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Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.
However, if the party wishes to stay a judgment during the appeal, a motion must be made with the Superior Court, and the court can require the posting of a bond or cash deposit under R.2:9-5 and R.2:9-6. The same rule applies in Delaware under the state constitution [3] as well as the court rules. [4] [5]
Certificates of Disposition are available from the clerk's office in either the Criminal Court or the Supreme Court, Criminal Term, both trial courts in New York City. [2] It is also available in all other city courts in Upstate New York, for example, Binghamton, New York, [3] and Plattsburgh, New York. [4]
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.
Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014), is a landmark decision [1] [2] in United States corporate law by the United States Supreme Court allowing privately held for-profit corporations to be exempt from a regulation that its owners religiously object to, if there is a less restrictive means of furthering the law's interest, according to the provisions of the Religious Freedom ...
The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court.
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
A judgment that is in the nature of a debt of record, but has neither goods nor a chattel attached is not subject to a conversion, because the judgment creditor has no property in it. [60] A writ of execution can be the subject of a conversion, despite the fact that it is not private property.