New York § 5615 Disposition upon appeal from order granting new trial or hearing

New York Statutes

§ 5615 — Disposition upon appeal from order granting new trial or hearing

New York § 5615

Law CVPCivil Practice Law & Rules

Art. 56Appeals to the Court of Appeals

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Bluebook

N.Y. Civil Practice Law & Rules § 5615 (2026).

Text

  § 5615. Disposition upon appeal from order granting new trial or\nhearing. When an appeal to the appellate division presented questions of\nfact and a further appeal is taken pursuant to subdivision (c) of\nsection 5601, or subparagraph (iii) of paragraph two of subdivision (b)\nof section 5602, the court of appeals shall affirm the order appealed\nfrom and shall render judgment or order absolute against the appellant\nunless the order or opinion of the appellate division recites either\nthat the questions of fact have not been considered or that the court\nhas considered the questions of fact and has determined that it would\nnot grant a new trial or hearing upon those questions.\n

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§ 5615. Disposition upon appeal from order granting new trial or\nhearing. When an appeal to the appellate division presented questions of\nfact and a further appeal is taken pursuant to subdivision (c) of\nsection 5601, or subparagraph (iii) of paragraph two of subdivision (b)\nof section 5602, the court of appeals shall affirm the order appealed\nfrom and shall render judgment or order absolute against the appellant\nunless the order or opinion of the appellate division recites either\nthat the questions of fact have not been considered or that the court\nhas considered the questions of fact and has determined that it would\nnot grant a new trial or hearing upon those questions.\n