Couple sues neighbor for 2nd hand smoke

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http://cityroom.blogs.nytimes.com/2008/02/08/second-hand-smoke-at-the-ansonia-prompts-lawsuit/?hp

A dispute over second-hand smoke between neighbors at the Ansonia, a majestic Beaux-Arts building on the Upper West Side, has resulted in litigation and more unwanted attention for the luxurious building.

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The Selbins have lived at the Ansonia, at 2101-2119 Broadway, since 2003; their son, Charlie, was born in 2004 and is nearly 4. In their lawsuit, the Selbins contend that as a result of Ms. Huff’s chain-smoking and inadequate ventilation, “second-hand smoke from her apartment fills the common hallway” and has periodically come directly into the Selbins’ apartment through the vents and the shared duct work.

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“No one notified me, neither the office nor you, that you were still being bothered by the second hand smoke,” Ms. Huff wrote. “I apologize for the nuisances and I had no intention to harm anyone. I now keep my two windows open when I smoke and will again meet with the building manager to see what can be done to correct this problem. As you are well aware I am planning to sell my apartment and move back to Israel and hopefully it will sell very soon.”

Evidently, for the Selbins, Ms. Huff’s apology and her plans to leave the country were not enough. Mr. Selbin is a partner at Lieff Cabraser Heimann & Bernstein, a law firm that represents plaintiffs in personal injury, environmental exposure, consumer protection, employment discrimination and unfair employment matters, among other areas.
 
Here's another article on the lawsuit:

http://www.nytimes.com/2008/02/09/n...em&ex=1202706000&en=f799e0c2bf4d7ede&ei=5087

Her neighbors, Jonathan Selbin, a class-action lawyer who has honed his skills suing major corporations, and his wife, Jenny Selbin, also a lawyer, are irate over the cigarette smoke that they say seeps from Ms. Huff’s apartment into the common hallway of their building, the elegant Beaux-Arts Ansonia, on Broadway between 73rd and 74th Streets.

Her smoking, they say, makes the hallway smell like “a Las Vegas casino,” and the secondhand smoke is jeopardizing the health of their 4-year-old son, Charlie.
 
Her smoking, they say, makes the hallway smell like “a Las Vegas casino,”.

Has this moron been to a Vegas casino lately? They have the probably the finest air filtration systems available. I've been there twice in the past year and have had a person smoking 5 feet away from me and I couldn't detect an ounce of smoke smell.
 
Another example of people to bring suit rather than work out their problems. Those parents will hurt their son's personal well being with their attitude more than the second hand smoke will...and I hate smelling smoke. They sound like asses to me.
 
Oh whatever if they don't like it then they can move! People just trying to find something to 'sue' for.. I remember in Elem. school my teachers would sit at their desks and chain smoke while teaching us. We all grew up just fine.
 
Note to self: Never move next door or in same building with married Attorneys. :)
 
One of the articles I read this weekend said that no other neighbors have complained about this woman's smoking.
 
One of the articles I read this weekend said that no other neighbors have complained about this woman's smoking.

I don't know what more this couple expect her to do short of dressing in drag and doing the hula. The vents have been corrected, she's purchased two air purifiers, and put her condo on the market.

:bang:

It's a couple of lawyers that are lawsuit happy.
 
Isn't that nice. Suing a woman for participating in a LEGAL activity in HER OWN HOME. God bless America.
 

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