The following excerpt is from Smith v. Tobon, No. 12-3917-cv (2nd Cir. 2013):
F.3d 90, 95 (2d Cir. 2010). When a party argues that the jury was improperly instructed, we review a district court's denial of a Rule 59 motion for a new trial de novo. Cobb v. Pozzi, 363 F.3d 89, 112 (2d Cir. 2003).
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