ยง 5613. Disposition upon reversal or modification. The court of
appeals, upon reversing or modifying a determination of the appellate
division, when it appears or must be presumed that questions of fact
were not considered by the appellate division, shall remit the case to
that court for determination of questions of fact raised in the
appellate division.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 56 - Appeals to the Court of Appeals
5601 - Appeals to the Court of Appeals as of Right.
5602 - Appeals to the Court of Appeals by Permission.
5611 - When Appellate Division Order Deemed Final.
5612 - Presumptions as to Determinations of Questions of Fact.
5613 - Disposition Upon Reversal or Modification.
5614 - Disposition Upon Certified Questions.
5615 - Disposition Upon Appeal From Order Granting New Trial or Hearing.