How far can the Appellate Division reach in its review?

Practice point: The Appellate Division's reach in reviewing the evidence in a nonjury trial is as broad as that of the trial court. However, a fact-finding court's conclusions will not be disturbed on appeal unless they obviously could not have been reached under any fair interpretation of the evidence, especially when the findings rest in large measure on witness credibility.

Case: Kalt v. Ritman, NY Slip Op 03387 (1st Dept. 2008)