Herbert Paul v. 370 Lex, L.L.C.

An individual sued the tenant in the adjoining office, the building owner, and the property management company for smoke drifting into his office from the adjoining office. The court found that the complaining tenant could proceed to trial with his claim for breach of the covenant of quiet enjoyment. Additionally, the court found that the tenant could proceed with his nuisance claim against his neighbor but not against the building owner or property management company because they did not have control of the property. The court dismissed the tenant’s claims for violation of a state and local law regulating smoking because the state law does not allow for a private cause of action and the local law allows smoking in a private office if no more than three people are present, as was the case here.


Herbert Paul, CPA, PC v. 370 Lex, L.L.C., 794 N.Y.S.2d 869 (2005).

  • United States
  • Mar 2, 2005
  • Supreme Court, New York County


Plaintiff Herbert Paul, CPA, PC


  • 370 Lex, L.L.C.
  • 370 Lexington Avenue LLC
  • Murray Hill Property Management, Inc.
  • Richard Anderson

Legislation Cited

New York City Smoke-Free Air Act, Administrative Code of New York City, title 17, chapter 5

New York State Public Health Law article 13-e

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