Poyck v. Bryant

Condominium tenants sued their landlord for secondhand smoke that drifted into their unit despite efforts to seal their door and the operation of two HEPA air filters. The court found that secondhand smoke, under the proper circumstances, can be grounds for constructive eviction and allowed the tenants’ claims for constructive eviction and for breach of warranty of habitability to proceed. The court stated that secondhand smoke “is just as insidious and invasive as the more common conditions such as noxious odors, smoke odors, chemical fumes, excessive noise, and water leaks and extreme dust penetration.” Although the landlord argued that he had no control over the smoking tenants, the court found that the landlord could have asked the neighbors to stop smoking in the hallway and elevator; could have properly ventilated the smokers’ unit so that smoke did not seep into the other tenants’ unit; and could have taken action against the smoking tenants under the condominium bylaws.


Poyck v. Bryant, 820 N.Y.S.2d 774 (2006).

  • United States
  • Aug 24, 2006
  • Civil Court, City of New York


Plaintiff Peter Poyck


  • Michelle Bryant
  • Stan Bryant

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product