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Stambovsky v. Ackley

Supreme Court of New York, Appellate Division
572 N.Y.S.2d 672 (1991)


Facts

Stambovsky (plaintiff) entered a contract to purchase Ackley’s (defendant) house and discovered ghosts haunted the house. Stambovsky sought rescission of the sale contract. The Supreme Court dismissed the complaint, holding that Stambovsky has no remedy at law.

Rule of Law

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Issue

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Holding and Reasoning (Rubin, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Smith, J.)

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