Ewen v. MacCherone

The owners of a New York City luxury condominium sued their neighbor for cigarette smoke drifting into their unit. The court found that the condominium rules are silent about smoking in residences but that the rules prohibit any objectionable odors or activity, which interfere with the “rights, comforts, or conveniences” of other owners. The court allowed the owners’ claims for negligence and nuisance to move forward. The court also found it was permissible for the owners to sue their neighbor without involving the condominium association in the lawsuit.


Ewen v. Maccherone, 906 N.Y.S.2d 772 (2009).

  • United States
  • Dec 1, 2009
  • Civil Court, City of New York, New York County



  • Britt Ewen
  • Christian Ewen


  • Caterina International, Ltd.
  • Federico Maccherone

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product