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Re: oilsleuth post# 37310

Thursday, 07/31/2014 1:21:52 PM

Thursday, July 31, 2014 1:21:52 PM

Post# of 42997
Paul clearly has not put any effort in despite what seems like a very comprehensive set of filings. He has not noticed the key changes from the last time. Frank has quoted verbatim the key parts of the contract that are applicable the the matter at hand, they are unambiguous and he has provided evidentiary proof and significant precedent that backs every single point he makes. Paul has just recycled the blunderbuss of BS approach he managed to get away with last time. It won't wash this time.

Instead of loads of affidavits and self serving excerpts from Malc and John's depositions (note how when Frank asks the killer questions the pages with the replies are missing), all he needed to do was find just one ambiguity in the contract show that it mattered and was therefore a martial question of tryable fact backed with just one piece of evidentiary proof and summary judgement is defeated. He did not do that because he cannot find a single one so he just asserts that here are loads and every stage.

BTW have you read the excepts of Malc deposition included at Exhibit 10?

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=67YH2hUyzZStMIrgA_PLUS_/RpA==&system=prod

Can't remember the date of the meeting but Tatty will kill him if she finds out as he went off and married her straight after. Remembers which Empire people brought wives to the party in Cheng's hotel to celebrate the agreement but not much else.

Remembers Fred Kwok's PHONE CALL where allegedly, but there is no proof and he can't really remember when it was, Fred tried to blackmail him into giving Smart Win 70% of the JV that did not exist.

At least he makes very clear that he did not know the difference between negotiating and agreeing the terms of a JV to be enacted should Smart Win so choose in accordance with the unambiguous terms in the MOU and the JV actually being enacted and behaving as if a JV was in place. All sorts of other hysterical things that show just how badly Malc lacks any credibility as a witness. It would be really funny (not that it will ever happen) for Frank to tear him apart in front of a Jury.

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