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STAMBOVSKY v. ACKLEY

169 A.D.2d 254 (1991)

Jeffrey M. Stambovsky, Appellant, v. Helen V. Ackley et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 18, 1991

Attorney(s) appearing for the Case

William M. Stein of counsel (Hood & Stein, attorneys), for appellant.

Andrew C. Bisulca of counsel (Mann, Mann & Lewis, P. C., attorneys), for Helen V. Ackley, respondent.

Jeffrey J. Ellis of counsel (Quirk & Bakalor, P. C., attorneys), for Ellis Realty, respondent.

ROSS and KASSAL, JJ., concur with RUBIN, J.; MILONAS, J. P., and SMITH, J., dissent in an opinion by SMITH, J.

RUBIN, J.

Plaintiff, to his horror, discovered that the house he had recently contracted to purchase was widely reputed to be possessed 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...

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