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
Tag: Reinhard v. Connaught Tower Corp.
Secondhand Smoke
Over the past few years a number of our clients have asked about the legal implications of secondhand smoke in their buildings. The law on the issue has been largely unsettled. However, boards and property managers should be aware of a clearly emerging trend of imposing liability on cooperative and condominium boards that permit smokers to subject their neighbors to secondhand smoke. This trend is highlighted by a recent decision in the case of Reinhard v. Connaught Tower Corp., a lawsuit brought in the New York State Supreme Court for Manhattan. The plaintiff in the Reinhard case had purchased a… Read more