Legal Question in Environmental Law in New York

Re: Clean air laws?

Interesting case. There is a legal principle that says a property owner is free to use his property as he wishes so long as it does not unreasonably interfere with another's use of the property. This is the basis of the law of nuisance.

There are two targets for your lawsuit. First, the coop. Your proprietary lease contains a covenant of quiet enjoyment, and when the landlord (the coop) or a person claiming under, by or through the landlord engages in activity that unreasonably impedes your use of the property, you can sue for the diminished utility of your property.

The chain smoker is your other target.

This case would depend on having an environmental engineer be willing to testify as a expert about the air quality in your apartment and tracing the source to the smoker. You would also need a doctor to testify about the impact the smoke has on your health.

The question that comes up is whether the health impact is so great that you should move out. This would be bad for you but very good for your lawsuit, because you can recover damages for constructive eviction. It's not constructive eviction if you don't move out; please note that I am not saying you should move out. What I am saying is that moving out or not moving out is central to your case. You should definitely speak to an attorney about your rights and remedies in this case.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.