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NEW YORK (AP) - A couple in a famed apartment building that has been home to the likes of Babe Ruth, Jack Dempsey, Igor Stravinsky and Angelina Jolie are suing a neighbor over her heavy smoking.
I really really really really hope that they lose this.
Im vehemently anti-smoking.
But, if the complex allows smoking, and a neighbor smokes, and you don't like that, you have the option to move. Thats what the right to choice is about. That doesn't give you the right to sue someone because their smoking affects you when you can easily move yourself out of the situation.
I asked this question in another thread, and lost the thread before I could see an answer,
"Where does Personal Responsibility come into play? Where do we start holding ourselves accountable for our actions?"
I hope they win but they will not. My neighbor smokes weed and police can not do anything about it. I wish they win that case so I would be able to file a complaint too.
And I am a Smoker myself but I do not smoke inside the house EVER .
Maybe I'm missing something but the link didn't take me to anything resembling the subject of the thread.
But if the scenario is as poster Radek describes then I agree. As a smoker for close to 50 years who's now quit because of COPD, even second hand smoke irritates me no end but why in anybody's name would I sue a neighbor for smoking if the LL allows smoking on the premises? If I were in that situation I'd simply move.
nybumcom: you're talking apples and oranges when comparing smoking marijuana to smoking regular tobacco. Tobacco is legal and marijuana is illegal in most jurisdictions unless in the few states where the use of prescribed medical marijuana is permitted. Even in those jurisdictions where it's legal, I don't believe that it would be allowed in a building designated as a no-smoking area. If your neighbor is smoking pot it's incorrect that, "the police can not do anything about it" if you live where it's an illegal substance.
I'm not taking any stand here about whether smoking marijuana should be illegal or not, only questioning a blanket statement.
If you have a shared hallway and the neighbor keeps smoking there then it is very annoying, and 2nd hand smoke can make you sick so I hope they will win although I believe they won't have a chance unless it is in the Condo docs.
At the Court House over here they have a certain amount of space from the doors that nobody is allowed to smoke but most people are standing there so you have no way of passing without getting the nasty smell in your face. AND the other day I was enjoying to sit on a bench waiting for one of my kids at the out door mall that we have...a nice beautiful day and hardly any people there since it was a weekday, UNTIL one of the employees came outside, stood next to the bench and got all the smoke in my face! That was the end of me enjoying that moment
I'll tell ya what, when I lived in NYC I was a heavy smoker. I lived in an old five-floor walkup (I was on the second floor), in a studio apartment.
The hallway always smelled like smoke.
Then I realized it was MINE.
I was completely horrified and it got me to quit. (I later started again - several years later - but that's another story).
Lawsuits are annoying but the truth is that everyone is in very close quarters there - the smoke probably gets into the neighbor apartments. Even if it doesn't, the neighbors probably have to walk through it.
Darn it! The thread was so short that I didn't check the start date. A prime example of why I hate it when people revive old threads - particularly in a case like this when it's based on a newspaper article almost four years ago!!
Darn it! The thread was so short that I didn't check the start date. A prime example of why I hate it when people revive old threads - particularly in a case like this when it's based on a newspaper article almost four years ago!!
That's OK, those necro-posts catch us all sooner or later. Your advice was still good for anyone looking for similar information.
please, they think they are in grave danger for their 4 year old breathing in second hand smoke from another apartment.
please, both me and my sister are fine and both our parnets smoked everywhere.
we didnt like it, but we didnt die either.
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