Truesee's Daily Wonder

Truesee presents the weird, wild, wacky and world news of the day.

Monday, January 17, 2011

 

Family sues cigar-smoking neighbor over secondhand smoke

Family sues cigar-smoking neighbor over secondhand smoke

 

KATHIANNE BONIELLO

 

Last Updated: 6:03 PM, January 16, 2011  Posted: 12:49 AM

 

New Yorkers can't smoke in restaurants, bars or at work -- or inside their own apartments, apparently.

An Upper East Side cigar smoker said he's done everything to appease the family next door that insists he's generating so much secondhand smoke that it's seeping into their apartment and making life a living hell.

Harry Dale takes most of his smoke breaks outside, uses three air cleaners in his third-floor co-op and even hired a specialist to try to seal off his apartment from that of Russell and Amanda Poses.

Dale, whose wife, Ann, suffered a stroke a few months ago, said he understands how upsetting secondhand smoke can be.

HUMI-DOOR: Cigar-smoker Harry Dale is miffed over a secondhand-smoke lawsuit filed by East 79th Street neighbors Russell Poses and wife Amanda . Dale says he's spent a lot of money in a bid toaccommodate them. -

Helayne Seidman

HUMI-DOOR: Cigar-smoker Harry Dale is miffed over a secondhand-smoke lawsuit filed by East 79th Street neighbors Russell Poses and wife Amanda . Dale says he's spent a lot of money in a bid toaccommodate them.

But when the couple decided to put their gripes in a Manhattan Supreme Court lawsuit, which they filed against the Dales last week, he had enough.

"Oh, you're kidding me," said Dale when told of the lawsuit. "This has been going on for a year. I thought we rectified it. The Poses are absolutely unreasonable."

"He says his son has asthma," Dale said of Russell Poses. "The amount of secondhand smoke that child has been exposed to from my cigars is minimal. The exhaust from the city buses is worse."

The Poses family, who live in apartment 3A, claim the odors and smoke coming from 3G are so strong, they've been practically evicted from their two-bedroom co-op at 501 E. 79th St., a 20-story doorman building where apartments go for $2 million.

"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.

The city is considering a law that would ban smoking in public parks, beaches and plazas. While there's no law against smoking inside an apartment, courts have ruled that secondhand smoke is a serious problem if it leeches into another apartment or impacts the neighbors, said John Churneftsky, the Poses' lawyer.

"It constitutes a nuisance and a trespass, and when you have a nuisance or a trespass, the court will order that nuisance remedied," Churneftsky said.

In 2006, a Manhattan judge ruled that secondhand smoke is a breach of the "warrant of habitability," a provision of state law that says tenants are entitled to a "livable, safe and sanitary" apartment. Co-ops and apartment buildings can also choose to ban smoking throughout their buildings, including inside individual apartments.

After they complained for nearly a year, the Poseses said in court papers that the secondhand smoke seemed to subside for about one month last winter.

But it didn't last long. The pair are accusing the Dales of "maliciously" and "spitefully" trying to smoke them out.

The family, including son Charles, 6, and daughter Addison, 3, has lost sleep and suffered headaches, chest pains, and respiratory ailments, and say they haven't been able to use most of their rooms because the fumes are so bad.

The Wall Street equities trader and his wife, who runs her own gift-basket business, are asking for $500,000 in damages for each member of the family.



Read more: http://www.nypost.com/p/news/local/manhattan/smoke_scream_3BHUiT2iBXCxmqgQsXmI6K#ixzz1BHr3YAaF


Comments: Post a Comment

<< Home

Archives

June 2021   May 2021   April 2021   March 2021   February 2021   January 2021   December 2020   November 2020   October 2020   September 2020   August 2020   July 2020   June 2020   May 2020   April 2020   March 2020   February 2020   January 2020   December 2019   November 2019   October 2019   September 2019   August 2019   July 2019   June 2019   May 2019   April 2019   March 2019   February 2019   January 2019   December 2018   November 2018   October 2018   September 2018   August 2018   July 2018   June 2018   May 2018   April 2018   March 2018   February 2018   January 2018   December 2017   November 2017   October 2017   September 2017   August 2017   July 2017   June 2017   May 2017   April 2017   March 2017   February 2017   January 2017   December 2016   November 2016   October 2016   September 2016   August 2016   July 2016   June 2016   May 2016   April 2016   March 2016   February 2016   January 2016   December 2015   November 2015   October 2015   September 2015   August 2015   July 2015   June 2015   May 2015   April 2015   March 2015   February 2015   January 2015   December 2014   November 2014   October 2014   September 2014   August 2014   July 2014   June 2014   May 2014   April 2014   March 2014   February 2014   January 2014   December 2013   November 2013   October 2013   September 2013   August 2013   July 2013   June 2013   May 2013   April 2013   March 2013   February 2013   January 2013   December 2012   November 2012   October 2012   September 2012   August 2012   July 2012   June 2012   May 2012   April 2012   March 2012   February 2012   January 2012   December 2011   November 2011   October 2011   September 2011   August 2011   July 2011   June 2011   May 2011   April 2011   March 2011   February 2011   January 2011   December 2010   November 2010   October 2010   September 2010   August 2010   July 2010   June 2010   May 2010   April 2010   March 2010   February 2010   January 2010   December 2009   November 2009   October 2009   September 2009   August 2009   July 2009   June 2009   May 2009   April 2009   March 2009   February 2009   January 2009   December 2008  

Powered by Lottery PostSyndicated RSS FeedSubscribe