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HEIN v. CUPRUM, S.A. DE CV.

No. 99-CV-1360(LEK) (RWS).

136 F.Supp.2d 63 (2001)

Paul J. HEIN, Plaintiff, v. CUPRUM, S.A. DE CV., and Hechinger Company, Defendants.

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

March 30, 2001.

Attorney(s) appearing for the Case

Kenneth G. Varley, Donohue, Sabo Law Firm, Albany, NY, Joseph Hein, Office of Joseph Hein, Altamont, NY, for Plaintiff.

Richard M. Gershon, Kristen H. Martin, Thorn, Gershon Law Firm, Albany, NY, for Defendant.

DECISION AND ORDER

KAHN, District Judge.

Presently before the Court is defendant Cuprum's motion to amend and, in the alternative, to dismiss. For the following reasons, defendant Cuprum's motion is DENIED.

I. BACKGROUND

Plaintiff received a six-foot aluminum ladder as a gift in the spring of 1997. That ladder was purchased at an outlet store of defendant Hechinger's successor corporation...

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