Poyck v. Bryant, 13 Misc. 3d 699 (2006)

Citation: Poyck v. Bryant, 13 Misc. 3d 699 (2006)
Parent Document: Poyck v. Bryant, 13 Misc. 3d 699 (2006)
Jurisdiction: New York (state)
Effective Date: 2006-08-24
Original Source: https://www.courtlistener.com/opinion/6307489/poyck-v-bryant/ ↗

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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 to invade a neighbor’s privacy. The unwanted invasion of privacy comes in many guises such as noise, smells, odors, fumes, dust, water and even secondhand smoke.

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