The entirety of the morning in court saw David Boies question Larry Silverstein under oath. Several times, Boies appeared to have Silverstein perilously close to a damning admission. Silverstein admitted to changing the Exhibit A in Frank's office the day before it was signed. Boies also caught Silverstein in an inconsistency regarding the preparation of copies of the MPA to be signed on March 31, 2004.
In neither case, though, did Boies press far enough to uncover what would be something of a smoking gun: that Frank conspired to have the documents surreptitiously switched, or that Silverstein pulled shenanigans of his own the night before.
Boies struggled to close his arguments by the noon break, and its entirely possible he might yet break out the theatrics with Silverstein tomorrow morning. Or maybe he doesn't have the sort of smoking gun it would take to effectively end the trial in one move. Assuming that's the case, the parties will head into mediation Friday with the outcome of the litigation very much still in doubt.
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