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.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A claim for violating a law protecting tenants or home owners, such as the covenant of quiet enjoyment, the warranty of habitability, constructive eviction, or trespass. For example, a tenant could sue a neighbor or the property owner when exposed to drifting secondhand smoke in their home.
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.