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LEIBSTEIN v. LaFARGE NORTH AMERICA, INC.

No. CV-06-6460 (DRH).

767 F.Supp.2d 373 (2011)

Jeffrey LEIBSTEIN and Elena Leibstein, Plaintiffs, v. LaFARGE NORTH AMERICA, INC., LaFarge Building Materials, Inc., one or more of which are d/b/a/ LaFarge Corp., and The Home Depot, Inc., Defendants.

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

As Amended February 15, 2011.

Attorney(s) appearing for the Case

Dankner & Milstein, P.C., New York, NY, for Plaintiffs.

Harry F. Mooney, Hurwitz & Fine, P.C., Buffalo, NY, for Defendants.

HURLEY, Senior District Judge.

Presently before the Court is a motion by plaintiffs Jeffrey Leibstein and Elena Leibstein, brought pursuant to Fed. R.Civ.P. 59, seeking a new trial.

BACKGROUND

Jeffrey Leibstein purchased twelve ninety-four pound bags of portland cement (the "Product") from Home Depot on November 28, 2004. After mixing the portland cement with other elements, and while using the resulting concrete to lay a radiant-heat floor...

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