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May 10, 2017

More on Second-Hand Smoke

Coffee and Cigarette

Cooperative and Condominium Directors and Managers: There was a collective sigh of relief last week when the Appellate Division, First Department – the New York appellate court whose jurisdiction includes Manhattan and the Bronx – unanimously reversed the lower court’s decision in Reinhard v. Connaught Tower Corp. and vacated an award of substantial damages to a cooperative’s shareholder who claimed that the use of her apartment had been impeded by the infiltration of second-hand cigarette smoke. The Appellate Division did not eliminate the liability of a cooperative or a condominium for second-hand smoke; however, it did indicate that such liability… Read more