In re the Estate of Cavallo

In a probate proceeding, the proponent appeals from a decree of the Surrogate’s Court, Richmond County (Fusco, S.), dated January 20, 2005, which, upon a jury verdict finding that the will was procured by undue influence, and upon the denial of her motion pursuant to CPLR 4404 to set aside the verdict as against the weight of the evidence and for a decree admitting the will to probate, denied the admission of the will to probate.

Ordered that the decree is affirmed, with costs payable by the proponent personally.

Contrary to the appellant’s contention, the jury verdict was not against the…