NY man sued for $2M over second-hand smoke, sickening family

01/17/2011 // Greensboro, NC, USA // Personal Injury Lawyers News // Nicole Howley

New York, NY—A New York family claims they have been basically evicted from their upscale apartment because of the cigar smoke coming from their neighbor’s apartment. The $2 million lawsuit was filed in the Manhattan Supreme Court last week, as reported by MYFoxPhilly and the New York Post.

Russell and Amanda Poses claim they have been practically evicted from their East 79th Street apartment because of the odors and second-hand smoke coming from their neighbor Harry Dale’s apartment.

Dale contends that majority of his smoke breaks are taken outside and says he uses three air cleaners. Dale also claims that he went as far as hiring a specialist to attempt to seal off his apartment from his neighbors to help keep the smoke at bay.

“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.”

Poses family say they have all been loosing sleep and suffering from headaches, chest pains and respiratory issues as a result of the second-hand smoke. The suit is seeking $500,000 in damages for each member of the Poses family.

There are no laws restricting someone from smoking in their apartment.

Legal News Reporter: Nicole Howley-Legal news for New York personal injury lawyers.

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