5613 - Disposition upon reversal or modification.

§  5613.    Disposition  upon reversal or modification.   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.