Y.A., AN INFANT UNDER THE AGE OF FOURTEEN YEARS, BY G.A., AS PARENT AND NATURAL GUARDIAN, plf-res, v. CONAIR CORPORATION DOING BUSINESS AS CUISINART def-ap

4827N. Y.A., AN INFANT UNDER THE AGE OF FOURTEEN YEARS, BY G.A., AS PARENT AND NATURAL GUARDIAN, plf-res, v. CONAIR CORPORATION DOING BUSINESS AS CUISINART def-ap — Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Louise M. Cherkis of counsel), for ap — Law Office of Certain & Zilberg, PLLC, New York (Michael Zilberg of counsel), for res — Order, Supreme Court, New York County (Robert D. Kalish, J.), entered July 7, 2016, which denied defendants' CPLR 3025(b) motion to amend their answers to add a counterclaim for negligence, contribution, and/or common law indemnity, unanimously affirmed, without costs.

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4827N. Y.A., AN INFANT UNDER THE AGE OF FOURTEEN YEARS, BY G.A., AS PARENT AND NATURAL GUARDIAN, plf-res, v. CONAIR CORPORATION DOING BUSINESS AS CUISINART def-ap — Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Louise M. Cherkis of counsel), for ap — Law Office of Certain & Zilberg, PLLC, New York (Michael Zilberg of counsel), for res — Order, Supreme Court, New York County (Robert D. Kalish, J.), entered July 7, 2016, which denied defendants’ CPLR 3025(b) motion to amend their answers to add a counterclaim for negligence, contribution, and/or common law indemnity, unanimously affirmed, without costs.

In 2010, G.A.’s (plaintiff) then 2 yearold son, the infant plaintiff Y.A., was allegedly injured when his hand came into contact with the blades of a handheld stick blender manufactured by defendant Conair and sold by defendant Bed Bath & Beyond. According to plaintiff’s deposition testimony, after purchasing the blender, she opened the box and then left the blender, in its box, on the dining room table while she went to the kitchen to prepare dinner. Meanwhile, Y.A. and G.A.’s four-year-old son, I.A, played in the den, which opened into the dining room. At some point, plaintiff heard a scream and, when she came running into the den, she saw Y.A. holding up his hand, bloodied, with his fingers having been severely cut. Plaintiff saw that the blender was plugged into an outlet and I.A. was holding it, and he eventually admitted that he had taken the blender, plugged it in and pressed the button.

Y.A., AN INFANT UNDER THE AGE OF FOURTEEN YEARS, BY G.A., AS PARENT AND NATURAL GUARDIAN, plf-res, v. CONAIR CORPORATION DOING BUSINESS AS CUISINART def-ap

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