A nonsmoking apartment resident sought to recover $5000 in damages for harm to his apartment allegedly caused by Barr’s smoking . The court ruled that the Legislature specifically exempted private residences from the Public Health Law that regulates smoking in certain public areas. Thus, the plaintiff’s claim can go for under a theory of private nuisance. The court found for the plaintiff in the amount of $335.13, the cost of air purification equipment plaintiff had purchased.
805 N.Y.S.2d 503, 2005 N.Y. Misc. LEXIS 2041, 20.6 TPLR 2.873, No. 2005/00131 SC, N.Y. Sup., Syracuse Co.).