blaw ackely

blaw ackely - 14. Stambovsky v. Ackley Facts Plaintiff...

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14. Stambovsky v. Ackley Facts Plaintiff discovered that the house he had recently contract to buy was alleged to be possessed by ghosts/spirits and wants to rescind the contract. Ackley, the previous owner has reported that the house was haunted on numerous occasions to local papers and Reader’s Digest , but never mentioned it to Stambovsky when he was looking at the house. Since Stambovsky was not a member of the local area, he was unaware of the haunting stories. Issue Under NY property law, did the seller's actions in causing the house's reputation severely impair the value of the contract, such that defendant had the duty to inform the plaintiff? Holding Yes, defendant informed the public at large and owed at least as much to the plaintiff. Court modified judgment, reinstating the first cause of the action for plaintiff rescission Reasoning New York adheres to Caveat Emptor and imposes no duty upon the vendor to disclose, unless there is a fiduciary relationship, or some conduct on the part of the seller which
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This note was uploaded on 11/17/2008 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell.

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