Call that a plan?
In hysterically heroic style, an American family have jumped on the anti-smoker bandwagon and decided to try it on by pursuing trailer park style compo.
Family sues cigar-smoking neighbor over secondhand smokeHalf a mill each ... for a smell?
An Upper East Side cigar smoker said he's done everything to appease the family next door that insists he's generating so much secondhand smoke that it's seeping into their apartment and making life a living hell.
Harry Dale takes most of his smoke breaks outside, uses three air cleaners in his third-floor co-op and even hired a specialist to try to seal off his apartment from that of Russell and Amanda Poses.
The Poses family, who live in apartment 3A, claim the odors and smoke coming from 3G are so strong, they've been practically evicted from their two-bedroom co-op at 501 E. 79th St., a 20-story doorman building where apartments go for $2 million.
"It's pungent enough that you can't eat dinner. I've got two children, and I couldn't let them in their own playroom," said Russell Poses.
The Wall Street equities trader and his wife, who runs her own gift-basket business, are asking for $500,000 in damages for each member of the family.
I'd advise Mr Dale to quote the Labate case, strike up a stogie coupled with a Hannibal Smith smile, and tell them to fuck right off.
But this case goes deeper than that if one thinks about it. Should the Poses succeed in their claim, the same precedent could be used in New York if someone objects to their neighbour's choice of cuisine, their occasional balcony barbecues, or liking for joss sticks.
Good old tobacco control, eh? Still fostering discord where once there was tolerance and harmony.
UPDATE: Thanks to SadButMadLad in the comments, here is the "living hell" in question.