New York Statutes

§ 5612 — Presumptions as to determinations of questions of fact

New York § 5612
JurisdictionNew York
Law CVPCivil Practice Law & Rules
Art. 56Appeals to the Court of Appeals

This text of New York § 5612 (Presumptions as to determinations of questions of fact) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.Y. Civil Practice Law & Rules § 5612 (2026).

Text

§ 5612. Presumptions as to determinations of questions of fact.

(a)\nAppeal from reversal or modification. On an appeal from an order of the\nappellate division reversing, modifying or setting aside a determination\nand rendering a final or interlocutory determination, except when it\nreinstates a verdict, the court of appeals shall presume that questions\nof fact as to which no findings are made in the order or opinion of the\nappellate division were not considered by it, where such findings are\nrequired to be made by paragraph two of subdivision (b) of rule 5712.\n (b) Appeal on certified questions of law. On an appeal on certified\nquestions of law, the court of appeals shall presume that questions of\nfact as to which no findings are made in the order granting permission\nto appea

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Bluebook (online)
New York § 5612, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/CVP/5612.