A law firm in a large New York office building filed suit against the landlord and a tenant located one floor below its offices.  The law firm alleges that the secondhand smoke emanating from the floor below has caused some of the firm’s partners, associates and employees “illness, discomfort, irritation and endangerment to their health and safety” and prevented some of their personnel from being able to use or occupy their offices.  The firm alleges that the landlord breached its contract and constructively evicted the plaintiff and further alleges that both defendants permitted a nuisance, engaged in trespass and were negligent.  See Gregorian, D., “Law Firm Smokin’ Mad at Neighbors,” New York Post, June 23, 1998 22; and Arena, S., “Lawsuit Raises Stink Over Cigar Smoking,” Daily News (New York), June 23, 1998, 17.  The law firm later dropped the suit because the owner and the tenant agreed to remedy the smoke problem. See “Law Firms Drops Smoking Lawsuit,” Crain’s New York Business, September 14, 1998, 1.

L.P., et al., 13.4 TPLR 3.188, Supreme Court of the State of New York (1998).