N.Y. C.P.L.R. 5613

§ 5613. Disposition upon reversal or modification. The court of\nappeals, upon reversing or modifying a determination of the appellate\ndivision, when it appears or must be presumed that questions of fact\nwere not considered by the appellate division, shall remit the case to\nthat court for determination of questions of fact raised in the\nappellate division.\n