Christian and Britt Ewen, the owners of a Manhattan condominium unit, sued their neighbors for private nuisance and negligence, because the latter engaged in "excessive smoking" which caused secondhand smoke to waft into the Ewens's home.
When the New York County Civil Court refused to dismiss the case, an appeal was filed.
While the Appellate Term, First Department, acknowledged the dangers and annoyances associated with secondhand smoke, since there was no applicable law or condominium rule prohibiting the activity, it thought that the lawsuit couldn't continue--particularly since the Ewens's neighbors had no duty to refrain from smoking in their own apartment and were under no legal obligation to prevent the spread of the odor to neighboring units.
Did they finally meet their match?
To view a copy of the Appellate Term's decision, please use this link: Ewen v. Maccherone