Cigar Smoker Sued by Fuming Mad Neighbour

[El Presidente]

Cigar Smoker Sued by Fuming Mad Neighbors

January 16, 2011

A family is asking for $500,000 in damages from their Upper East Side neighbor for the cigar smoke they say is hurting their health.

Read more: http://www.dnainfo.com/20110116/upper-east...s#ixzz1BFosEzkb

By Gabriela Resto-Montero

DNAinfo Reporter/Producer

UPPER EAST SIDE — A family at an Upper East Side Co-Op are fuming mad over what they say is a constant barage of second-hand cigar smoke from their next door neighbor.

Russell and Amanda Poses have filed a $500,000 lawsuit in Manhattan Supreme Court against their next-door neighbor, Harry Dale, claiming that his smoke has kept them from being able to use rooms in their own home, the New York Post reported.

"It's pungent enough that you can't eat dinner," Russell Poses told the Post.

"I've got two children, and I couldn't let them in their own playroom," Poses said.

For his part, Dale, whose wife Ann recently suffered a stroke, said he'd already gone to extraordinary measures to mitigate the impact of his smoking on his neighbors.

Dale said that now he only smokes outside, uses three air-fresheners and professionally sealed his apartment from the Poses' home, according to the Post.

"This has been going on for a year, I thought we'd rectified it," Dale said to the Post.

"The Poses are absolutely unreasonable," he said.

A recent City Hall proposal to ban smoking in public parks, beaches and plazas met with claims of harrassment from smokers in October.

[Wicky]

he needs to smoke better cigars.

[ZAZ]

he needs to smoke better cigars.

Good point....

[cigcars]

*To the neighbors suing the poor cigar smoker: "W T F !??"

[investandprosper]

*To the neighbors suing the poor cigar smoker: "W T F !??"

My neighbors have complained, as I smoke in my garage, but I just keep the garage side door closed and the automatic door open. Seems to help.

[OZCUBAN]

Only In America

[Grabo2u2]

Not it Tenn. I keep trying to them to smoke better cigars (than swisher sweets) there some areas you can't smoke even smoking shops! LOL glad I moved 7yrs a mostly favorable sites.

[El Presidente]

Not it Tenn. I keep trying to them to smoke better cigars (than swisher sweets) there some areas you can't smoke even smoking shops! LOL glad I moved 7yrs a mostly favorable sites.

Good to see you around my friend and hoping the family is well!

[cigcars]

Not it Tenn. I keep trying to them to smoke better cigars (than swisher sweets) there some areas you can't smoke even smoking shops! LOL glad I moved 7yrs a mostly favorable sites.

*If you've ever smoked a Perfecto Garcia you could sympathize somewhat with non-cigar smokers. Even stone to the bone avid cigar lovers complain about odor from that brand!

[skindiver]

People living too close together have myriad problems the rest of us find hard to fathom.

[Turrbo]

Here's what I would do if I were the cigar smoking neighbor:

1. List the neighbor's house for sale and not say anything

2. Subscribe to as many real-estate subscriptions as possible and send it to the neighbors house

or I would invite the neighbor over for a good cigar once in a while.

On a serious note, a friend moved into a house, when they purchased it they didn't realize that there was a lot of traffic in front of their home and the noise bothered them. They wen't and got the top of the line windows installed and now they don't have that problem. The problem is America is that everyone wants the world to adjust to their personal needs. This is just BS. I stopped trying to adjust to others years ago, and ever since then I've been a happier person.

[Wicky]

Not it Tenn. I keep trying to them to smoke better cigars (than swisher sweets) there some areas you can't smoke even smoking shops! LOL glad I moved 7yrs a mostly favorable sites.

thats awesome.