Stambovsky V. Ackley
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Stambovsky V. Ackley
''Stambovsky v. Ackley'', 169 A.D.2d 254 ( N.Y. App. Div. 1991), commonly known as the ''Ghostbusters'' ruling, is a case in the New York Supreme Court, Appellate Division, that held that a house, which the owner had previously advertised to the public as haunted by ghosts, legally was haunted for the purpose of an action for rescission brought by a subsequent purchaser of the house. Because of its unique holding, the case has been frequently printed in textbooks on contracts and property law and widely taught in U.S. law school classes, and is often cited by other courts. 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 fiv ...
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Seal Of New York
The state seal of New York (state), New York features the state arms (officially adopted in 1778) surrounded by the words "The Great Seal of the State of New York". A banner below shows the New York State motto ''wikt:excelsior, Excelsior'', Latin for "Ever Upward", and the secondary motto ''E pluribus unum, E Pluribus Unum,'' Latin for "Out of Many, One"—adopted in 2020. Allegorical figures of Liberty (goddess), Liberty (left) and Lady Justice, Justice (right) support the shield and an American eagle spreads its wings above on a world globe. Liberty's left foot treads on a Crown (headgear), crown, a symbol of freedom from the Kingdom of Great Britain, and holds a staff topped with a Phrygian cap, Phrygian Cap, a symbol of freedom and the pursuit of liberty. Justice is blindfolded and holds a sword in one hand and a scale in the other, symbolizing impartiality and fairness. The center shield displays a masted ship and a sloop on the Hudson River (symbols of inland and foreig ...
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Nyack, New York
Nyack () is a Village (New York), village located primarily in the Town (New York), town of Orangetown, New York, Orangetown in Rockland County, New York, Rockland County, New York (state), New York, United States. Incorporated in 1872, it retains a very small western section in Clarkstown, New York, Clarkstown. It is a suburb of New York City lying approximately north of the Manhattan boundary near the west bank of the Hudson River, situated north of South Nyack, New York, South Nyack, east of Central Nyack, New York, Central Nyack, south of Upper Nyack, New York, Upper Nyack, and southeast of Valley Cottage, New York, Valley Cottage. Nyack had a population of 6,765 as of the 2010 United States Census, 2010 census. Setting Nyack is one of five southeastern Rockland County Village (New York), villages and Hamlet (New York), hamlets that constitute "The Nyacks" – Nyack, Central Nyack, South Nyack, New York, South Nyack, Upper Nyack, New York, Upper Nyack and West Nyack, Ne ...
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Hobgoblin
A hobgoblin is a household spirit, typically appearing in folklore, once considered helpful, but which since the spread of Christianity has often been considered mischievous. Shakespeare identifies the character of Puck in his ''A Midsummer Night's Dream'' as a hobgoblin. Etymology The term "hobgoblin" comes from " hob" ("elf") The earliest known use of the word can be traced to about 1530, although it was likely in use for some time prior to that. Folklore Hobgoblins seem to be small, hairy little men who, like their close relatives the brownies, are often found within human dwellings, doing odd jobs around the house while the family is asleep. Such chores are typically small tasks like dusting and ironing. Often, the only compensation necessary in return for these is food. While brownies are more peaceful creatures, hobgoblins are more fond of practical jokes. They also seem to be able to shapeshift, as seen in one of Puck's monologues in ''A Midsummer Night's Dream''. Rob ...
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Hamlet
''The Tragedy of Hamlet, Prince of Denmark'', often shortened to ''Hamlet'' (), is a tragedy written by William Shakespeare sometime between 1599 and 1601. It is Shakespeare's longest play, with 29,551 words. Set in Denmark, the play depicts Prince Hamlet and his attempts to exact revenge against his uncle, Claudius, who has murdered Hamlet's father in order to seize his throne and marry Hamlet's mother. ''Hamlet'' is considered among the "most powerful and influential tragedies in the English language", with a story capable of "seemingly endless retelling and adaptation by others". There are many works that have been pointed to as possible sources for Shakespeare's play—from ancient Greek tragedies to Elizabethan plays. The editors of the Arden Shakespeare question the idea of "source hunting", pointing out that it presupposes that authors always require ideas from other works for their own, and suggests that no author can have an original idea or be an originator. When ...
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William Shakespeare
William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's national poet and the " Bard of Avon" (or simply "the Bard"). His extant works, including collaborations, consist of some 39 plays, 154 sonnets, three long narrative poems, and a few other verses, some of uncertain authorship. His plays have been translated into every major living language and are performed more often than those of any other playwright. He remains arguably the most influential writer in the English language, and his works continue to be studied and reinterpreted. Shakespeare was born and raised in Stratford-upon-Avon, Warwickshire. At the age of 18, he married Anne Hathaway, with whom he had three children: Susanna, and twins Hamnet and Judith. Sometime between 1585 and 1592, he began a successful career in London as an ...
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Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ...
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Caveat Emptor
''Caveat emptor'' (; from ''caveat'', "may he/she beware", a subjunctive form of ''cavēre'', "to beware" + ''ēmptor'', "buyer") is Latin for "Let the buyer beware". It has become a proverb in English. Generally, ''caveat emptor'' is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase ''caveat emptor'' and its use as a disclaimer of warranties arises from the fact that buyers typically have less information than the seller about the good or service they are purchasing. This quality of the situation is known as 'information asymmetry'. Defects in the good or service may be hidden from the buyer, and only known to the seller. It is a short form of ''Caveat emptor, quia ignorare non debuit quod jus alienum emit'' ("Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.") I.e. the buyer should assure himself that the ...
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New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court. The court is radically different from its counterparts in nearly all other states in that the Supreme Court is a trial court and is not the highest court in the state. The highest court of the State of New York is the Court of Appeals. Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties. Jurisdiction Under ...
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Closing (real Estate)
The closing (also called the completion or settlement) is the final step in executing a real estate transaction. It is the last step in purchasing and financing a property. On the closing day, ownership of the property is transferred from the seller to the buyer. In most jurisdictions, ownership is officially transferred when a deed from the seller is delivered to the buyer. The closing process The closing process officially begins once the seller accepts, signs, and returns a purchase offer (also known as a purchase agreement). The closing date is set during the property negotiation phase and is usually several weeks after an offer is formally accepted. At a high level, the closing typically involves the following parties: the seller, the buyer, real estate agents, attorneys (depending on the state), the mortgage lender, and the settlement agency (also known as a title company). State and regional legislation can greatly impact the closing process so the closing process can v ...
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Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ...
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Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ...
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Rescission (contract Law)
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the ''status quo ante''). Taxonomy Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity, reference to the jurisdictional origins is still important for the purposes of exposition. * ''"Rescission" in the sense of termination''. Rescission in this sense is not the focus of this article. Where a contract ...
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