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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.
Cite this article: FindLaw.com - New York Consolidated Laws, Civil Practice Law and Rules - CVP § 5613. Disposition upon reversal or modification - last updated January 01, 2021 | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-5613/
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