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(the estate cannot appeal the dismissal)CivilCourt of AppealsAppeal
McInnis v. A.O. Smith Water Prods.
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 2, 2026
- Docket
- MOTION NO. (233/26) CA 24-01941.
- Judges
- Not listed
Cited as2026 NY Slip Op 05701
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
The court denied the request to appeal the dismissal of the case.
This decision · Appeal
(the estate cannot appeal the dismissal)
TL;DR
- 1An estate is challenging a ruling related to a water product's liability in a death case.
- 2The court denied their request to appeal the dismissal of the case.
- 3The key reason was that the court found no grounds to change the previous ruling.
Key issues
- 1
Did the court make an error in its dismissal of the case?
Holding · The court concluded there was no error in the original dismissal, so the appeal was denied.
Why it matters
This decision affects the estate's ability to pursue claims related to a loved one's death and impacts product liability cases.
If you were the judge?
A court denied an appeal over a product liability case. Should the ruling allow the case to move forward?
- 1A family is trying to appeal a court decision that dismissed their case against companies that made a water product linked to a loved one's death.
- 2They claim the court wrongly tossed out their case, believing there is evidence showing the product was dangerous and caused his death.
- 3The companies argue that the dismissal was correct, stating the evidence did not support the family's claims, so the case should stay closed.
Should the court let the family appeal the ruling against them?
Parties
Appellant
McInnis
Appellee
A.O. Smith Water Prods.
Roles are inferred from the case caption.
Opinion of the court
McInnis v A.O. Smith Water Prods.
2026 NY Slip Op 05701
October 2, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
KELLY SUE MCINNIS, EXECUTOR OF THE ESTATE OF RONALD MCINNIS, DECEASED, PLAINTIFF-APPELLANT,
v
A.O. SMITH WATER PRODUCTS, ET AL., DEFENDANTS, AND THE WILLIAM POWELL COMPANY, DEFENDANT-RESPONDENT.
Decided on October 2, 2026
MOTION NO. (233/26) CA 24-01941.
Present: Lindley, J.P., Curran, Ogden, And Hannah, JJ. (Filed Oct. 2, 2026.)
[*1]
MEMORANDUM AND ORDER
Motion for reargument or leave to appeal to the Court of Appeals denied.