FACTS: Stambovsky entered as the buyer into a contract in 1989 to purchase a home in Nyack, New York from Ackley. Ackley, the seller, had in previous years, reported that the house was haunted by poltergeists in both Readers’ Digest and the local paper, and recently had included the home in a local tour of haunted homes, but did not disclose this information to Stambovsky during the process of the sale of the home. Once Stambovsky heard of the house’s reputation, he attempted to stop the closing on the contract and get his down payment returned to him without a lawsuit. He then filed a lawsuit requesting released from the contract without damages. Ackley argues that the “as is” clause protects the seller
