DeNardo v. Corneloup

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Daniel DeNardo sued his landlord and his neighboring tenant alleging that cigarette smoke emanating from the neighbor's apartment was making DeNardo ill. The superior court ultimately rejected all of DeNardo's claims.

We affirm. There was no error in dismissing DeNardo's claims of negligence and breach of the covenant of habitability after he voluntarily moved for dismissal of those claims and failed to preserve them in the superior court. There was no error in rejecting his claim that the landlord breached the covenant of quiet enjoyment, because there…