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NYC tenants sue over neighbor's smoking
San Luis Obispo Tribune ^ | Feb. 08, 2008 | NA

Posted on 02/08/2008 4:56:14 PM PST by neverdem

Associated Press

A couple in a famed apartment building that has been home to the likes of Babe Ruth, Jack Dempsey, Igor Stravinsky and Angelina Jolie are suing a neighbor over her heavy smoking.

Lawyers Jonathan and Jenny Needleman Selbin say in a lawsuit filed Thursday that their home in the Ansonia on Manhattan's Upper West Side "smells like a casino" because a chain-smoking neighbor, Galila Huff, filled their apartment and the hallways with smoke almost daily from their arrival in 2003 until last year.

Huff's smoke sometimes came directly into the Selbins' apartment through vents from shared duct work, court papers say. The couple said they worried about the "grave danger" the secondhand smoke posed to their son Charlie, who is now nearly 4.

The attorney couple said Friday that the building's management renovated the ducts in early 2007 and mostly fixed that problem, but the renovations did nothing to address the secondhand smoke wafting through the hallways.

"Visitors regularly comment on the smoke and have noted that it 'smells like a casino' in the common hallway," the Selbins' court papers say.

Huff, who owns Caffe La Fenice at Broadway and 69th Street, admitted when reached at home that she was a smoker. She said she knew about the lawsuit but could not discuss it.

In their lawsuit, filed in Manhattan's state Supreme Court, the Selbins said they complained to Huff about the smoke but she "intentionally, recklessly and/or negligently" endangered their health and that of their son.

The Selbins asked the court to prohibit Huff from allowing her smoke to permeate the common hallway, and to award the couple unspecified compensatory and punitive damages and legal fees.


TOPICS: Culture/Society; Government; News/Current Events; US: New York
KEYWORDS: health; science
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1 posted on 02/08/2008 4:56:17 PM PST by neverdem
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To: Gabz; SheLion

health nazi ping


2 posted on 02/08/2008 4:57:40 PM PST by neverdem (I have to hope for a brokered GOP Convention. It can't get any worse.)
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To: neverdem

“The couple said they worried about the “grave danger” the secondhand smoke posed to their son Charlie, who is now nearly 4.”

Excuse me as I exhale.......NOW, if this couple is in fact ‘honestly’ concerned about the respiratory health of their young child, they *really* need to move out of NYC. I’d bet these parents jog in traffic.


3 posted on 02/08/2008 5:00:46 PM PST by egginanest ( We don't know what we want, but we are ready to bite somebody to get it. -Will Rogers-)
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To: neverdem
and to award the couple unspecified compensatory and punitive damages and legal fees.

Ahhh! There we go!

sounds familiar. $54 million pants suit mebbe?

4 posted on 02/08/2008 5:03:23 PM PST by HeartlandOfAmerica (Don't blame me - I voted for Fred and am STILL a FredHead!)
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To: neverdem

They would probably still sue her if she lived 5 floors down.


5 posted on 02/08/2008 5:06:02 PM PST by red-dawg (When is somebody going to ask Hillary the "boxers or briefs" question.)
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To: neverdem
Cigarette smoke contains about 4,000 chemical agents, including over 60 carcinogens (8). In addition, many of these substances, such as carbon monoxide, tar, arsenic, and lead, are poisonous and toxic to the human body.

http://wwwicic.nci.nih.gov/cancertopics/factsheet/Tobacco/cancer#3

How could a person be upset that a neighbor is introducing arsenic and lead into their apartment?

6 posted on 02/08/2008 5:06:24 PM PST by trumandogz ("He is erratic. He is hotheaded. He loses his temper and it worries me." Sen Cochran on McCain)
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To: neverdem

Huff can’t puff, enough’s enough


7 posted on 02/08/2008 5:06:37 PM PST by steveo (Time flies like an arrow, fruit flies like a banana.)
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To: trumandogz

I know that this strikes you as a strange and weird idea but how about this? If they’re so upset, they can move.


