Poyck v. Bryant

*700OPINION OF THE COURT

Shlomo S. Hagler, J.

Issue

The novel issue to be determined herein is whether secondhand smoke emanating from a neighbor gives rise to a breach of the implied warranty of habitability and a constructive eviction under the realities of modern urban dwelling. Most urban dwelling in New York City comprises “vertical living” in high-rise apartment buildings with possibly multiple neighbors in all directions. With multiple neighbors living beside each other comes basic duties and responsibilities. There is a duty to protect each other’s right to privacy and a responsibility not…