Legal Question in Civil Rights Law in New York

I sit outside on stoop with smoker

Hello,

I live in Queens, NY.

I live in a 3 floor apartment building with 2 apartments per floor.

A ''stoop'' is the gateway into the building. The ''stoop'' is comprised of steps and a brick/cement made structure built alongside.

The stoop provides a practical purpose. It is also used to sit on.

I sit on the stoop. I do not smoke.

My new neighbor sits on the stoop. He smokes.

His smoke annoys me. When my neighbor sits on the stoop and smokes I can't stay and must leave the stoop to avoid the smoke.

Is there a law that says, ''If you smoke and sit outside on a stoop of an apartment building with a non-smoker and that non-smoker requests that you stop smoking in the stoop area then you must stop smoking?''

Thank you for your time.

Brian


Asked on 7/15/04, 6:10 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: I sit outside on stoop with smoker

You absolutely CANNOT be serious! I hate smoke as well, but think about it: the idea that someone on the street in the "fresh" air of New York could stop another citizen from smoking? What next? No passing gas? No outpouring of bread smells from bakeries? If there is such a law, which I doubt, it would be virtually unenforceable.

New York's smoking laws apply to establishments, not the fresh air, where there is a reasonable ability to control where the smoke goes. It would be absolutely unreasonable a restraint on freedom to permit one person to dictate how another may smoke in an open air environment, where you can choose not to breathe in the smoke by moving closer to....the street??

Still, you can always ask local counsel, or Google "New York smoking laws."

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Answered on 7/15/04, 6:59 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: I sit outside on stoop with smoker

There is no such law. But perhaps you can politely ask the person not to smoke in your presence, or you can move. If the smoke is all the time and the person is uncooperative you may want to register a complaint with the landlord.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/16/04, 8:58 am


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