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WHEELER v. SEARS ROEBUCK & COMPANY

37 A.D.3d 710 (2007)

831 N.Y.S.2d 427

KOLTON WHEELER, Respondent, v. SEARS ROEBUCK & COMPANY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 20, 2007.

Ordered that the judgment is affirmed, with costs.

The family of the infant plaintiff (hereinafter the plaintiff) purchased a treadmill manufactured by the defendant Icon Health & Fitness, Inc. (hereinafter Icon), at a store owned by the defendant Sears Roebuck & Company (hereinafter Sears). Two days later, as his 10-year-old sister was walking on the treadmill, the 26-month-old plaintiff caught his hand in the rear part of the treadmill. The plaintiff's father...

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