No. 96-CV-0741.

4 F.Supp.2d 128 (1998)

Cathleen CASTLE, as Administratrix of the Estate of David Castle, Plaintiff, v. LEACH COMPANY, Defendant. LEACH COMPANY, Third-Party Plaintiff, v. BENSON BROTHERS DISPOSAL, INC. and United Waste Services, Inc., Third-Party Defendants.

United States District Court, N.D. New York.

May 18, 1998.

Attorney(s) appearing for the Case

Featherstonhaugh, Conway, Wiley & Clyne, LLP, Albany, NY (Denis R. Hurley, of counsel), for Plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker, White Plains, NY (Wayne I. Rabinowitz, John M. Flannery, Jennifer R. Oxman, of counsel), for Defendant Leach Company.


MCAVOY, Chief District Judge.

Pending before the Court is plaintiff's motion pursuant to FED. R. CIV. P. 59 to set aside the judgment in the above-captioned action entered April 3, 1998 and to grant a new trial. For the reasons that follow, plaintiff's motion is denied.


This products liability and negligence action arose as a result of the death of David Castle while he was attempting to repair...

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