Secondhand Smoke in Tenant's Apartment

January 10, 2012

LVT Number: #23813

Co-op shareholder sued co-op corporation for failing to remedy a secondhand smoke condition in her apartment. She claimed that the smoke caused her to suffer tightness in her chest, coughing, headaches, and watery eyes. Landlord asked the court to dismiss the case, but the court refused. There was proof of more than a single occurrence of smoke within the apartment, and the shareholder had made multiple complaints to landlord. There also were questions as to whether the condition was severe enough to cause a breach of the warranty of habitability or constructive eviction.

Co-op shareholder sued co-op corporation for failing to remedy a secondhand smoke condition in her apartment. She claimed that the smoke caused her to suffer tightness in her chest, coughing, headaches, and watery eyes. Landlord asked the court to dismiss the case, but the court refused. There was proof of more than a single occurrence of smoke within the apartment, and the shareholder had made multiple complaints to landlord. There also were questions as to whether the condition was severe enough to cause a breach of the warranty of habitability or constructive eviction. A trial was required to determine the facts.

Reinhard v. Connaught Tower Corporation: Index No. 602503/2008, NYLJ No. 1202536606385 (Sup. Ct. NY; 11/30/11; Gische, J)

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