Zinovy Brodsky - Page 134




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          example, Mr. Raja testified that he recognized a certain cash-              
          ier’s check payable to Macy’s.  However, Mr. Raja later admitted            
          that, when he testified about that cashier’s check, he was making           
          an assumption that petitioner used that check to purchase certain           
          goods for resale from Macy’s.  Mr. Raja testified that he made              
          that assumption because M.P. Electronics and petitioner had                 
          purchased that type of merchandise from Macy’s on other occa-               
          sions.  We also found Mr. Raja’s testimony to be vague and/or               
          inconsistent at times.                                                      
                    Mr. Syelsky’s Testimony                                           
               Although generally we found Mr. Syelsky to be credible, at             
          times we found his testimony to be inconsistent and/or evasive.             
                    Mr. Vulis’ Testimony                                              
               Although generally we found Mr. Vulis to be credible, at               
          times we found his testimony to be general, vague, and/or                   
          conclusory.  In addition, we found Mr. Vulis’ testimony to have             
          been sometimes based on his general business practices with                 
          petitioner, as opposed to his personal knowledge of the facts               
          with respect to a particular transaction or activity about which            
          he testified.                                                               
                    Mr. Dubrovsky’s Testimony                                         
               Based on our observation of Mr. Dubrovsky at the further               
          trial, including our observation of his demeanor, we did not find           
          him to be credible.  We also found Mr. Dubrovsky’s testimony to             
          be general, vague, conclusory, and/or inconsistent in certain               
          material respects.                                                          






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