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Stambovsky v. Ackley

Stambovsky v. Ackley - Judy Duong Prof Dhooge Real Estate...

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Judy Duong Prof. Dhooge Real Estate Law Oct. 18, 2007 Stambovsky v. Ackley 169 A.D. 2d 254, 572 N.Y.S.2d 672 (1991) Operative Facts 1. Jeffrey M. Stambovsky, a resident of New York City, was horrified to find out that he had recently signed a contract to purchase a haunted house, in the Village of Nyack, reputable to be possessed by poltergeists in 1990. He immediately sought rescission of the contract. 2. Helen V. Ackley never denied the house was haunted, as a matter of fact, promoted the apparitions in national publications in 1977 and 1982 respectively. 3. In addition, the house was included in a five-home walking tour of Nyack, described as “a riverfront Victorian (with ghosts)” in 1989. Procedural Facts 1. Stambovsky filed for legal remedy to the trial court for a rescission of the contract due to the seller, Helen V. Ackley’s, fraudulent misrepresentation and nondisclosure of the house being “haunted.” 2. The trial court dismissed Stambovsky’s claim, because Stambovsky has no legal
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