Smoker to Pay Penalty of $2K Per Cigar to Anti-Smoke Neighbors

After months of enduring the cigar smoke wafting into his apartment from his elderly neighbor's unit, Upper East Side resident Russell Poses couldn't take it any more. He claims neighbor Harry Lyson had stubbornly refused to give up his cigars, leaving Poses and his wife—who live with their two children on East 79th Street—no choice but to file a $2 million lawsuit against him. But a nasty legal battle came to an end yesterday, and Lyson got off easy with a settlement that will cost him just $2,000 per cigar if the Poses family ever smells smoke.

And if Lyson doesn't pay the fine within 15 days, he'll owe an additional $1,500 per violation, according to the agreement. His lawyer says the deal puts his client out into the street (though he better stay away from the park). "This was one of the few pleasures left in his life," attorney Jeffrey Marcus tells the Daily News. "At his age, I felt he'd earned the right to enjoy his cigar and his brandy at the end of the day." But Poses, an equities trader, insisted his neighbor's filthy pleasure was stinking up his dining room. Of course, you've got to wonder: what kind of red-blooded Wall Street trader objects to a little cigar smoke?

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By John Del Signore in News on February 24, 2011 11:18 AM

Comments [rss]

evbo

Not exactly.

What happened was that the old man was doing something perfectly legal in his apartment, yes, but that "something legal" unfortunately encroached on another neighbor's apartment. Said neighbor, "After months of enduring the cigar smoke wafting into his apartment from his elderly neighbor's unit," finally got fed up & filed suit.

Since the article says that "He claims neighbor Harry Lyson had stubbornly refused to give up his cigars," I'm assuming the guy tried to at least talk to his smoking neighbor about the problem. Obviously, this didn't work.

Do I feel for the old guy? Yeah. Do I also feel for the 2nd-hand-smoke-smellin neighbor? You bet. If it was me, and if I had tried to be reasonable with my neighbor only to be met with stubborn refusal, I probably would've sued, too. Just because the old guy is entitled to smoke his cigar in peace doesn't mean he's also entitled to subject his neighbor to the same pleasure.

Of course, I also might have gone out & bought some sort of smoke-eating and/or air freshening device for my neighbor as a gift, specifically to forestall any possibility of having to sue the guy. But again, if I had done that & been met with obstinate refusal to accept and/or use that device? You bet your ass I'd sue.

Guest

Well, according to your argument, he should sue Mother Nature for creating the air that caused the smoke to waft into his apartment.

random transplant

Forget about the constitution - Just go to civil court and have a sympathetic judge bang out a whole new legal code which only applies to the accused.

Rammy

So what happened was, an old man was doing something legal in his apartment and another neighbor threatened - "If you don't stop that perfectly legal thing you're doing in the privacy of your own home, I will sue you for 2 million dollars".

The old man, frightened by the potential costs of defending himself against this lawsuit agrees instead to pay the neighbor up to $3500 each and every time he does this perfectly legal thing in his own home.

Substitute "I will beat your old ass with a hammer" with "2 million dollar lawsuit" and how is this not extortion? Do as I say or I because I'm a rich man who has lawyers on retainer I will force you to spend countless hours and money to defend yourself against my bullshit lawsuits?

Cmdrogogov2

well that's a good example of how copyright law works in the USA, but what has it to do with this article? :P

whitecastlerock

This isn't surprising, East 79th street is Bloombergville...

newUsername

hmmm... so, I can sue the weed smoking neighbors...

ANGRYGOD11

Or bring a pizza and share.

Bernie_Geotz_Squirrel_Luv

I think george costanza/jason alexander is the only seinfeld character who didn't smoke a cigar.
I smoked a cigar once in my apartment and it got smoky and stuffy fast, you really need a smokeater. I smell cigarette smoke from my downstairs neighbor through the bathroom vent.
I wonder what the NYC bars did with theirs after the ban?

ANGRYGOD11

Sounds like Russell Poses goes out in the hallway and sniffs at his neighbor's door, hoping to be offended.

Mordicai

Wait...how? I mean-- listen, I can understand hating your smelly neighbor, but you can bring that up in a court? What if you have loud neighbors, can you sue them?

I'm...pretty anti-smoking, but even I think it might be a bit nuts if people couldn't smoke...in their own home. Is this some weird co-op situation?

Guest

I completely agree. I'm also a non-tobacco-smoker. You'd think we'd be safe in our own homes to do as we please, but then again consensual sodomy was still a crime until only a few years ago. It's got to be a condo or co-op bylaws thing. Either that or we're just moving towards a more totalitarian society.

Mordicai

Right. Even when I am up on my high horse being all anti-tobacco, I advocate targeting the corporations involved, not the individuals. If you want to get a drink or a smoke at some legal establishment, or at home, I'm all for that. Now, having smokey neighbors would SUCK but still.

Civil law is a funny thing.