N.Y. Civil Practice Law & Rules Section 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.

Source: Section 5613 — Disposition upon reversal or modification, https://www.­nysenate.­gov/legislation/laws/CVP/5613 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 5613’s source at nysenate​.gov

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