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.