Appeals Court Reverses Big Smoking Verdict Against Co-op (NY)

A year ago, state Supreme Court Judge Arthur Engoron sent shivers through New York City’s co-op community when he ruled that Susan Reinhard, a shareholder at the Connaught Tower co-op at 300 East 54 Street, was entitled to $120,000 in back maintenance, interest, and attorney’s fees after she claimed secondhand smoke had permeated her apartment and rendered it uninhabitable.  Last week, the Supreme Court’s Appellate Division, First Department, overturned that verdict – even ruling that Reinhard is now on the hook not only for her back maintenance, but also for the co-op’s attorney’s fees. “In particular,” the court wrote, “(Reinhard) failed to show that the (smoke) odor was present on a consistent basis and that it was sufficiently pervasive as to affect the health and safety of occupants.”     Read the article…………..

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