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

Parties

Plaintiff

  • Britt Ewen
  • Christian Ewen

Defendant

  • Caterina International, Ltd.
  • Federico Maccherone

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"The bylaws, rule and regulations on their face are silent regarding whether smoking is permitted or prohibited in individual units. On the one hand, the fact that the documents expressly prohibit smoking only in specific public areas of the building implies that smoking is allowed in private areas, such as individual units. On the other hand, paragraph 11 of the rules and regulations clearly states that unit owner are not allowed to permit objectionable odors to interfere with the "rights, comforts and conveniences" of other owners, tenants, or occupants. Such language implies that smoking is not allowed in individual units if secondhand smokes invades other units, as is alleged in this case. In light of the above analysis, it is clear to the court that the documentary evidence does not conclusively establish a defense to the asserted claim as a matter of law."