“As a matter of law, the house is haunted”… Stambovsky v. Ackley (169 AD2nd 254)

Haunted Houses have long been associated with Halloween, and so this year, we decided to blog about a New York Real estate contract case complicated by a supernatural presence….

It began, as a lot of NY litigation tales do, with a seemingly simple real estate transaction. While various publications described the Ackleys experience with poltergeists, and while both the Ackleys and Ellis Realty claimed they informed Stambovsky about the unusual and unearthly tenants, the buyer waited till after the contract was signed to request an in-person meeting on the property to discuss the ghosts. Stambovsky then filed an action requesting rescission of the contract of sale.

And, at that point, ghostly concerns became a matter for attorneys….

Eventually making its way to New York Supreme Court, Appellate Division, the Court overturned the trial court decision and allowed the contract to be extinguished (“rescission”), holding that “as a matter of law, the house is haunted.”

Stambovsky v. Ackley (169 AD2d 254) has not only been cited in numerous law reviews — but has made its way to such well known secondary sources as New York Jurisprudence 2nd (under topics of Fraud & Deceit, Real Property Sales & Brokers), Am Jur 2d (Contract Law), New York Contract Law 2nd by Banks, and BNA Environmental titles…. all of which are part of NYLI’s extensive collection….

Extensive eBook & print collections…PQ Congressional...Records & Briefs….LLMC.. New York Legislative Services .and the assistance of expert librarians…