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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]
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.
Because of its age, being the oldest federal court in the history of the United States, [2] [3] great influence, described as "the preeminent trial court in the nation", [4] and its strong independence, [5] it is colloquially called the "Mother Court", [6] or the "Sovereign District of New York."
The New York State Constitution (2nd ed.). Oxford University Press. ISBN 978-0-19-986056-2. LCCN 2011051555. NYSBA Committee on Legal Education and Admission to the Bar; NYSBA Membership Committee (September 2012). The Practice of Law in New York State: An Introduction For Newly-Admitted Attorneys (PDF). New York State Bar Association.
Ademption by satisfaction, also known as satisfaction of legacies, is a common law doctrine that determines the disposition of property under a will when the testator has made lifetime gifts to beneficiaries named in the will.
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.
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 .
The requirements for testamentary capacity are minimal. Some courts have held that a person who lacked the capacity to make a contract can nevertheless make a valid will. . While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware