Restivo v. Hessemann

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 district court’s grant of Restivo and Halstead’s motion for a new trial; several evidentiary rulings at second trial; the district court’s holding that Volpe was not deprived of a fair trial…