8 posted on 02/08/2008 5:09:02 PM PST by Captain Kirk
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To: neverdem

I agree with the lawsuit. Not on health grounds but on the basis of the defandant’s action damaging the value of the property of her neighbors. Either contain the smell and prevent it from stinking up the rest of the area or pay the penalty.


9 posted on 02/08/2008 5:09:31 PM PST by KantianBurke ("If you like President George W. Bush, you'll love Mike Huckabee,")
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To: neverdem

I recently quit smoking. I can smell a smoke a mile away but I won’t blame anyone who wants to smoke. If I don’t like it, I won’t go there. These people should move and get on with their life.


10 posted on 02/08/2008 5:10:33 PM PST by RC2
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To: red-dawg

Not necessarily. Having lived one floor above an alcoholic heavy smoker I can sympathize. I’d come home at night to the apartment and you could see the smoke. After a miserable year in which he wouldn’t even open his windows he finally moved.

For those who say *I* should have opened my windows, I tried that. It worked like a chimney and brought in more smoke. We would have to leave the apartment it got so bad.


11 posted on 02/08/2008 5:11:18 PM PST by ladyjane
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To: Captain Kirk
Like I said, why could someone be upset over having carcinogens introduced into their home?
12 posted on 02/08/2008 5:11:58 PM PST by trumandogz ("He is erratic. He is hotheaded. He loses his temper and it worries me." Sen Cochran on McCain)
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To: trumandogz

I suppose as upset as I am about the barking dog next door which keeps me awake all night. Then again, I knew that dogs were allowed in the neighborhood when I moved in....so I’d be quit a whiner if I sued him, wouldn’t I?


13 posted on 02/08/2008 5:21:00 PM PST by Captain Kirk
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To: ladyjane

Did you know that smoking was allowed when you moved in?


14 posted on 02/08/2008 5:23:21 PM PST by Captain Kirk
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To: neverdem

Dear God, will you anti’s please just get your fecal matter in a singular container enough to make it illegal. That’s what you want so just do it and get it over with. We smokers are tired of being shoved around every damn time one of you gets offended. Get off our backs, will ya?

Here’s a thought - how about your folks get together and tell us where we CAN smoke without being endlessly badgered by you nanny-staters. Think you peeps can do that?

Go ahead, show us your great compassion (fascism). Do it...


15 posted on 02/08/2008 5:29:31 PM PST by ProfoundMan (Money is the mother's milk of politics but righteous indignation is the drug of choice.)
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To: Captain Kirk

This was years ago. I was living there and he moved into the woman’s apartment below. Their marraige lasted less than a year. The poor guy had problems.


16 posted on 02/08/2008 5:32:30 PM PST by ladyjane
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To: trumandogz

Cooking food at high temperatures, for example broiling or barbecuing meats, can lead to the formation of minute quantities of many potent carcinogens that are comparable to those found in cigarette smoke (i.e., benzopyrene).[1] Charring of food resembles coking and tobacco pyrolysis, and produces similar carcinogens. There are several carcinogenic pyrolysis products, such as polynuclear aromatic hydrocarbons, which are converted by human enzymes into epoxides, which attach permanently to DNA. Pre-cooking meats in a microwave oven for 2-3 minutes before broiling shortens the time on the hot pan, which can help minimize the formation of these carcinogens.

Reports from the Food Standards Agency have found that the known animal carcinogen Acrylamide. is generated in fried or overheated carbohydrate foods (such as french fries and potato chips). Studies are underway at the FDA and European regulatory agencies to assess its potential risk to humans. The charred residue on barbecued meats has been identified as a carcinogen, along with many other tars


17 posted on 02/08/2008 5:35:03 PM PST by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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To: ladyjane

I understand, years ago there was no such thing as asking someone to ‘not smoke’.


18 posted on 02/08/2008 5:36:09 PM PST by Ditter
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To: ProfoundMan

Smoking stinks.


19 posted on 02/08/2008 5:37:02 PM PST by elcid1970
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To: elcid1970

Smoking stinks.”

Car exhaust stinks more.


20 posted on 02/08/2008 5:39:51 PM PST by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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