Legal Opinion
Duntley v. Barr
Syracuse City Court
Decided September 22, 2005PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
David S. Gideon, J.
*207Plaintiff/claimant herein brings the instant action seeking monetary damages of $5,000 incurred by him, allegedly caused by defendant’s smoking in the adjoining apartment.
The case at bar uniquely presents the next step in establishing what recovery, if any, is available for damages incurred privately, versus publicly, attributable to environmental tobacco smoke (ETS), oftentimes referred to as “secondhand smoke.”
There is no question that the State of New York has specifically recognized the human health dangers inherent in ETS when article 13-E of the…
2Cases cited5 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Zimmerman v. CarmackAppellate Division of the Supreme Court of the State of New York · 2002
- Herbert Paul, CPA, P.C. v. 370 Lex, L.L.C.New York Supreme Court · 2005
- McCormick v. MoranWatertown City Court · 1999
- DeMatteo v. DeMatteoNew York Supreme Court · 2002
3Cited by2 opinions
- Schuman v. Greenbelt Homes, Inc.Court of Special Appeals of Maryland · 2013
- Ewen v. MaccheroneAppellate Terms of the Supreme Court of New York · 2011