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Stambovsky did not attend the closing which caused him to forfeit my downpayment although he was then not obligated to buy the house. Majority opinion[ edit ] Near the beginning of the majority opinion three out of five justices appears its most well-known conclusion: Notwithstanding these conclusions, the court affirmed the dismissal of the fraudulent misrepresentation action and stated Free casual dating in nyack ny 10960 the realtor was under no duty to disclose the haunting to potential buyers. Thus, no damages were available to Stambovsky because New York, at the time, adhered to property law doctrine of caveat emptor.
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In this case, "the most meticulous inspection and the search would not reveal the presence of poltergeists at the premises or unearth the property's ghoulish reputation in the community," thus equity would allow Stambovsky the remedy of contract rescission against the seller, Ackley. Where, as here, the seller not only takes unfair advantage of the buyer's ignorance but has created and perpetuated a condition about which he is unlikely to even inquire, enforcement of the contract in whole or in part is offensive to the court's sense of equity. Application of the remedy of rescission, within the bounds of the narrow exception to the doctrine of caveat emptor set forth herein, is entirely appropriate to relieve the unwitting purchaser from the consequences of a most unnatural bargain.
The opinion makes reference to a number of popular books and films featuring ghosts, including Shakespeare's Hamlet and the movie Ghostbusters and uses supernatural idioms throughout e. Dissenting opinion[ edit ] The dissenting opinion argued that the doctrine of caveat emptor should be strictly applied and would affirm the trial court's dismissal of all of the actions. Displeased by the majority's basis for its holding, the dissent said, "Finally, if the doctrine of caveat emptor is to be discarded, it should be for a reason more substantive than a poltergeist. The existence of a poltergeist is no more binding upon the defendants than it is upon this court. Kreskin was a renowned mentalist interested in purchasing a haunted home in which to curate his collection of paranormal paraphernalia.
Helen Ackley died in and her son-in-law "lays odds" that her spirit has taken up residence back at 1 Ackley Place. Ghost Stories[ edit ] The house had been vacant and was in disrepair when the Ackleys moved into the waterfront home in the s. She described two as a married couple who lived in the 18th century, and the other as a Navy Lieutenant in the American Revolution.