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.

Terms Used In N.Y. Civil Practice Law and Rules 5613

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.