N.Y. CPLR § 5615
N.Y. CPLR § 5615 - Disposition upon Appeal from Order Granting New Trial or Hearing
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5615 Disposition upon appeal from order granting new trial orhearing § 5615. Disposition upon appeal from order granting new trial orhearing. When an appeal to the appellate division presented questions offact and a further appeal is taken pursuant to subdivision (c) ofsection 5601, or subparagraph (iii) of paragraph two of subdivision (b)of section 5602, the court of appeals shall affirm the order appealedfrom and shall render judgment or order absolute against the appellantunless the order or opinion of the appellate division recites eitherthat the questions of fact have not been considered or that the courthas considered the questions of fact and has determined that it wouldnot grant a new trial or hearing upon those questions.