N.Y. CPLR § 5613
N.Y. CPLR § 5613 - Disposition upon Reversal or Modification
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5613 Disposition upon reversal or modification § 5613. Disposition upon reversal or modification. The court ofappeals, upon reversing or modifying a determination of the appellatedivision, when it appears or must be presumed that questions of factwere not considered by the appellate division, shall remit the case tothat court for determination of questions of fact raised in theappellate division.