent.  That was because, in order to refute                  
          petitioner’s position that respondent’s counsel made such a                  
          concession at the meeting in question, respondent’s counsel would            
          have to testify at the further trial and consequently would be               
          prohibited under the applicable rules of professional responsi-              
          bility, see Rule 24(g), from representing respondent at the                  
          further trial, thereby leaving respondent with no counsel to                 
          represent respondent at that further trial.                                  
               The Court did not admit petitioner’s documents into the                 
          record because (1) in violation of the Court’s March 31, 2000                
          Order, petitioner did not provide those documents to respondent              
          on or before July 20, 2000;102 (2) the Court found that petitioner           
          had not shown good cause for that violation of the Court’s March             
          31, 2000 Order;  and (3) the Court found that admitting peti-                
          tioner’s documents into the record would cause substantial                   
          prejudice to respondent.                                                     
               Assuming arguendo that the Court had admitted petitioner’s              


               102Petitioner first provided those documents to respondent on           
          or about Aug. 17, 2000.                                                      




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