Stambovsky v. Ackley
Supreme Court, Appellate Division, First Department, New York
169 A.D.2d 254 (1991)
Stambovsky (plaintiff) entered into a contract for the purchase of a home in Nyack, New York, with Ackley (defendant). 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 this action to rescind the sales contract for the home. The trial court dismissed the complaint, stating that no remedy at law was available. Stambovsky then appealed to the First Department.
Rule of Law
Holding and Reasoning (Rubin, J.)
Dissent (Smith, J.)
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