Zinovy Brodsky - Page 113




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          be introduced at the further trial in order to determine the                
          entries to which respondent would object and the entries to which           
          respondent would not object.                                                
               At the further trial in this case, respondent requested, and           
          the Court granted, additional time in order for respondent to               
          identify for the Court the entries in respondent’s workpapers to            
          which respondent was objecting.  The Court advised the parties at           
          the further trial that it would reserve ruling on the admissibil-           
          ity of the entries in respondent’s workpapers to which respondent           
          was objecting until respondent had the opportunity to identify              
          such entries and that it would admit conditionally any testimony            
          which the parties elicited at the further trial with respect to             
          respondent’s workpapers, subject to the Court’s ruling on the               
          admissibility of the entries in such workpapers to which respon-            
          dent was objecting.  At the conclusion of the further trial in              
          this case, respondent had not had the opportunity to review                 
          respondent’s workpapers in order to identify the entries in such            
          workpapers to which respondent was objecting.  Consequently, the            
          Court permitted respondent to identify in respondent’s opening              
          brief any such entries and allowed the parties to present argu-             
          ments on brief with respect to the admissibility of the entries             
          in respondent’s workpapers to which respondent was objecting.               
               It is our understanding that, of the 51 entries in respon-             
          dent’s workpapers which relate to deposits that petitioner                  






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Last modified: May 25, 2011