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DUNTLEY v. BARR

10 Misc.3d 206 (2005)

805 N.Y.S.2d 503

EDGAR DUNTLEY, Plaintiff, v. MARION BARR, Defendant.

City Court of Syracuse.

September 22, 2005.

Attorney(s) appearing for the Case

Edgar Duntley, plaintiff pro se.

Marion Barr, defendant pro se.

OPINION OF THE COURT

DAVID S. GIDEON, J.

Plaintiff/claimant herein brings the instant action seeking monetary damages of $5,000 incurred by him, allegedly caused by defendant's smoking in the adjoining apartment.

The case at bar uniquely presents the next step in establishing what recovery, if any, is available for damages incurred privately, versus publicly, attributable to environmental tobacco smoke...

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