Facts and Prior History
During the course of her ownership of the property at issue, which was located in Nyack, New York, Helen Ackley and members of her family had reported the existence of numerous poltergeists in the house. Ackley had reported the existence of ghosts in the house to both Reader's Digest and a local newspaper on three occasions between 1977 and 1989, when the house was included on a five-home walking tour of the city. She recounted to the press several instances in which the poltergeists interacted directly with members of her family. She claimed that grandchildren received "gifts" of baby rings, all of which suddenly disappeared later. She also claimed that one ghost would wake her each morning by shaking her bed. She claimed that when spring break arrived she proclaimed loudly that she did not have to wake up early and she would like to sleep in; her bed did not shake the next morning.
Neither Ackley nor her real estate broker, Ellis Realty, revealed the haunting to Jeffrey Stambovsky before he entered a contract to purchase the house in 1989 or 1990. Stambovsky made a $32,500 downpayment on the agreed price of $650,000 for the house. Stambovsky was from New York City and was not aware of the folklore of Nyack, including the widely known haunting story.
When Stambovsky learned of the haunting story, he filed an action requesting rescission of the contract of sale and for damages for fraudulent misrepresentation by Ackley and Ellis Realty. Stambovsky did not attend the closing which caused him to forfeit the downpayment (although he was then not obligated to buy the house). A New York Supreme Court (trial court) dismissed the action, and Stambovsky appealed.
Read more about this topic: Stambovsky V. Ackley
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