N.Y. Civil Practice Law & Rules § 5615: Disposition upon appeal from order granting new trial or hearing

§ 5615. Disposition upon appeal from order granting new trial or

hearing. When an appeal to the appellate division presented questions of

fact and a further appeal is taken pursuant to subdivision (c) of

section 5601, or subparagraph (iii) of paragraph two of subdivision (b)

of section 5602, the court of appeals shall affirm the order appealed

from and shall render judgment or order absolute against the appellant

unless the order or opinion of the appellate division recites either

that the questions of fact have not been considered or that the court

has considered the questions of fact and has determined that it would

not grant a new trial or hearing upon those questions.