Secondhand Smoke Gets Neighboring Attorney Fired Up

A tax lawyer who fled his offices because of secondhand smoke coming from the adjacent suite of another tax attorney can sue his neighbor, the building and its managers for breaching his right to quiet enjoyment of his property, a judge has ruled.

Manhattan Supreme Court Justice Richard F. Braun said the plaintiff had demonstrated that he may have been constructively evicted, a necessary element of a claim for breach of the covenant of quiet enjoyment.

Details here from the New York Law Journal via