A New York City cigar smoker is being sued by his neighbors who claim that the odor and fumes of his stogies waft into their home and create an annoyance and a health hazard.
Russell and Amanda Poses of the Upper East Side of Manhattan filed a $2,000,000 lawsuit in Manhattan Supreme Court against their neighbor, Harry Dale, according to the New York Post.
It's pungent enough that you can't eat dinner, Russell Poses told the Post. I've got two children, and I couldn't let them in their own playroom.”
Dale said he has already gone to great measures to minimize the impact of his smoking habit on his neighbors, citing, among other things, that now he only smokes outside and uses three air-fresheners, according to the Post.
This has been going on for a year, I thought we'd rectified it, Dale told to the Post. The Poses are absolutely unreasonable.”
The Poses claim that Dale has been maliciously and spitefully smoking to bother them out, adding that their two young children cannot sleep and suffer from headaches, chest pains, and respiratory ailments.
It's pungent enough that you can't eat dinner. I've got two children, and I couldn't let them in their own playroom, said Russell Poses.
Five years ago, a judge in Manhattan determined that second-hand smoke breached the warrant of habitability, a state law provision which asserts that tenants are entitled to a livable, safe and sanitary apartment. As a result, apartment building and co-op can opt to ban smoking, even in private apartments.
The City of New York and it anti-smoking mayor, Michael Bloomberg, has been on a crusade to eliminate lighting up in public places for years (with mixed success).
A recent initiative from City Hall that called for a ban on smoking in public parks, beaches and plazas was met with outrage and accusations of harassment from smokers last October. It has yet to be passed.
New Yorkers are already barred from smoking in bars, restaurants and offices.