N.Y. Civil Practice Law & Rules § 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 the

appellate division reversing, modifying or setting aside a determination

and rendering a final or interlocutory determination, except when it

reinstates a verdict, the court of appeals shall presume that questions

of fact as to which no findings are made in the order or opinion of the

appellate division were not considered by it, where such findings are

required to be made by paragraph two of subdivision (b) of rule 5712.

(b) Appeal on certified questions of law. On an appeal on certified

questions of law, the court of appeals shall presume that questions of

fact as to which no findings are made in the order granting permission

to appeal or in the order appealed from or in the opinion of the

appellate division were determined in favor of the party who is

respondent in the court of appeals.