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POYCK v. BRYANT

13 Misc.3d 699 (2006)

820 N.Y.S.2d 774

PETER POYCK, Plaintiff, v. STAN BRYANT et al., Defendants.

Civil Court of the City of New York, New York County.

August 24, 2006.

Attorney(s) appearing for the Case

Meyers, Saxon & Cole, Brooklyn (Gerald Slotnick of counsel), for plaintiff.

Guralnick & Sandercock, LLP, New York City (Margaret Sandercock of counsel), for defendants.

OPINION OF THE COURT

SHLOMO S. HAGLER, J.

Issue

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...

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