Co-Ops—Judgment Against a Co-Op Board Based on Second Hand Smoke Reversed by the Appellate Division—Source of Smoke Never Identified—Plaintiff Only Stayed in Apartment Occasionally—Warranty of Habitability—Constructive Eviction
Following a nonjury trial, a trial court found a defendant cooperative corporation (co-op) was “liable and awarded plaintiff certain maintenance payments, interest, and reasonable attorney fees,” in a case involving second-hand smoke. The Appellate Division (court) reversed the finding of liability, vacated the award and dismissed the complaint.
