Ewen v. MacCherone

The owners of a New York City luxury condominium sued their neighbor for cigarette smoke drifting into their unit. The court of appeal disagreed with the lower court and dismissed the owners’ claims for nuisance and negligence. The appeals court found that there was no law or condominium rule that prevented the neighbor from smoking. Additionally, the court ruled that the neighbor’s smoking was not unreasonable enough to constitute a private nuisance and that the neighbor did not have a duty to refrain from smoking inside his apartment or from unintentionally allowing the secondhand smoke to seep into another unit.


Ewen v. MacCherone, 927 N.Y.S.274 (2011)

  • United States
  • May 26, 2011
  • 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