Legal Opinion

Stambovsky v. Ackley

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 1991PublishedCited by 52 opinions

1Opinion of the Court

OPINION OF THE COURT

Rubin, J.

Plaintiff, to his horror, discovered that the house he had recently contracted to purchase was widely reputed to be *256possessed by poltergeists, reportedly seen by defendant seller and members of her family on numerous occasions over the last nine years. Plaintiff promptly commenced this action seeking rescission of the contract of sale. Supreme Court reluctantly dismissed the complaint, holding that plaintiff has no remedy at law in this jurisdiction.

The unusual facts of this case, as disclosed by the record, clearly warrant a grant of equitable relief to the buyer…

2Cases cited20 opinions

  1. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  2. Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
  3. Arrington v. New York Times Co.New York Court of Appeals · 1982
  4. Da Silva v. MussoNew York Court of Appeals · 1981
  5. Junius Construction Corp. v. CohenNew York Court of Appeals · 1931

15 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Allen v. Westpoint-Pepperell, Inc.Court of Appeals for the Second Circuit · 1991
  2. Banque Arabe et Internationale D'Investissement v. Maryland National BankCourt of Appeals for the Second Circuit · 1995
  3. Aetna Casualty And Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
  4. Strawn v. CanusoSupreme Court of New Jersey · 1995
  5. Jablonski v. RapaljeAppellate Division of the Supreme Court of the State of New York · 2005

47 more not listed; retrieve them via the Exa API.

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