Written by Puff Staff

Monday, 17 January 2011

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New York man is sued by neighbors over secondhand smoke


As they sometimes say, you can't always choose your neighbors, and that statement must be ringing through the head of Harry Dale. Dale is a New York man who was recently sued for $2 million by his next door neighbors. While lawsuits in the United States are nothing uncommon, the claim made in this one is a tad odd, as Dale's neighbors brought the suit claiming that his secondhand cigar smoke was turning their lives into a living hell.

The $2 million suit against Dale was brought by Russell and Amanda Poses. The Poses, along with their two children, lived next to Dale in an upscale apartment on East 79th Street in Manhattan. Russell Poses, who is Wall Street equities trader, stated that the smoke and odors from Dale's cigars would drift to their apartment, affecting their day to day lives. Not only did they claim that the smoke negatively impacted their son who has asthma, but it also prevented them from eating dinner peacefully. The couple would not let their children play in their playroom due to the smoke either. As for actual physical side effects, the Poses cited a loss of sleep, chest pains, respiratory problems, and headaches due to Dale's behavior.

As a result of their physical and mental suffering, the Poses requested damages in the amount of $500,000 for each family member, leading to the $2 million total brought in the suit. While smoking in New York is illegal in places such as bars and restaurants, it is permitted in apartments. One factor that may work in the Poses' favor is that courts in the past have deemed secondhand smoke from other apartments as being a nuisance.

Dale claims that the smoke emitted from city buses exposed the Poses to more smoke than his cigars ever could. He also stated that he attempted to seal off his apartment from the neighbors by soliciting the help of a specialist, even though he already installed three air cleaners to remedy the situation. No ruling has been made yet, but it should be interesting to see the final outcome of this million dollar suit over secondhand smoke.












0 # Neighbors Fuming Over Second Hand SmokeLenny Waller 2011-01-17 21:03
Being a 60 year old cigar smoker, I am appalled at the Pompous attitude of the non smokers toward the smokers. No matter what bothers you, you can't live in a Glass Bubble. Car exhaust, chemicals, fumes from restaurant exhausts. Fumes from oil burners, & much more affect those with Asthma, as well as Cold weather does.
The growth & sale of tobacco in this country is legal. It's use is legal.
Thanks to a City, State, & Federal government, acting as a "Nanny Government" We are loosing our right to make our own choice.
I personally feel a persons home is their castle. In my castle we allow smoking.
Prohibition didn't work for liquor. What makes any one think it will work for smokers?
The numbers our mayor uses to say smoking is 35% down. Is totally false. As I pointed out at the NYC, & N Y S Public Hearings held in 2010. The 35% shows the number of tobacco products being purchased across state lines, on the Black Market, & on the INTERNET.
Our Mayor has a proposal to try to ban smoking in Public Parks, On Public beaches, On those useless Sitting Plazas, & in Marinas.
Smoking has been baned from restaurants, bars, clubs,& work places There are only a hand full of legal smoking establishments in each borough.
The Air belongs to everyone , Smokers pay taxes too. Smokers have rights. Cigar smokers pay the S H E R P A federal tax which can be as high as 90 Cents a cigar. This money goes into the children's health
Please remember smokers are tax paying citizens, who also vote! We are not Piranhas on society.
Lenny Waller Bronx N.Y.C.

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