N.Y. Civil Practice Law & Rules § 5613: Disposition upon reversal or modification

§ 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.