Duntley v. Barr

After complaining multiple times to his neighbor and landlord, a tenant sued his neighbor for secondhand smoke drifting into his apartment. The court noted that although the state law regulating smoking exempts private residences, the tenant could recover under the theory that his neighbor’s smoking created a nuisance. The court found in favor of the tenant, ruling that the neighbor’s smoking created a private nuisance. The court awarded the tenant $335.13 in damages to cover the cost of an air filter but denied the tenant’s requests for medical expenses and reimbursement for increased power consumption because of insufficient evidence.


Duntley v. Barr, 805 N.Y.S.2d 503 (2005)

  • United States
  • Sep 22, 2005
  • City Court, City of Syracuse


Plaintiff Edgar Duntley

Defendant Marion Barr

Legislation Cited

New York State Public Health Law, Article 13-E

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product