§ 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.
Disposition upon reversal or modification
N.Y. Civil Practice Law & Rules Law § 5613, under Appeals to the Court of Appeals.
N.Y. Civil Practice Law & Rules Law § 5613