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WICELINSKI v. VITA-MIX CORPORATION

36 A.D.3d 799 (2007)

828 N.Y.S.2d 486

MATTHEW WICELINSKI et al., Respondents, v. VITA-MIX CORPORATION, Respondent-Appellant, and SPECIALTY EQUIPMENT MANUFACTURING CORPORATION, Doing Business as TAYLOR COMPANY, Appellant-Respondent.

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

Decided January 23, 2007.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs.

The plaintiff Matthew Wicelinski (hereinafter the plaintiff), an employee of McDonald's restaurant, allegedly was injured while making a "McFlurry," an ice cream dessert mixed with various toppings. The plaintiff was using a McFlurry blender to mix the ice cream and the toppings in a paper cup when the blender's disposable spoon (hereinafter the spoon agitator)...

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