No Proof Neighbors' Marijuana Smoking Harmed Tenant

Tenant sued former landlord for negligence. In 1993, tenant’s downstairs neighbors started smoking marijuana and other drugs in their apartment. Smoke would waft into tenant’s apartment. Tenant complained repeatedly to landlord, who took no action. A jury found that landlord was negligent. Still, landlord asked the court to dismiss the case because there was no harm done to tenant. The court ruled for tenant. Tenant claimed that the smoke caused her to develop certain physical ailments. Her medical records showed that tenant was 79 years old at the time of the trial and had been diagnosed with some medical conditions in the few years before that. The jury awarded tenant $175,000. Landlord appealed and won. None of tenant’s medical evidence proved any connection between her medical conditions and the smoke that came from the downstairs apartment. The trial court should have dismissed the claim.

Calderon v. Evergreen Owners, Inc.: NYLJ, 2/6/10, p. 30, col. 6 (App. Div. 2 Dept.; Covello, JP, Santucci, Miller, Eng, JJ)