Judge LIVINGSTON concurs in part and dissents in part in a separate opinion. POOLER, Circuit Judge: Appeal from United States District Court for the Eastern District of New York (Joanna Seybert, /.) judgment in favor of plaintiffs-appellees John Restivo and Dennis Halstead following a jury trial. Defendant-appellant Carolann Hessemann, as executrix of the Estate of Joseph Volpe, (“Volpe”) challenges the d…
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