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Poyck v. Bryant

New York City Civil Court
820 N.Y.S.2d 774 (2006)


Facts

Stan and Michelle Bryant (defendants) rented an apartment from Peter Poyck (plaintiff). In March 2001, new neighbors moved into the apartment next to the Bryants. The new neighbors smoked in their apartment and in the common hallway, with the smoke often emanating into the Bryants’ apartment. The Bryants complained to the building superintendent and Poyck, but the smoke continued. In August 2001, the Bryants vacated the apartment. Poyck sued the Bryants seeking to collect unpaid rent from August 2001 to December 2001. The Bryants counterclaimed, alleging that the secondhand smoke to which they were subjected violated the implied warranty of habitability in their lease and constituted constructive eviction. Poyck filed a motion to dismiss the counterclaim.

Rule of Law

Issue

Holding and Reasoning (Hagler, J.)

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