N.Y. CPLR § 5612

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5612 Presumptions as to determinations of questions of fact § 5612. Presumptions as to determinations of questions of fact. (a)Appeal from reversal or modification. On an appeal from an order of theappellate division reversing, modifying or setting aside a determinationand rendering a final or interlocutory determination, except when itreinstates a verdict, the court of appeals shall presume that questionsof fact as to which no findings are made in the order or opinion of theappellate division were not considered by it, where such findings arerequired to be made by paragraph two of subdivision (b) of rule 5712.(b) Appeal on certified questions of law. On an appeal on certifiedquestions of law, the court of appeals shall presume that questions offact as to which no findings are made in the order granting permissionto appeal or in the order appealed from or in the opinion of theappellate division were determined in favor of the party who isrespondent in the court of appeals.