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SEELEY v. HAMILTON BEACH/PROCTOR-SILEX, INC.

No. 1:99-CV-1162.

349 F.Supp.2d 381 (2004)

Clark SEELEY and Jannine Walton, Plaintiffs, v. HAMILTON BEACH/PROCTOSILEX, INC., Defendant.

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

December 15, 2004.

Attorney(s) appearing for the Case

Jeffrey N. Miller, Friedman, Hirschen Law Firm, Schenectady, NY, William D. Pastorick, Cozen, O'Connor Law Firm, Philadelphia, PA, Robert Ruslander, Office of Robert Ruslander, Delmar, NY, Robert J. Rock, Office of Robert J. Rock, Albany, NY, for Plaintiffs.

Kyle N. Kordich, Thorn, Gershon Law Firm, Albany, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER1

KAHN, District Judge.

I. Background

On June 1, 1998, Plaintiff Clark Seeley ("Seeley") was at his home heating Pop-Tarts® in his toaster, which was designed, manufactured, and distributed by Defendant Hamilton Beach/Proctor-Silex, Inc. ("Hamilton Beach"). Hamilton Beach Attorney Aff. (Dkt. No. 17) at ¶ 9. Seeley then left the residence while the Pop-Tarts®...

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