...I selected the case Stambovsky v. Ackley. The reason I took interest in this case is because its setting is in Nyack, New York, and that is where I grew up as a child and call home. Although I grew up in Nyack I had never heard of this house that is haunted so I thought it would be an intriguing topic to look up and write about. Although I have never heard of this case before, I have heard many stories of places around that area being haunted, some including the school I attended. This case is about the plaintiff Stambovsky wanted to purchase a house in Nyack, New York. The defendant Ackley had previously advertised that the house was haunted by ghosts between 1977 and 1989. Stambovsky had written an article about the house on readers digest and also had the house displayed in a haunted tour. Stambovsky went into the contract but did not know the house was haunted due to the fact that Ackley did not provide that information. Upon learning that the house was haunted, Stambovsky wanted to rescind the contract of sale for the home and have his down payment of $32,500 repaid back to him....
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...Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) Procedural History: Appeal is brought by Plaintiff from the Supreme Court, New York County, after the Supreme Court dismissed the plaintiff’s action against the defendants for rescission and damages related to the purchase of a house. Plaintiff/Appellant asks the Court for an entry of judgment for rescission and damages. Issue: Under New York law, may a homebuyer rescind the purchase contract when an undisclosed condition impairs the value of the property? Holding: The Court determined that a homebuyer may rescind the purchase contract when an undisclosed condition impairs the value of the property. Facts: Plaintiff contracted to buy a house from defendant seller. Plaintiff then discovered that the house was publicly believed to be haunted by ghosts. The seller had perpetuated this belief by publishing an article in Reader’s Digest (1977) and the local newspaper (1982). The seller also included the house in a walking tour and again described it as “haunted” in the local newspaper (1989). The seller did not disclose this information to the plaintiff. Rationale: In real estate transactions, New York adheres to the doctrine of caveat emptor, meaning “let the buyer beware.” Homes are sold “as is” and it is the buyer’s duty to take appropriate measures to properly inspect a property before purchasing it. The Court determined that the plaintiff properly inspected the home and could not have been expected to contemplate...
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...Summary In the case, commonly known in the legal world as the Ghostbusters ruling, the plaintiff (Jeffrey M. Stambovsky) alleges that Ackley and her real estate broker, defendant Ellis Realty, made material misrepresentations of the property in that they failed to disclose that Ackley believed that the house was haunted by poltergeists. Moreover, the plaintiff presented evidence that Ackley shared this belief with her community and the general public through articles published in the local newspaper. In November 1989, approximately two months after the parties entered into the contract of sale but subsequent to the scheduled closing, the house was included in a five-house walking tour and again described in the local newspaper as being haunted....
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