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Stambovsky v. Ackley
Supreme Court of New York, Appellate Division
572 N.Y.S.2d 672, 169 A.D.2d 254 (1991)
Jeffrey Stambovsky (plaintiff) entered into a contract for the purchase of a home in Nyack, New York, with Helen Ackley (defendant). Prior to the purchase, Stambovsky conducted the required home inspection and searched the public records regarding title. However, unbeknownst to Stambovsky, Ackley had held the house out to the public as a haunted house. An article had been written about the home in Reader’s Digest, and the home was included on a haunted homes tour of Nyack. Ackley did not disclose these facts to Stambovsky during their negotiations. Upon learning that the home was haunted, Stambovsky brought an action against Ackley to rescind the sales contract for the home. The trial court dismissed the complaint, stating that no remedy at law was available. Stambovsky appealed.
Rule of Law
Holding and Reasoning (Rubin, J.)
Dissent (Smith, J.)
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