Stambovsky v. Ackley | |
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New York Supreme Court, Appellate Division, First Department | |
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Decided July 18, 1991 | |
Full case name | Jeffrey M. Stambovsky v. Helen Ackley and Ellis Realty |
Citations | 169 A.D.2d 254, 572 N.Y.S.2d 672, 60 USLW 2070 |
Prior history | New York Supreme Court dismissed the action (April 9, 1990) |
Main Holding | |
Seller who had undertaken to inform the public at large about the existence of poltergeists on the premises to be sold was estopped to deny existence of poltergeists on the premises, so the house was haunted as a matter of law and seller must inform the purchaser of the haunting. | |
Court membership | |
Presiding Justice | Milonas |
Associate Justices | Ross, Kassal, Smith, Rubin |
Case opinion | |
Decision by | Rubin |
Joined by | Ross, Kassal |
Dissent by | Smith, Milonas |
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991), commonly known as the Ghostbusters ruling, was a case in the New York Supreme Court, Appellate Division. The court held that a house, which the owner had previously advertised as haunted by ghosts, was legally haunted for the purpose of an action for rescission brought by a subsequent purchaser of the house. Because of its unique holding that "as a matter of law, the house is haunted", the case has been frequently printed in textbooks on contracts and property law and is widely taught in U.S. law school classes, as well as being cited by other courts.
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