New York Laws
Article 55 - Appeals Generally
5501 - Scope of Review.

(b) Court of appeals. The court of appeals shall review questions of
law only, except that it shall also review questions of fact where the
appellate division, on reversing or modifying a final or interlocutory
judgment, has expressly or impliedly found new facts and a final
judgment pursuant thereto is entered. On an appeal pursuant to
subdivision (d) of section fifty-six hundred one, or subparagraph (ii)
of paragraph one of subdivision (a) of section fifty-six hundred two, or
subparagraph (ii) of paragraph two of subdivision (b) of section
fifty-six hundred two, only the non-final determination of the appellate
division shall be reviewed.
(c) Appellate division. The appellate division shall review questions
of law and questions of fact on an appeal from a judgment or order of a
court of original instance and on an appeal from an order of the supreme
court, a county court or an appellate term determining an appeal. The
notice of appeal from an order directing summary judgment, or directing
judgment on a motion addressed to the pleadings, shall be deemed to
specify a judgment upon said order entered after service of the notice
of appeal and before entry of the order of the appellate court upon such
appeal, without however affecting the taxation of costs upon the appeal.
In reviewing a money judgment in an action in which an itemized verdict
is required by rule forty-one hundred eleven of this chapter in which it
is contended that the award is excessive or inadequate and that a new
trial should have been granted unless a stipulation is entered to a
different award, the appellate division shall determine that an award is
excessive or inadequate if it deviates materially from what would be
reasonable compensation.
(d) Appellate term. The appellate term shall review questions of law
and questions of fact.