New York Court of Appeals

Margaret A. Felt v. Scott Olson, and Elizabeth C. Olson, as of Conrad W. Olson

November 20, 198051 N.Y.2d 977

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the trial judge's factual findings and the weighing of the plaintiff's handwriting expert testimony were not reversible. The court emphasized that such factual determinations are beyond appellate review under CPLR 5501(b). Judge Meyer dissented, contending that the trial judge applied an incorrect legal standard under CPLR 4536 and that the decision should be reversed.